052-22 - Ordinance - Subdivision Entry SignsDocuSign Envelope ID: 2836291 B-FAK-40D3-13222-1 BC23EDOAB3B
ORDINANCE NO. 052-22
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REGARDING SUBDIVISION ENTRY SIGNS, AMENDING SECTIONS
20.132.040, 20.132.090, 20.132.210, AND 20.132.290, OF THE
PORT ORCHARD MUNICIPAL CODE TO PROVIDE A FREE-
STANDING SIGN TYPE FOR RESIDENTIAL SUBDIVISIONS
PROVIDING FOR CORRECTIONS, SEVERABILITY, AND
PUBLICATION; AND SETTING AN EFFECTIVE DATE.
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, POMC 20.132, does not make provision for a free-standing sign associated
with residential subdivisions; and
WHEREAS, the City Council desires to amend POMC Sections 20.132.040, 20.132.090,
20.132.210 and 20.132.320 to create development standards for a free-standing sign type for
residential subdivisions; and
WHEREAS, on October 14, 2022, 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 on October 14, 2022 which was granted by Commerce and the requisite time
has now passed to allow this ordinance to be adopted; and
WHEREAS, on October 14, 2022, the City issued a Notice of Public Hearing for the
proposed amendments to POMC 20.132.040, 20.132.090, 20.132.210 and 20.132.320, 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 November 1, 2022, and recommended adoption by the City Council; and
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Ordinance No. 052-22
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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;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Recitals. The recitals set forth in this ordinance are hereby incorporated as
if fully set forth herein.
SECTION 2. The Port Orchard Municipal Code, Section 20.132.040, is hereby amended
to read as follows:
20.132.040 Prohibited signs.
No person shall erect, alter, maintain or relocate any of the following signs in the city:
(1) Animated Signs. A rotating or revolving sign or signs where all or a portion of the sign moves
in some manner. This includes any sign animated by any means, including: fixed aerial displays;
balloons; pennants; spinners, propellers, whirling, or similar devices designed to flutter, rotate
or display other movement under the influence of the wind, including flag canopies and feather
signs not otherwise allowed in this chapter; streamers, tubes, or other devices affected by the
movement of air or other atmospheric or mechanical means. This does not include historic
signs and historic replica signs where the applicant is able to prove, through documentation or
other evidence, that the original historic sign produced the same motion/movement and is
proposed in the same location. A flag, as defined in this chapter, shall not be considered an
animated sign.
(2) Nuisance Signs. Any signs which emit smoke, visible particles, odors and sound, except that
speakers in drive -through facilities shall be permitted.
(3) Bench or furniture signs greater than one square foot in area.
(4) Flashing Signs or Lights. A sign that contains an intermittent or flashing light source, or a sign
that includes the illusion of intermittent or flashing light by means of animation, or an
externally mounted intermittent light source. Flashing light sources are prohibited. Signs with
an exposed light source, exceeding the equivalent of 25 watts per incandescent lamp, including
clear light bulbs which do not flash on a theater marquee except for neon incorporated into the
design of the sign are also prohibited. Electronic message center signs and digital signs are
allowed under the provisions of POMC 20.132.200, Electronic message center (EMC) signs.
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Ordinance No. 052-22
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(5) Hazardous Signs. Any sign that constitutes a traffic hazard or detriment to traffic safety by
reason of its size, location, movement or method of illumination, or by obstructing the vision of
drivers, or by distracting from the visibility of an official traffic control device by diverting or
tending to divert the attention of drivers or moving vehicles from traffic movements on streets,
roads, intersections or access facilities. No sign shall be erected so that it obstructs the vision of
pedestrians or by glare or method of illumination constitutes a hazard to pedestrians or traffic.
No sign may interfere with, mislead or confuse traffic.
(6) No sign may impede free ingress and egress from any door, window or exit way required by
building and fire regulations.
(7) Permanent Signs on Vacant Lots, Parcels or Easements. No permanent sign, except a
subdivision entrance sign, shall be located on a vacant lot, parcel or easement. No permanent
sign shall be located on a lot, parcel or easement as the principal use of that lot, parcel or
easement. Signs may only be established as an accessory use to a principally permitted use.
Provided, however, that subdivision entrance signs may be located on tracts under common
ownership of a Homeowner's Association.
(8) Portable signs on wheels (trailer signs), changeable copy portable signs and illuminated
portable signs.
(9) Abandoned signs.
(10) Signs on utility poles or trees.
(11) Off -Site Controlled Signs. Any sign that is programmed and/or controlled off site.
SECTION 3. Section 20.132.090 of the Port Orchard Municipal Code is hereby amended
to read as follows:
20.132.090 Sign illumination.
(1) General. No temporary sign may be illuminated. No sign located in a residential zone may be
illuminated, except that on parcels two acres in size or greater or a subdivision entrance sign,
signs may be halo illuminated or illuminated as necessary for allowable digital signs. Permanent
signs allowed by this chapter may be nonilluminated, or illuminated by internal light fixtures,
halo illuminated, or have external indirect illumination, unless otherwise specified. All
illuminated signs shall comply with the time limitations of subsection (4) of this section.
(2) Externally Illuminated Signs.
(a) Except as provided in this subsection, externally illuminated signs shall be illuminated
only with steady, stationary, fully shielded light sources directed solely onto the sign without
causing glare. Light shielding shall ensure that the lamp or light source is not visible beyond the
premises and shall further ensure that the light is contained within the sign face.
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Ordinance No. 052-22
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(b) A light fixture mounted above the sign face may be installed with its bottom opening
tilted toward the sign face, provided:
(i) The bottom opening of the light fixture is flat (i.e., it could be covered by a flat
board allowing no light to escape); and
(ii) The uppermost portion of the fixture's opening is located no higher than the
top of the sign face, as shown in Figure 1 below. Light fixtures aimed and installed in this
fashion shall be considered fully shielded.
Figure 1
External Sign Lighting Configurations
Permitted and Prohibited External Sign Lighting Configurations
Allowed
AVlowed
Not Allowed
.............. .......
........
v
U
A
{�
�
�
C
t
Fully Shielded
Fully Shielded
Unshielded
(3) Internally Illuminated Signs.
(a) Internally illuminated signs shall be constructed with an opaque sign face
background with translucent text and symbols and/or logo shields. If the sign owner desires to
have the entire sign face visible at night, an external light source may be used to illuminate the
sign, subject to the illumination standards in this chapter.
(b) In no case may an internally illuminated sign, a digital sign or an electronic message
center sign exceed a light output of 50 nits in a residential zone or 100 nits in a nonresidential
zone during nighttime hours.
(c) Neon sign lighting is allowed in nonresidential zones only and shall not exceed 100
nits per sign face. An example of a neon sign is shown in Figure 2 below.
Figure 2
Neon Sign
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Ordinance No. 052-22
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(4) Time Limitations. All signs over three square feet in area shall be turned off by 11:00
p.m., or when the business closes, whichever is later. Signs subject to time limitations are
required to have functioning and properly adjusted automatic shut-off timers.
SECTION 4. Section 20.132.210 of the Port Orchard Municipal Code is hereby amended
to read as follows:
20.132.210 Freestanding signs.
The installation or modification of a freestanding sign shall require a sign permit unless the
activity related to the sign installation or modification is listed as exempt under POMC
20.132.030. Freestanding signs, as defined in this chapter, include monument signs, pole signs,
and other signs permanently mounted or supported on the ground by posts or braces. No sign
permit shall be issued for a freestanding sign which does not comply with the following
standards:
(1) Number.
(a) The number and type of freestanding signs for single and multiple tenant uses are
derived from the use, zone, location and length of development site frontage as described in
this section.
(b) One freestanding sign is allowed for each site frontage. Flag lot sites with frontage on
a public street are permitted one freestanding sign on the frontage providing primary access to
the site.
(c) Where more than one freestanding sign is proposed on a site with multiple
frontages, a minimum of 60 linear feet shall separate each sign.
(2) Location.
(a) No freestanding sign shall be permitted on any site that does not have street
frontage.
(b) Freestanding signs except subdivision entrance sins. shall be set back a minimum of
five feet from the street -side property line, a minimum of 25 feet from any interior side lot line
and a minimum of 30 feet from any residential zoned property.
(c) No freestanding sign shall be located in the triangular area(s) measured 15 feet by 15
feet where a driveway enters onto a street, or in any other area which may obstruct the vision
of motorists so as to create a safety hazard. The short legs of the triangular area shall be
measured along the site frontage and perpendicular to the site frontage at the intersecting
driveway. Additionally, all signs are subject to the public works standards regarding sight
distances.
(d) A freestanding sign may not be approved in conjunction with a roof -mounted sign, or
where a roof -mounted sign exists.
(3) Height, Support Width, and Area by Freestanding Sign Type.
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(a) Top Mounted Pole Signs.
Figure 8
Ordinance No. 052-22
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Pole Sign
Top mounted pole signs shall meet the following sign area, height, and support width
requirements which shall be based on site frontage:
Maximum Area Maximum Maximum
Site Frontage per Face Height Support Width
< 50 feet 24 square feet 6 feet 40% of sign width
50 — 99 feet 36 square feet 10 feet 40% of sign width
100 feet and over 50 square feet 12 feet 40% of sign width
(b) Pole and Mast Arm Hanging Signs.
Figure 9
Pole and Mast Arm Sign
Pole and mast arm hanging signs shall meet the following sign area, height, and support width
requirements which shall be based on site frontage:
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Maximum Area Maximum
Site Frontage per Face Height
< 50 feet 16 square feet 10 feet
50 —and over 16 square feet 10 feet
(c) Double Post -Mounted Freestanding Sign.
Figure 10
Double Post -Mounted Freestanding Sign
Double post -mounted freestanding signs shall meet the following sign area and height
requirements which shall be based on site frontage:
Maximum Area Maximum
Site Frontage per Face Height
< 50 feet 30 square feet 6 feet
50 —150 feet 42 square feet 7 feet
150 feet and over 56 square feet 8 feet
(d) Monument Freestanding Signs.
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Figure 11
Ordinance No. 052-22
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SUDBURY CROSSING
Monument Freestanding Sign
Monument freestanding signs shall meet the following sign area, base width and height
requirements which shall be based on site frontage:
Maximum Area Maximum Minimum Sign
Site Frontage per Face Height Base Width
< 50 feet 30 square feet 6 feet 100% of sign width
50 — 150 feet 42 square feet 7 feet 100% of sign width
150 feet and over 56 square feet 8 feet 100% of sign width
(e) Subdivision Entrance Signs
Figure 11a
L
Subdivision Entrance Sign
Subdivision Entrance signs shall meet the following sign area and height requirements which
shall be based on the number of entrances to a residential subdivision:
Number of Maximum Maximum Area Maximum Height Minimum Sin
residential number of per Face Base Width
subdivision subdivision
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Ordinance No. 052-22
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entrances entrance signs
1 or more 2 per entrance 100 square feet 5 feet 100% of sign width
Location: The location of subdivision entrance signs shall be subiect to the approval of the
building official: no portion of a subdivision identification sign shall be within a public dght-of-
way or public easement. except where authorized by a street -use permit granted by City
Council. Subdivision entrance signs shall be located on a separate tract, not on a resultant Lot of
the residential subdivision, within 50 feet of the adjacent street centerline intersection, at least
five feet from an adjacent right-of-way, and satisfy sight visibility standards.
(4) Design Requirements.
(a) Freestanding signs shall be of a style, material, and design compatible with the
associated building.
signs.
(b) Berming shall not be used to exceed the maximum allowable height of freestanding
(c) For monument signs or signs surrounded by a framework, the area of the
surrounding structure shall not exceed the allowable sign area by more than 20 percent.
(d) Freestanding signs should be sited so that they integrate with the location of street
trees and other site landscaping, and to avoid obscuring the view of adjacent freestanding
signs.
(e) Landscaping at the base of a freestanding sign is required, providing a landscaped
area equal to square footage of one face of the freestanding sign; however, this provision does
not apply to temporary freestanding signs.
(f) If a sign is proposed in a landscaped area, either an existing landscaped area or
required landscaping for new development, the sign shall be compatible with the existing or
proposed landscaping, and shall be shown on the landscaping plan if applicable.
Figure 12
Landscaped Monument Freestanding Sign
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Ordinance No. 052-22
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Figure 13
Landscaped Pole and Mast Arm Hanging Freestanding Sign
SECTION 5. Section 20.132.290 of the Port Orchard Municipal Code is hereby amended
to read as follows:
20.132.290 Definitions.
The words and phrases used in this section shall be construed as defined in this chapter, unless
the context clearly appears otherwise. Unless specifically defined in this section, the definitions
set forth in other provisions of this code shall likewise apply to this chapter.
"A//
"Abandoned sign" means a sign, the face of which has been removed or is broken and is not
refaced within 180 days thereafter. Abandoned signs shall also include signs with rusted, faded,
peeled, cracked or otherwise deteriorated materials or finishes that have not been repaired
within 90 days after the city provides notice of the sign's deteriorated condition under the city's
enforcement chapter (Chapter 20.02 POMC).
"Accessory sign" means a permanent, freestanding sign of limited height and size that provides
supplemental opportunity for freestanding signage on a site.
"Aerial sign" means a freefloating balloon, kite or similar object not directly secured to property
within the city.
"A -frame sign" means signs capable of standing without support or attachment. See also
"portable sign."
"Alter" means to change the copy, color, size, shape, illumination, position, location,
construction or supporting structure of a sign, not including ordinary maintenance.
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"Area of a sign" means the smallest square, rectangle, parallelogram or circle that will enclose
the extreme limits of writing, representation, logo, or any figure of similar character, together
with any frame, background area, structural trim, or other materials or color forming an
integral part of the display or used to differentiate such sign from the background against which
it is placed. The supports or uprights on which any such sign is supported shall not be included
in determining the sign area. The area of signs with two faces shall be considered to be the area
of the largest face. The area of signs with three or more faces shall be considered to be the area
of the largest face or one-half the area of all of the faces, whichever is less.
"Awning or canopy sign" means a sign affixed to or imprinted on an attached shelter composed
of nonrigid materials such as an awning or a permanent architectural projection or composed
of nonrigid materials on a supporting framework, affixed to the exterior wall of a building or
extending over a door, entrance, window or outdoor service area. This definition does not apply
to gas station canopies and similar permanent, rigid structures, which shall be regulated in the
same manner as other buildings according to zoning and land use requirements.
"Business activity" means an enterprise offering goods, services, or other consideration to the
public, in legal occupancy of a site or of a specific portion of a site and under separate and
distinct management from any other enterprise located on the same site.
"Business frontage" means the horizontal dimensions of a building or individual business
elevation measured at ground level.
„C„
Canopy or Awning Sign. See definition under "awning or canopy sign."
"Changeable copy sign" means a sign or portion thereof which is designed to have its message
or copy readily changed manually or by remote or automatic means without altering or
replacing the face or surface. Changeable copy signs support hard -copy text or graphics and do
not use digital or electronic text or images.
M
"Digital sign" means a changeable copy sign with monochrome LED (light emitting diodes) text,
graphics or symbols over a black, nonilluminated background.
"E//
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Ordinance No. 052-22
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"Electronic message center sign" means an electrically activated changeable copy sign having
variable message and/or graphic presentation capability that can be electronically programmed
by computer or handheld device from a remote location. EMC signs typically use light emitting
diodes (LEDs) or liquid crystal display (LCD) as a lighting source.
"Elevation" means the visible vertical plane of the side of a building from ground level to the
roof line.
"Elevation, primary" means the side of a building directly abutting either a street or a parking
area. A business owner may choose which elevation is considered the primary elevation, except
that in a multitenant building, the elevation which is contiguous to other businesses shall be the
primary elevation.
"Elevation, secondary" means any elevation of a building not determined to be a primary
elevation.
„F„
"Facade" means the elevation of a building extending from the ground level up to the bottom
of the fascia on a pitched roof building, and up to the top of the wall or parapet on a flat roof
building. The area of a facade for purposes of calculating allowable wall signage includes the
area of the windows and doors but excludes openings that do not have solid coverings, such as
breezeways, colonnades and gateways that extend to the backside of the building.
"Face" means the area enclosed within a perimeter consisting of a series of straight lines at
right angles enclosing the extreme limits of characters, lettering, logos, illustration or
ornamentation, together with any material or color as to differentiate the sign from the
background material on which it is placed.
"Fascia" means an architectural term for a vertical frieze or board under a roof edge or which
forms the outer surface of a cornice, visible to an observer.
"Feather sign" means a freestanding type of attention -getting device that resembles a sail
made of fabric or nylon affixed to a single lightweight pole used for promotional or advertising
purposes.
"Flag" means a flat piece of cloth, with distinctive colors, patterns or symbols, having one end
of the cloth attached to a vertical staff (directly or by rope and pulley mechanism) and all other
ends freeflowing under natural movement of wind.
"Flag canopy" means a line of flags, or a series of lines of flags, suspended above a site.
"Flashing sign" means an electric sign or portion thereof, except electronic message center
signs, which changes light intensity in a sudden transitory burst, or which switches on and off in
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a constant pattern in which more than one-third of the nonconstant light source is off at any
one time.
"Freestanding sign" means any sign which is supported by a solid base, posts, poles or braces
located in or upon the ground, and which is independent from any building or other structure.
"Freeway" means a limited access highway, state route or interstate.
"Freeway oriented sign" means a sign within 150 feet of a freeway right-of-way that has its sign
face parallel to, perpendicular to, angled toward, or otherwise readable from the freeway right-
of-way.
"Frontage" means the property line of an individual lot, tract or parcel that abuts a public or
private street right-of-way, excluding alleys and private driveways. The number of frontages on
a lot is the same as the number of public or private street rights -of -way that the lot abuts.
„G„
"Gross leasable space" means area of a single leasable space, regardless of the number of
tenants or leases within the space.
15
"Halo illuminate" means a light source placed behind totally opaque letters or symbols so that
the light reflects off the wall or background to which the letters or symbols are mounted, rather
than emanating through the letters or symbols, creating a halo effect that leaves the letters or
symbols viewable in silhouette form only.
"Height of sign" means the overall height of the sign above grade directly below or at the base
of the sign.
„I„
"Illegal sign" means a sign which does not conform to the requirements and standards of this
chapter and which does not meet the criteria of a nonconforming sign as defined in this
definitions section.
"Integrated development site" means any commercial or noncommercial development site,
regardless of the number of lots or individual tenants, that is developed with common parking,
layout, architecture or design features.
"Item of information" means a word, figure, logo, abbreviation or other symbolic
representation.
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„L„
"Logo" means a design of letters, colors or symbols used as a trademark or for identification in
lieu of, or in conjunction with, other signs.
"Logo shield" means a logo contained within an area no greater than four square feet,
incorporated into a larger sign face or designed as an individual sign or component of a sign
containing individually mounted sign graphics.
"Lot line" means a line that separates two lots.
"Luminance" means the photometric quality most closely associated with the perception of
brightness. Luminance is measured in candelas per square meters or "nits."
„M„
"Mansard" means a roof with two slopes on each side of the four sides, the lower steeper than
the upper.
"Master sign plan" means a coordinated sign plan which includes the details of all signs (not
including exempt or temporary signs) which are or will be placed on a site.
"Monument sign" means a freestanding low profile sign with the sign width greater than the
sign height and designed with a solid base and background.
"Motion" means the depiction of movement or change of position of text, images or graphics.
Motion shall include, but not be limited to, visual effects such as dissolving and fading text and
images, running sequential text, graphic bursts, lighting that resembles zooming, twinkling or
sparkling, changes in light or color, transitory bursts of light intensity, moving patterns or bands
of light, expanding or contracting shapes and similar actions.
"Multitenant development" means a development consisting of three or more leasable spaces.
„N„
"Natural grade" means the topographic condition or elevation of a site or portion of a site over
the past five years, or the finished grade of an approved site development plan. Changes to
grade or elevation resulting from fill, mounding or berming within five years preceding any
requested permit other than a site development plan shall not be considered natural grade for
permitting purposes.
"Neon sign" means a sign with illumination affected by a light source consisting of a neon or
other gas tube which is bent to form letters, symbols or other shapes.
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"Nighttime hours" means from one-half hour before sunset to one-half hour after sunrise.
"Nits" means a unit of measure of brightness or luminance. One nit is equal to one
candela/square meter.
"Nonconforming sign" means any sign, which at one time conformed to all applicable
requirements and standards of this chapter, including all permit requirements, but which
subsequently ceased to so conform due to changes in such requirements and standards.
"Nonresidential zone" means, in the context of this chapter, any zone that does not include
residential dwelling units except for mixed use zoning districts where residential units are
located above or behind nonresidential uses and the ground floor streetscape is characterized
by commercial and other nonresidential uses.
M
"Opaque" means a material that does not transmit light from an internal illumination source.
„P„
"Painted sign" means a sign painted directly on a building or on material which is then attached
to a building. See also "wall sign."
"Pan -channel" means a sign graphic that is constructed of a three -sided metal channel, usually
having a light source contained within the channel. The open side may face inward, resulting in
silhouette lighting, or it may face outward to allow full illumination. The open side of the
channel may be enclosed with a translucent material.
"Parapet" means a protective wall or barrier projecting above any canopy, balcony or roof.
"Permanent sign" means a sign constructed of weather resistant material and intended for
permanent use and that does not otherwise meet the definition of "temporary sign." Wall -
mounted sign holders designed for insertion of signs and posters shall be considered
permanent signage and subject to all standards of this chapter.
"Pole sign" means a sign mounted on a pole that is permanently inserted into or affixed to the
ground.
"Portable sign" means a freestanding sign that is readily moveable and not permanently affixed
to the ground, including A -frame or sandwich board signs, pole signs mounted on weighted
bases, and similar signs that are used on more than a temporary basis.
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"Projecting sign" or "projection sign" means a sign attached to a building with the face not
parallel to the vertical surface of the building. Projecting signs include signs projecting directly
from walls, or signs hanging from porch ceilings or other support structures.
„R„
"Raceway" means a box -type conduit to house electrical wires for signs and used to support
and/or affix signage on a wall.
"Right-of-way" is the strip of land platted, dedicated, condemned, established by prescription
or otherwise legally established for the use of pedestrians, vehicles and/or utilities.
"Roadway" means that portion of the street improved, designed, or ordinarily used for
vehicular travel and parking, exclusive of the sidewalks and shoulder. Where there are curbs,
the roadway is the curb -to -curb width of the street.
"Roof line" means the uppermost edge of the roof or the top of the parapet, excluding
mechanical equipment screens, whichever is highest. Where a building has several roof levels,
the roof line shall be the one belonging to that portion of the building on which the sign is
located.
"Roof -mounted sign" means a sign which has a point of attachment to the roof or mansard of a
building. Architectural projections, including mechanical equipment screens, above any parapet
or roof line whose sole function is a background for signs shall be considered a sign structure. A
sign on such an architectural projection shall be considered a roof sign.
„S„
Sandwich Board Sign. See "A -frame sign" definition.
"Service island sign" means a permanent sign displayed on the service island canopy of a gas
station, bank, carwash, or other use that provides a canopy cover for vehicles. Service island
signs are not the same as awning or canopy signs as otherwise defined by this chapter.
"Sign" means letters, figures, symbols, trademarks, or logos, with or without illumination,
intended to identify any place, subject, person, firm, business, product, article, merchandise or
point of sale. A sign also includes balloons attached to sign structures, products, streamers,
spinners, pennants, flags, inflatables or similar devices intended to attract attention to a site or
business, as well as architectural or structural forms, illuminated panels, spandrels, awnings and
other structural or architectural features not common to classic vernacular or noncorporate
regional architecture and that are intended to convey a brand, message or otherwise advertise
a location or product, whether or not such features include text or graphics and whether or not
they serve other practical purposes such as lighting, covering or enclosure of persons or
DocuSign Envelope ID: 2836291B-FAK-40D3-B222-1BC23EDOAB3B
Ordinance No. 052-22
Page 17 of 19
products. A sign includes any device which streams, televises or otherwise conveys electronic
visual messages, pictures, videos or images, with or without sound or odors. Refer to POW
20.132.040, Prohibited signs, for a list of prohibited signs.
"Signable area" means the area of the largest rectangular portion of a face of a building to
which a sign is affixed or proposed to be affixed, which can be included within parallel, vertical
and horizontal lines uninterrupted by significant architectural features of the building.
"Sign walker" means a sign carried by a person.
"Site" means a unit of land, together with all improvements thereon, determined as follows:
(1) A unit of land which may be conveyed separately from any and all adjacent land
without the requirement of approval of a boundary line adjustment, short plat or a preliminary
plat.
(2) Two or more buildings or business activities that are or will be related to each other
physically or architecturally, such as by sharing off-street parking facilities, so as to form an
integrated development, such as a shopping center, industrial park, or office complex.
"Spandrel" means a panel or box -type structure that spans between and/or is connected to the
support columns of a porch, colonnade or canopy, usually for architectural embellishment
and/or signage purposes.
"Special event sign or temporary sign" means signs or advertising displays or a combination
thereof which advertise or attract public attention to a special one-time event, including but
not limited to the opening of a building or business activity, the sale of goods and services at
discounted or otherwise especially advantageous prices, or similar event.
"Static" means without motion.
"Story" means that portion of a building included between the upper surface of a floor and the
upper surface of the floor or ceiling next above.
"Subdivision entrance sign" means a free-standing sign located at an entrance of a residential
subdivision.
"Suspended sign" means a sign mounted above a sidewalk adjacent to a business, affixed to a
beam, overhang, roof or other fixture that is an integral part of a building.
„T„
"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
DocuSign Envelope ID: 2836291B-FAK-40D3-B222-1BC23EDOAB3B
Ordinance No. 052-22
Page 18 of 19
limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board,
vinyl canvas or vinyl mesh products of less than 20-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 20.132.270, 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. If 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.
"Tenant space" means the entire building which encompasses a building or use on a site; or in
buildings designed for multitenant occupancy, it is the space between demising walls and which
has an independent entrance to common corridors or to the outside. Portions of tenant spaces
that are sublet to or otherwise allowed to be used by persons or businesses other than the
principal person or business of a tenant space are not considered tenant spaces in the context
of this chapter.
„U„
"Unshielded lighting" means an external illumination source which is exposed to view from a
publicly accessible area.
„W„
"Wall sign" means a sign which is attached parallel to or painted on a wall, including parapet or
canopy fascia, or a building.
"Width of sign" means the total horizontal dimension of a sign, including all frames or
structures.
"Window" means the entire window unit including individual sashes or panes that might
otherwise divide the area between the head, jamb and sill; except that in commercial
storefront window assemblies, a single "window" is the glass area between each mullion that
divides the window assembly, whether installed as a single piece of glass or as multiple pieces
of glass divided by muntins.
"Window sign" means a sign that is attached to or is intended to be seen in, on or through a
window of a building and is visible from the exterior of the window.
DocuSign Envelope ID: 2836291B-FAK-40D3-B222-1BC23EDOAB3B
Ordinance No. 052-22
Page 19of19
SECTION 6. 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 7. 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 8. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 9. 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 and
attested by the Clerk in authentication of such passage this 13t" day of December 2022.
ATTEST:
DocuSigned by:
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Robert Putaansuu, Mayor
SPONSOR:
DocuSigned by:
Brandy Wallace, MMC, City Clerk Scott Diener, Councilmember
APPROVED AS TO FORM:
DocuSigned by:
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Charlotte A. Archer, City Attorney
PUBLISHED: January 20, 2023
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EFFECTIVE DATE: January 25, 2023
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