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024-21 - Ordinance - POMC Chapter 20.132 Sign CodeORDINANCE NO. O24-2I AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CHAPTER 2O.L32 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITYAND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on June L7,20L7, the City Counciladopted Chapter 20.132 of the Port Orchard Municipal Code (POMC), Sign Code, containing the City's sign standards and permitting requirements; and WHEREAS, the City desires to amend Chapter 20.732.270 and 20.132.290 to provide more specific guidance and enforceability for temporary signs of a type typically associated with real estate and subdivisions, regardingthe size, materials, allowable locations and displaytiming of such signs; and WHEREAS, this Ordinance was submitted to the Department of Commerce for 14-day expedited review on April 5,2O2I; and WHEREAS, on April 12, 202t, the City's SEPA official issued a determination of nonsignificance for the proposed amendments, and there have been no appeals; and WHEREAS, the Planning Commission conducted a public hearing on the substance of this Ordinance on May 4,2OZt, and recommended adoption by the City Council; 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 36.704 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; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. POMC 2O.L32.270 Temporary Signs - Amended. Port Orchard Municipal Code Section 20.L32.270 is hereby amended to read as follows: 20.732.27 O Te m po ra ry si gn s (1) No Permit Required. A temporary sign does not require a sign permit but shall comply with the following standards: Ordinance No. 024-21 Page 2 of 5 (2) Removal. Temporary signs shall be removed if the sign is in need of repair, is worn, dilapidated or creates a public nuisance. (3) Materials. See POMC 2O.L32.LOO, Sign materials, and the definition of "temporary sign" in POMC 20.132.290, Defin itions. (a) 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) City Right-of-Way Outside of the Roadway. Temporary signs are prohibited in the roadway. Temporary signs on city right-of-way placed outside of the roadway must comply with the following requirements: (a) Location. Allowed only between the property line and the back of the nearest curb, orwhere no curb exists, between the property line and the nearest edge of the roadway pavement. Signs may not be placed on sidewalks, driveways or other paved areas designed for pedestrian or vehicular use, in roundabouts or center medians, or as conditioned in a street use permit. (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, and three feet in height. (e) Dilapidated or Nuisance Signs. Any temporary sign in the right-of-way that is dilapidated or a nuisance shall be removed bythe person responsible for placement of the sign. (f) Other Signs. The city may allow permanent or oversize signs in city rights-of-way with a street use permit. (6) Residential Zones. Temporary signs may be placed on property residentially zoned in accordance with the requirements of this section and the following: (a) Window Signs. Limited to no more than one temporary window sign per residential unit, not to exceed four square feet. (b) Freestanding Signs (lncludes 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 notto 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 morethan 32 square feet of temporary freestanding signage may be located on any one site. (iii) Developments. One post-mounted sign of up to B feet in height and 32 square feet, shall be allowed in association with a residentialsubdivision, duringthe period of active site Ordinance No. 024-21 Page 3 of 5 development and construction. Such sign may not be permanently installed, and shall be removed upon completion of construction of all homes in the associated subdivision. lf site development or construction ceases or is suspended for a period of more than L80 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 (lncluding 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 to exceed three feet in height if the temporary sign is portable. (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 64 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. POMC L32.290 Definitions ' Amended. Port Orchard Municipal Code Section 2O.I32.29O is hereby amended to read as follows: (Added to definitions under "T":) Ordinance No. 024-21 Page 4 of 5 "Temporary sign" (which may include special event sign) means any sign that is used temporarily and is not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 2O-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent sign regulations of this chapter, except that post-mounted temporary signs allowed in POMC 20.132.27O, Temporary Signs, which are located on properties that are actively listed or marketed for sale or rental or actively under development or construction, may be made of durable materials. Temporary signs of durable materials shall be removed when such properties are no longer actively listed or marketed for sale or rental or actively under development or construction. lf site development or construction ceases or is suspended for a period of more than 180 days, such signs shall be removed until construction or development resumes. SECTION 3. Severability. lf any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 4. Corrections. Upon approval of the city attorney, the city clerk and the codifiers of this ordinance are authorized to make necessary technical corrections to this ordinance, including, without limitation, the correction of clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or section/subsection numbering. SECTION 5. Effective Date. This ordinance shall be in full force five days after posting and publication as required by law. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 11th day of May 2OZI. Robert Putaansuu, Mayor Ordinance No.024-21- Page 5 of 5 ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM Charlotte A. Archer, City Attorney PUBLISHED: May 14,2027 EFFECTIVE DATE: May t9,2O2L SPONSOR: Scott Diener, Councilmember