037-23 - Ordinance - Temporary SignsDocuSign Envelope ID: 4332D489-5BB9-4060-98BC-BF5F7C565C39
ORDINANCE NO. 037-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO THE CITY'S DEVELOPMENT CODE WITH REGARD TO THE
CITY SIGN CODE AND TEMPORARY SIGNS; AMENDING SECTION
20.132.270 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR
SEVERABILITY, CORRECTIONS, AND PUBLICATION; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, it is within the City's police power to regulate City rights -of -way and other
public spaces; and
WHEREAS, a 2015 decision of the United States Supreme Court (Reed v. Town of
Gilbert) necessitated a review of the City's sign regulations; and
WHEREAS, the Reed decision ruled that, in most instances, local government sign
regulations must be "content neutral"; and
WHEREAS, on June 27, 2017, the City Council adopted Port Orchard Municipal Code
(POMC) 20.132, Ord. 024-17, containing the City of Port Orchard's development standards for
permanent and temporary signage; and
WHEREAS, the Department of Community Development documented the location and
amount of temporary signs in seven study areas between November 2022 and August 2023;
and
WHEREAS, the Department of Community Development documented the location and
amount of temporary signs in seven study areas through reliance on historical street -view
photography between October 2012 and August 2022
WHEREAS, the amount of temporary signs in the study areas has significantly increased
in the five-year period following the adoption of Ord. 024-17; and
WHEREAS, the Department of Community Development analyzed Port Orchard Police
reported crash data for the five-year period previous to the adoption of Ord. 024-17 and the
five-year period following the adoption of Ord. 024-17; and
WHEREAS, the Port Orchard Police reported crash data for the five-year period
following the adoption of Ord. 024-17 shows an increase in reported crash frequency within
five of the seven study areas; and
WHEREAS, based on the data, a nexus exists between an increase in the frequency of
reported crashes and the location of temporary signage; and
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Ordinance No. 037-23
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WHEREAS, new fully autonomous and semi -autonomous vehicle technologies exist that
utilize cameras, radar, and lidar to allow a vehicle to automatically steer, accelerate, and brake
without driver intervention and temporary signs placed too close to travel lane may interfere
with these systems and other emerging vehicle technology; and
WHEREAS, POMC 20.132.270, does not currently make adequate provision for safety
related to the location of temporary signs; and
WHEREAS, the City Council desires to amend POMC Section 20.132.270 to amend
location standards for temporary signs; and
WHEREAS, on September 28, 2023, the City's SEPA official issued a determination of
nonsignificance for the proposed amendment, which was published and provided to the public
in accordance with POMC 20.160.190 and WAC 197-11-510, and there have been no appeals;
and
WHEREAS, this Ordinance was submitted to the Department of Commerce for 15-day
expedited review September 28, 2023 which was granted by Commerce and the requisite time
has now passed to allow this ordinance to be adopted; and
WHEREAS, on September 26, 2023, the City issued a Notice of Public Hearing for the
proposed amendment to POMC 20.132.270, which was published and provided to the public in
accordance with POMC 20.25.050; and
WHEREAS, the Planning Commission conducted a public hearing on the substance of
this Ordinance on October 3, 2023, and recommended adoption by the City Council; and
WHEREAS, subsequent to the October 3, 2023 Planning Commission recommendation,
the City identified additional revisions to include in the Ordinance; and
WHEREAS, at the November 21, 2023 City Council Work Study meeting, the City Council
elected to pursue additional revisions to the Ordinance; and
WHEREAS, the City Council conducted a public hearing on the substance of this
Ordinance on December 12, 2023; and;
WHEREAS, the City Council, after careful consideration of the recommendation from the
Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is
consistent with the City's Comprehensive Plan and development regulations, the Growth
Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best
interests of the residents of the City and further advance the public health, safety, and welfare;
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Ordinance No. 037-23
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now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
SECTION 1. The Port Orchard Municipal Code, Section 20.132.270 is hereby amended to
read as follows:
20.132.270 Temporary signs.
(1) No Permit Required. A temporary sign does not require a sign permit but shall
comply with the fellewing standards: set forth in this section.
(2) Removal. Temporary signs shall be removed if the sign is in need of repair, is worn,
dilapidated, or creates a public nuisance. Any temporary sign in the right-of-way that is
dilapidated or a nuisance shall be removed by the person responsible for placement of the sign.
Temporary signs on public property or within a public right of way that do not comply with this
chapter will be removed by city personnel. Those removed signs which are not dilapidated or
nuisance signs will be stored by the City for up to 7 calendar days for retrieval.
(3) Materials. See POMC 20.132.100, Sign materials, and the definition of "temporary
sign" in POMC 20.132.290, Definitions.
(4) City Property (Excluding City Right -of -Way). Temporary signs on city -owned property
(excluding city right-of-way) are allowed only in conjunction with an approved special event
permit.
(5) Public Right -of -Way Requirements. 9ei.the —�Teys+g+�s
(a) Location. Temporary signs are prohibited from being placed within
roundabouts; medians: shoulders; travel lanes; and areas of the public right-of-way that are not
accessible by a sidewalk or pedestrian walking path. Signs shall not be located within 100 feet
of a roadway centerline intersection. Signs shall not be located in rights -of -way adjacent to (on
the same side of the street as) city facilities or parks, or any other government -owned facilities
and properties. Signs shall not be located within 10 feet of the back of curb, or within 10 feet of
a travel lane edge stripe or where no travel lane edge stripe exists, within 10 feet of the
pavement edge. Placement shall only be allowed along the following corridors in locations that
otherwise comply with this section: Allewed enly between the r eFty line and the back of the
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i) Tremont St
ii) Tremont Street W
iii) SE Lund Ave
iv SR-160
v) SE Sedgwick Rd
vi) SW Sedwick Rd
vii) Sidney Ave
viii) Sidney Rd SW
(ix) Pottery Ave
x) Sidney Ave
(xi) SW Old Clifton Rd
xii) SE Mile Hill Dr
xiii) Bethel Rd SE
(xiv) Bethel Ave
(xv) Glenwood Rd SW
(xvi) Hull Ave
xvii) Bay St West of Kitsap St.
(b) Approval of Abutting Owner. Approval of the abutting owner is
recommended.
(c) Type. Signs on stakes that can be manually pushed or hammered into the
ground are allowed. All other signs are prohibited, unless specifically allowed by a street use
permit.
(d) Size and Height. Limited to four square feet ems, and three feet in height.
(Le) Other Signs. The city may allow permanent or oversize signs in city rights -of -
way with a street use permit.
f) Safety. All temporary signs shall be placed in a manner that is safe for all users
of the public right-of-way. Temporary signs shall not block access to structures, parked cars,
block vehicular sight distance views at corners, intersections, driveways, or block pedestrian
walking paths. No temporary sign shall mimic, or be attached to, governmental signs or power
Mks.
(6) Residential Zones. Temporary signs may be placed on rip vate property residentially
zoned in accordance with the requirements of this section and the following:
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(a) Window Signs. Limited to no more than one temporary window sign per
residential unit, not to exceed four square feet.
(b) Freestanding Signs (Includes Post -Mounted, Stake and Portable Signs).
(i) Single -Family Zones. Each temporary freestanding sign shall not exceed
four square feet in size and five feet in height, if the sign is mounted on the ground, and not to
exceed three feet in height if the sign is stake -mounted or portable. No more than 32 square
feet of temporary freestanding signage may be located on any one site.
(ii) Multifamily Zones. Each temporary freestanding sign shall not exceed
six square feet in size and five feet in height if the sign is post -mounted on the ground, and not
to exceed three feet in height if the sign is stake -mounted or portable. No more than 32 square
feet of temporary freestanding signage may be located on any one site.
(iii) Developments. One post -mounted sign of up to eight feet in height
and 32 square feet shall be allowed on -site in association with a residential subdivision, during
the period of active site development and construction. Such signs may not be permanently
installed, and shall be removed upon completion of construction of all homes in the associated
subdivision. If site development or construction ceases or is suspended for a period of more
than 180 days, the sign shall be removed until construction or development resumes.
(c) Surface -Mounted Signs. Limited to sites two acres or larger:
(i) Size. The total amount of temporary signage on a site, whether in one
sign or multiple signs, must equal no more than 32 square feet.
(ii) Location. Must be flatly affixed to walls below the fascia or parapet
line, or flatly affixed to on -site fences either facing or abutting the street, or facing inward to
the subject site. Signs shall not be attached or tethered to other site improvements.
(7) Nonresidential Zones. Temporary signs are allowed on nonresidentially zoned
property in accordance with the requirements of this section and the following:
(a) Window Signs. Limited to 25 percent of the window area, subject to the
window sign requirements of POMC 20.132.280, Window signs.
(b) Freestanding Signs (Including Post -Mounted, Stake and Portable Signs). One
sign per street frontage meeting the following conditions:
Size/height: limited to four square feet and five feet in height if the
temporary sign is mounted on the ground,,and not te- exEeed- three feet ;n height ;f the
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Ordinance No. 037-23
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(c) Surface -Mounted Signs.
(i) Size. The total amount of temporary signage on a site, whether in one
sign or multiple signs, must equal no more than 30 square feet.
(ii) Location. Must be flatly affixed to walls below the fascia or parapet
line, or flatly affixed to on -site fences either facing the abutting street, or facing inward to the
subject site. Signs shall not be attached or tethered to other site improvements.
(8) Temporary Signs on Large Properties, Residential or Nonresidentially Zoned
Properties. The following temporary signs may be placed on any site at least two acres in size,
in accordance with the requirements of this section and the following:
(a) Type. Any type.
(b) Number/Size/Height. One sign per street frontage. Not to exceed 32 square
feet and up to eight feet above ground level.
(c) Exclusivity. The sign allowed under this subsection is in lieu of and shall not be
displayed with or be in addition to other temporary signs allowed by this section.
SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 3. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 4. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION S. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor Pro-
Tem and attested by the Clerk in authentication of such passage this 12t" day of December
2023.
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Ordinance No. 037-23
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ATTEST:
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Je Ine Floyd, CMe, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
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Mark Trenary, Mayor Pro-Tem
SPONSOR:
Scott Diener, Councilmember
DocuSigned by:
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Charlotte A. Archer, City Attorney
PUBLISHED: December 15, 2023
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EFFECTIVE DATE: December 20 2023
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