012-15 - Ordinance - Relating to Land Use and ZoningIntroduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Reviewed by: City Attorney
Introduced: August 11, 2015
Adopted: August 11, 2015
ORDINANCE NO. 012-15
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, RELATING TO LAND USE AND ZONING,
ADOPTING AN INTERIM ZONING ORDINANCE REPEALING
THE PROHIBITION ON ROOF MOUNTED SIGNS IN THE
COMMUNITY FACILITIES ZONE, AND ADOPTING
DEVELOPMENT STANDARDS FOR SUCH ROOF MOUNTED
SIGNS, TO BE IN EFFECT UNTIL THE CITY ADOPTS
"PERMANENT" ZONING REGULATIONS ON THE SAME
SUBJECT, THIS INTERIM ORDINANCE TO BE EFFECTIVE
IMMEDIATELY, SETTING SIX MONTHS AS THE EFFECTIVE
PERIOD OF THE INTERIM ZONING ORDINANCE, AND
ESTABLISHING THE DATE OF A PUBLIC HEARING ON THE
INTERIM ZONING ORDINANCE.
WHEREAS, the United States Supreme Court recently invalidated a sign
ordinance on the grounds that it was "content -based" (Reed v. Town of Gilbert, 135
S.Ct. 2218 (decided June 18, 2015) and
WHEREAS, the City staff is currently working on a new sign code to address the
Supreme Court's directive that the sign code be "content -neutral;" and
WHEREAS, until the City staff presents the Council with the new sign code, the
Council is interested in changing the City's existing sign regulations to allow roof -
mounted signs (which are currently prohibited under Port Orchard Municipal Code
Section 16.65.020(10); and
WHEREAS, the City Council does not believe there to be any negative impacts
associated with allowing roof -mounted signs in the Community Facilities zone; and
WHEREAS, Section 36.7oA.390 of the Revised Code of Washington authorizes
the City Council to adopt an interim zoning ordinance for a period of up to six months
provided that a public hearing is held within at least sixty days of its adoption; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES ORDAIN AS
FOLLOWS:
Section 1. Section 16.65.020 of the Port Orchard Municipal Code is hereby
amended to read as follows:
16.65.020 Signs prohibited.
prohibited in the city:
NO 021M :M
The following types of signs are
{0} 10 Signs that obstruct vision or which the building official
determines to be a safety hazard for pedestrian or vehicular traffic. Such
signs may be removed if they already exist.
42} 11 Signs containing statements, words or pictures of an obscene
character;
43- 12 Signs which do not conform in structure or material to
International Building Code and/or Uniform Sign Code;
444 fi3) Flashing signs or lights facing public property;
454 L141 Signs emitting pollutants. Any sign that emits audible
sound, odor or visible matter;
{W L1,91 Signs located in or on public right-of-way or public property,
with the following exceptions: (a) signs that are attached to the
downtown marquee and sandwich/sidewalk signs which meet the city
standards for the downtown business core area signs pursuant to
Resolution No. 1884;
"_(16) Billboard signs;
484 L171 Off -premises signs except as specifically permitted in this
chapter.
Section 2. A new section 16.65.115 is hereby added to the Port Orchard Municipal
Code, which shall read as follows:
16.65.115 Roof Mounted Signs.
N
A. Definition: A Roof -Mounted sign has a point of attachment to the
roof 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.
B. Number. No more than 1 roof mounted sign shall be allowed for
each building.
C. Area. Roof Signs shall not exceed go square feet.
D. Location. Roof signs are permitted on the slope of peaked/sloped
roof buildings only such that the sign does not project above the roof peak
or break the silhouette of the building as viewed from the front of the sign
face. Roof mounted signs shall be installed so that the structural supports
of the sign are minimized. Angle irons, guy wires, braces or other
secondary supports shall appear to be an integral part of the roof or roof
sign.
E. Height: The top of the roof sign shall not exceed 25 feet above the
adjacent grade.
F. Zone. Roof -Mounted signs shall only be allowed in the Community
Facilities Zone.
3
Section 3. Purpose. The purpose of this Interim Zoning Ordinance is to allow the City
to consider and process applications for roof -mounted signs during the interim period
until the City drafts and considers a new "permanent" or interim zoning ordinance
adopting comprehensive sign regulations for the City and repealing the existing sign
regulations. The City will consider adoption and enforcement of such an ordinance
during the next six months, while this Interim Zoning Ordinance is in effect.
Section A. Interim Ordinance Adopted. This Interim Ordinance is immediately
adopted for a period of six months in order to provide the City adequate time to:
A. Review a new interim or "permanent" zoning ordinance to regulate signs
on a comprehensive basis. This work has already begun, and City staff expects to at
least have an interim sign code to the Council by the end of September for adoption.
The draft of the interim sign code does not include a prohibition on roof -mounted signs,
so this Interim Zoning Ordinance is consistent with the City staff s first draft.
B. During the interim period, the City expects to hold a public hearing(s) on
the draft ordinances, obtain public input on such ordinances, allow the Planning
Commission to make recommendations to the City Council, for the City Council to
review the draft ordinance and, if desired, to adopt new regulations on signs. This work
will begin immediately after the activities described in A and B are complete.
Section 5. Effect of Interim Zoning Ordinance. This Interim Zoning Ordinance will
allow the City, during the next six months, to accept applications for Roof -Mounted
signs in the Community Facilities zone and to process them under the regulations in this
ordinance. Those applications conforming to the regulations in this ordinance may be
approved and those that are not consistent with this ordinance may be denied. Issuance
of permits and/or appeals of any decisions under this Interim Zoning Ordinance shall
proceed in the same manner as any other decision on a sign permit application under
chapter 16.65 POMC.
Section 6. Duration of Interim Zoning Ordinance. This Interim Zoning Ordinance
shall be immediately effective upon adoption. As long as the City holds a public hearing
on the Interim Zoning Ordinance and adopts findings and conclusions in support of the
Interim Zoning Ordinance (as contemplated by Section 6 herein), the Interim Zoning
Ordinance shall not terminate until six (6) months after the date of adoption, unless
repealed earlier by the Council, or at the time when all of the events described in Section
3 have been accomplished, whichever is sooner.
Section 7. Public Hearing on Interim Zoning Ordinance. Pursuant to RCW
36.7oA.390 and RCW 35.63.200, the City Council shall hold a public hearing on this
interim zoning ordinance within sixty (6o) days of its adoption, or before October 12,
2015. During the next Council meeting immediately following the public hearing, the
City Council shall adopt findings of fact on the subject of this interim zoning ordinance
and either justify its continued imposition or repeal this ordinance.
Section 8. Declaration of Emergency. The City Council hereby declares that an
emergency exists necessitating that this interim zoning ordinance take effect
immediately upon passage by a majority vote plus one of the whole membership of the
Council, and that the same is not subject to a referendum. If this interim zoning
ordinance is not adopted immediately, applications for Roof Mounted Signs in the
Community Facilities zone may be denied under the City's existing sign regulations.
Therefore, the interim zoning ordinance must be adopted immediately as an emergency
measure to protect the public health, safety and welfare, and to allow the submission of
applications to the City for these signs in the Community Facilities zone prior to the
adoption of the interim sign code.
Sectiong. 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 io. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section ii. Effective Date. This Ordinance shall take effect and be in full force
immediately upon passage, having received the vote of a majority plus one of the entire
Council.)
PASSED by the City Council of the City of Port Orchard this 11 �Zday of 1)06'�'5*T
2015.
Timothy C. Matthes, Mayor
ATTEST:
B a y nearson, CMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
— I lIt " a�a�
Carol Morris, City Attorney ,%`QORT.ORCg1� Ashby, Councilmem
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NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held August 11, 2015.
ORDINANCE NO.012-15
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO LAND USE AND
ZONING, ADOPTING AN INTERIM ZONING ORDINANCE REPEALING THE PROHIBITION ON ROOF
MOUNTED SIGNS IN THE COMMUNITY FACILITIES ZONE, AND ADOPTING DEVELOPMENT
STANDARDS FOR SUCH ROOF MOUNTED SIGNS, TO BE IN EFFECT UNTIL THE CITY ADOPTS
"PERMANENT" ZONING REGULATIONS ON THE SAME SUBJECT, THIS INTERIM ORDINANCE TO
BE EFFECTIVE IMMEDIATELY, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM
ZONING ORDINANCE, AND ESTABLISHING THE DATE OF A PUBLIC HEARING ON THE INTERIM
ZONING ORDINANCE.
Copies of Ordinance No. 012-15 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 012-15 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: August 21, 2015