2020 - Resolution - Billboard Sign at 834 Bay StreetRESOLUTION NO. 2020
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AFFIRMING ON APPEAL A NOTICE AND ORDER FOR THE ABATEMENT OF
AN UNSAFE OR UNLAWFUL CONDITION REGARDING BILLBOARD SIGN
LOCATED ADJACENT TO 834 BAY STREET
WHEREAS, this matter having come for hearing before Port Orchard City Council, on the
appeal of Woody Hooser of a Notice and Order for the Abatement of an Unsafe or Unlawful Condition
regarding a billboard sign located adjacent to 834 Bay Street, the Council having heard this matter at a public
hearing on April 28, 2003, and being otheiWise fully advised, finds, concludes, and resolves as follows: now
therefore,
FINDINGS
1. Woody Hooser is the owner of an unaddressed parcel on the 800 block of
Bay Street, tax parcel no. 4053-012-006-007. The parcel is adjacent to
834 Bay Street.
2. The parcel is zoned Mixed Use District. The property to the east is
Commercial. The property to the south is Residential 12.
3. There is a sign on the parcel at the top edge of a retaining wall along the
north property line adjacent to the sidewalk on Bay Street. The sign is
approximately 4 feet high and 24 feet long and advertises off premises
businesses.
4. Prior to February 2003 the sign consisted of painted plywood on posts. In
February 2003, all but the main posts were replaced with new materials
consisting of 2x4s with frame work exposed and not painted.
Approximately 80% of the sign was structurally altered and replaced.
5. The sign is less than 300 feet from a residential zone, less than 15 feet
from the outside edge of the public right-of-way, and less than 1000 feet
from another billboard sign on the same side of the street.
6. The City has no record of permits ever being obtained for the construction,
alteration or reconstruction of the sign.
7. The City has no record of billboard licenses ever being obtained for the
sign.
8. The City has no record of business licenses ever being obtained for the
sign.
9. No permit for the sign has ever been obtained from the Department of
Transportation.
10. On March 21, 2003, the City issued a Notice and Order for the Abatement
of an Unsafe or Unlawful Condition to Woody Hooser, pursuant to Port
Orchard Municipal Code 15.16.250, notifying him that the sign did not meet
nonconformance status, location restrictions and license requirements of
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Page 2 of4
the City's sign code, Ordinance No. 1762, Port Orchard Municipal Code
(POMC) 15.16.
11. On April 2, 2003, Woody Hooser filed a notice of appeal of the March 21,
2003 Notice and Order pursuant to POMC 15.16.260.
12. The City Council held a public hearing on the appeal on April 28, 2003.
13. The Appellant provided no evidence that any permits or licenses had ever
been obtained.
14. The Appellant provided no evidence that the sign was in full compliance
with all codes and regulations of the City at the time it was erected or when
the sign code was adopted.
15. POMC 15.16.010 defines "billboard" as follows:
(3) "Billboard" means an outdoor advertising sign or poster panel
which advertises products, businesses, and/or services not
connected with the site on which the sign is located, and which
sign is a substantial permanent structure with display services of a
type which are customarily leased for commercial purposes.
16. POMC 15.16.040 provides:
No sign, except for those exempted in this chapter, shall be
erected, re-erected, attached, structurally altered or relocated by
any person, firm or corporation without a sign permit issued by the
city. In case of electric signs, compliance with the National
Electrical Code shall be included as a requirement of the sign
permit. All sign permits shall be issued by the building official. No
permit shall be required for repair, cleaning, repainting or other
normal maintenance, nor for changing the message on a sign
designed for changeable copy, as long as the sign structure is not
modified in any way.
17. POMC 15.16.200(4) provides in pertinent part:
(c) Billboards shall not be closer than 300 feet from any
residential zone.
(d) Billboards shall not be closer than 15 feet from the
outside edge of the public right-of-way.
(e) Billboards shall not be located within 1000 feet of
another billboard on the same side of the street. Back to
back and v-type sign structures shall be considered one
sign structure.
(h) Billboards shall not block, obstruct, or detract from any
unique scenic view enjoyed by the public or any private parties.
The back of billboards will be finished if visible by the public and all
Resolution No. 2020
Page 3 of4
areas visible by the public shall be landscaped with drought
resistant native vegetation as approved by the public works
director. The finish will be nonreflective, painted, and conceal the
framework of the structure.
18. POMC 15.16.200(7) provides:
(a) Business License. A business license as specified in
Chapter 5.12 POMC shall be required for each business owning
one or more billboards, which are erected in the city.
(b) Billboard License. A billboard license as specified in
Chapter 5.52 POMC shall be required for each person who is
engaged in or carries on the business or occupation of outdoor
advertising.
19. POMC 5.52.030, adopted in 1947, provides:
Application for permit to erect any advertising structure or billboard
shall be filed with the clerk. The application shall describe the
location of the proposed structure or billboard by Jot and block, and
shall contain the written consent of the owner of the property
described. If the application contains the approval of the city
manager or the council, the clerk shall issue a building permit upon
payment by the applicant of a fee of $1.00 for each structure or
billboard to be erected.
20. POMC 5.52.080, adopted in 1947, provides:
No person shall engage in or carry on any business or occupation
of outdoor advertising without having first paid a license fee of
$5.00 for each board per year, or until December 31st next
following the application for such license, payable annually in
advance on the first day of January of each year to the city clerk.
Each such license shall remain in force for the term of one year
from and after the first day of January and may be renewed
annually. All licenses issued after the first day of January shall
expire on December 31st next following the date of issue.
21. POMC 15.16.200(8) provides:
Billboards existing on the date of adoption of this ordinance
codified in this chapter which were in full compliance with all codes
and regulations of the city at said time, but which do not comply
with this chapter, shall be regarded as nonconforming billboards.
Said billboards shall be allowed to continue if properly repaired and
maintained. If such billboards are structurally altered, relocated, or
replaced, they shall lose their nonconforming status; further, such
billboards shall Jose their nonconforming status if a change in use
occurs on the underlying property. A billboard without
nonconforming status shall immediately by removed or brought
into compliance with all current provisions of this section.
CONCLUSIONS
1. The sign is a billboard as defined in POMC 15.16.01 0(3).
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2. The billboard is in violation of the location restrictions for billboards set forth in POMC
15.16.200(c),(d), (e) and (h).
3. The billboard is in violation of the license requirements for billboards set forth in
POMC 15.16.200(7), 5.52.080, and 5.12.020.
4. The billboard is in violation of the permit requirements for the construction, alteration
or reconstruction of billboards set forth in POMC 5.52.030 and 15.16.040.
5. Appellant failed to meet his burden of establishing that the sign was in full
compliance with all codes and regulations of the City at the time the sign code was
adopted, and therefore has failed to establish that the sign was a legal
nonconforming billboard under POMC 15.16.200(8).
6. If nonconforming status had been established, any nonconforming status was lost
because the billboard was "structurally altered, relocated or replaced" in February
2003.
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
SECTION 1. The appeal of Woody Hooser of the Notice and order for the Abatement
of an unsafe or Unlawful Condition, issued March 21, 2003, is denied.
SECTION 2. Pursuant to POMC 15.16.250(2)(b) and (c), the sign shall be removed by
the owner within ten days from the date of this resolution. If the sign is not removed within ten days, the
sign may be removed by the City at the owner's expense.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
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LESLIE J. WEATHERILL, MAYOR
ATTEST:
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Pai/icia Parks, City Clerk