1924 - Ordinance - Repealing Ordinance 1762 and Modifying Standards for SignsORDINANCE NO. 1924
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, REPEALING ORDINANCE NO. 1762 AND
MODIFYING STANDARDS FOR THE STRUCTURAL DESIGN,
PLACEMENT, SIZE, AND MAINTENANCE OF ALL SIGNS AND SIGN
STRUCTURES IN THE CITY.
WHEREAS, it is the purpose of the regulations, standards, and criteria of this
ordinance to permit and encourage the design of signs which is responsive to the needs of the
public in locating a business establishment by identification, address, and product and/or
service information.
WHEREAS, the rapid economic development of the city has resulted in a great
increase in the number of businesses located in the city, with marked increase in the number
and size of signs related to those businesses. This proliferation of signs has resulted in a
reduced effectiveness of individual signs. As the number, size, and intensity of signs increase
without regard to quality and placement, the impact of the individual sign is diminished.
WHEREAS, lack of control of signs may cause potentially dangerous conflicts
between advertising signs and traffic control signs, thus destroying the effectiveness of both.
The great increase in automobile traffic experienced within the city has greatly aggravated this
situation.
WHEREAS, the uncontrolled use of signs and their shapes, motion, colors,
illumination, and their insistent and distracting demand for attention can be injurious to
property values of both business and residential areas of the city and may seriously detract
from the enjoyment and pleasure of the natural beauty of the city.
WHEREAS, it is recognized that businesses have a need to identify themselves
and that this contributes to the economic well being of the community. However, it is felt that
this need can be exercised in such a way as to bring benefit to the public without adversely
affecting the economic welfare of businesses. The responsible regulation of signs may, in fact,
improve business opportunity as a result of the increased attractiveness of the city's
environment, now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. A revised chapter within the Port Orchard Municipal Code is
created to provide standards for the structural design, placement, size, and maintenance of all
signs and sign structures within the city.
SECTION 2. Definitions. For the purpose of this ordinance, the following
definitions shall apply unless the context for meaning clearly indicates otherwise:
Ordinance No. 1924
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(1) "Abandoned sign" means a sign no longer identifies or advertises a bona
fide business, lessor, service, owner, product, or activity, or for which no legal
owner can be found.
(2) "A -Board sign" see "Sandwich board/sidewalk sign."
(3) "Awning sign" means the use of an awning attached to a building for
advertisement, identification, or promotional purposes, provided that only that
portion of the awning which bears graphics, symbols, and/or written copy shall
be construed as being a sign.
(4) "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.
(5) "Building Official" as defined by the Uniform Building Code or his
designated representative and/or the Code Enforcement Officer.
(6) "Changeable copy sign" means a sign whose information content can be
changed or altered (without changes of altering the sign frame, sign supports or
electrical parts) by manual of electric. A sign on which the message changes
more than 8 times within a day is considered an electronic message sign.
(7) "Comprehensive design plan" means the integration into one architectural
design of the building, landscaping, and signs.
(8) "Clearance of a sign" means the smallest vertical distance between the
grade of the adjacent street or street curb and the lowest point of any sign,
including framework and embellishments, extending over that grade.
(9) "Directional sign" means a single -faced or double-faced sign not
exceeding two feet x three feet (six square feet) in surface area per side
designed to guide or direct pedestrian or vehicular traffic to an area, place, or
convenience on the premises upon which the sign is located, i.e., entrance and
exit signs and/or other similarly worded signs when used for the sole purpose of
controlling mobile and pedestrian traffic.
(10) "Double-faced sign" means a sign that also has advertising copy on the
opposite side of a single display surface or sign structure.
(11) "Electrical sign" means a sign structure in which electrical wiring,
connections, or fixtures are used.
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(12) "Electronic message sign" means a sign designed to allow changes in the
sign graphics electronically. Message must remain visible for 5 seconds before a
new message appears.
(13) "Entry way sign" means a city -owned sign designed to advertise the city
and aspects of the city, to include, but not limited to, public buildings, activities,
and businesses.
(14) "Facade" means the entire building front or street wall face, including
grade, to the top of the parapet or eaves and the entire width of the building
elevation.
(15) "Flashing sign" means a sign or a portion thereof which changes light
intensity or switches on and off in a constant, random, or irregular pattern or
contains motion or the optical illusion of motion by use of electrical energy.
Electronic message signs shall not be considered flashing signs.
(16) "Freestanding sign" means a permanent pole, ground, or monument sign
attached to the ground and supported by uprights or braces placed on or in the
ground and not attached to any building.
(17) "Gas station price sign" means a sign advertising the price of motor fuel
and contains no other business or product advertising other than the business
logo.
(18) "Ground sign," means a freestanding sign that is less than five feet in
height.
(19) "Incidental sign" means a small sign, emblem, or decal informing the
public of goods, facilities, or services available on the premises, e.g., a credit
card sign or a sign indicating hours of business. Such signs shall not exceed 12"
x 18" in size.
(20) "Indirect lighting" means lighting displayed or reflected on the surface or
face of a sign, which is not inside the sign and not a part of the sign proper.
(21) "Logo" means an identifying emblem or insignia containing sign graphics,
symbols, or colors typically used for identification and/or advertisement.
(22) "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 a component of a sign containing individually mounted sign graphics.
(23) "Marquee"
(a) A permanent roof -like structure or canopy of rigid material
supported by and extending from the facade of a building.
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(b) The "Downtown Marquee" is located at the 700 and 800 blocks of
Bay Street and adjacent streets and was constructed with the city
L.I.D. 65.
(24) "Monument sign" means a permanent freestanding sign, which is
attached to the ground by means of a wide base.
(25) "Multiple occupancy complex" means a group of structures each housing
at least one retail business, office, or commercial venture or a single structure
containing more than one separate business entity.
(26) "Mural" means art renderings on exterior walls that does not advertise a
business, product, service, or activity.
(27) "Off -premises sign" means an outdoor advertising, informational,
directional, or identification sign, which relates to products, businesses, services,
or premises not located on or otherwise directly associated with the site on
which the sign is erected.
(28) "Pole sign" means any freestanding sign more than five feet in height
that does not meet the definition of monument, ground, or portable sign. These
signs are composed of the sign cabinet or base and the sign pole or pylon by
which it connects to the ground.
(29) "Political sign" means any sign intended to promote an individual or an
issue on an election ballot to be voted upon by the Port Orchard general
electorate.
(30) "Portable sign" means any sign, which is designed to be periodically,
transported either manually, on a vehicle, or on its own wheels, and which is not
designed to be permanently affixed to the ground or to a structure. The removal
of the wheels from such a sign, or the attachment of such a sign temporarily or
permanently to the ground or to a structure, does not, by itself, change the
inherent portability, which was part of the original design of the sign and does
not exempt it from this definition.
(31) 'Projecting sign" means a sign, other than a flat wall sign, which is
attached to and projects 12 inches or more from a building wall or other
structure not specifically designed to support the sign.
(32) 'Reader board" means a sign or a part of a sign on which the letters are
readily replaceable such that the copy can be changed from time -to -time at will.
(33) 'Real estate sign" means a sign erected by the owner or his agent
advertising the real estate upon which the sign is located for rent, lease, or sale
or directing interested parties to said property.
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(34) 'Roof sign" means any sign erected on or supported be the roof of a
building.
(35) "Sandwich board/sidewalk sign" means a portable sign consisting of two
sign faces hinged at the top and separated at the bottom to make it self -
standing.
(36) "Seasonal decoration" means temporary decorations for holidays which
do not fall under the definition of a sign and which are installed no sooner than
30 days before a holiday and removed no later than 10 days after the holiday.
Decorations, which fall under the definition of a sign, must conform to all
provisions of the sign code.
(37) "Shoreline Jurisdiction" means any business located within 200 feet of the
shoreline is subjected to the rules and regulations of the City of Port Orchard's
Shoreline Master Program.
(38) "Sign" means any visual communication device, structure, fixture,
placard, painted surface, awning, banner, or balloon using graphics, lights,
symbols, and/or written copy designed specifically for the purpose of advertising,
identifying, or promoting the interest of any person, institution, business, event,
product, goods, or services provided that same is visible from any public right-of-
way or waterway.
(39) "Sign area" means the entire area of a sign. Sign structure, architectural
embellishments, filigree, framework, and decorative features, which contain no
written or advertising copy, shall not be included. Sign area shall be calculated
by measuring the perimeter enclosing the extreme limits of the module or
background containing the advertising, graphics, or identifying message,
provided that individual letters using a wall as a background, without added
decoration or change in wall color, shall have a sign area calculated by
measuring the perimeter enclosing each letter and totaling the square footage
thereof. For double-faced signs, total sign area shall be calculated by measuring
only one face.
(40) "Sign height" means the vertical distance from the base of the sign,
including its supporting columns, to the highest point of a sign or any vertical
projection thereof.
(41) "Street frontage" means the length of the property line along any public
right-of-way on which it borders.
(42) "Temporary or special event sign" means a nonpermanent sign intended
for use for a short period of time, including banners, pennants, or advertising
displays constructed of canvas, fabric, wood, plastic, cardboard, or wallboard
Ordinance No. 1924
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with or without frame. Signs in this category include signs painted on exterior
window surfaces, which are readily removed by washing, and signs referred to in
Section 19.
(43) "Video billboard" means any billboard or other outdoor sign, which uses
television, computer projections, or other similar technology to project images to
the public.
(44) "Wall frontage" means the length of an outside building wall on a public
right-of-way.
(45) "Wall sign" means a sign attached, painted onto, or erected parallel to
and extended not more than one foot from the facade or face of any building to
which it is attached and supported throughout its entire length, with the exposed
face of the sign parallel to the plane of said wall or facade. It is not to extend
above the lowest point of a roof surface or the top of the building parapet or
which is higher.
SECTION 3. Signs Prohibited. The following types of signs are prohibited in
the city:
(1) Portable reader board signs.
(2) Signs that create a safety hazard for pedestrians or motorists, as
determined by the police chief or building official.
(3) Signs imitating or resembling official traffic or government signs or
signals, as determined by the building official or police chief.
(4) Signs attached to trees, utility poles, streetlights, rocks, or other natural
features.
(5) Signs placed on vehicles or trailers, which are parked or located on
publicly, owned property for the primary purpose of displaying said sign. This
does not apply to signs or lettering on buses and taxis or vehicles, which are
advertising themselves for sale.
(6) Rotating signs.
(7) Displays for more than 30 consecutive days of banners, clusters of flags,
posters, pennants, ribbons, streamers, strings of lights, spinners, twirlers, or
propellers, flashing, rotating, or blinking lights, flares, balloons or inflated signs
over 24 inches in diameter, and similar devices of a carnival nature are permitted
on a limited basis pursuant to Section 17. The same displays as described above
can only be on the same property three times a year with a minimum of 30
calendar days between each time the displays are erected. (See also Section 17)
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(8) Searchlights and beacons, unless otherwise approved by conditions
pursuant to Section 17.
(9) Video billboards.
(10) Roof signs.
(11) Signs that obstruct vision or which the building official determines to be a
safety hazard for pedestrian or vehicular traffic. Such sign may be removed if
they already exist.
(12) Signs containing statements, words, and pictures of an obscene
character.
(13) Signs which do not conform in structure or material to Uniform Building
Codes and/or Uniform Sign Code.
(14) Flashing signs or lights facing public property.
(15) Signs emitting pollutants. Any sign that emits audible sound, odor, or
visible matter.
(16) 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 in pursuant to Resolution No.
1884.
(b) Public transportation and city -owned signs.
(c) Signs specifically approved by the city council.
SECTION 4. Signs Not Requiring Permits. The following types of signs are
exempted from obtaining a sign permit, but must be in conformance with all other requirements
of this ordinance:
(1) Real estate signs meeting the requirements of subsections (1), (2), (3)
and 4 of Section 15.
(2) Political signs meeting the requirements of Section 16.
(3) Temporary and special event signs meeting the requirements of Section
17.
Ordinance No. 1924
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(4) Non -electric signs not exceeding three square feet per face which are
limited in content to the name of occupant and address of the premises in
residential zones.
(5) On -premises directional signs, not exceeding six square feet per face, the
sole purpose of which is to provide for vehicular and pedestrian traffic direction,
limited to one sign per ingress and one sign per egress.
(6) Regulatory, informational, identification, or directional signs installed by
or at the direction of a government entity.
(7) Signs required by law.
(8) Official public notices, official court notices, or official sheriffs notices.
(9) One off -premises identification sign, not exceeding three square feet per
face, for any fraternal, civic, or religious organization with an established
operation in the city, which must be placed on a common sign base approved by
city.
(10) Signs or displays not visible from streets, ways, sidewalks, or parking
areas open to the public.
(11) The flag of government or noncommercial institutions, such as schools.
(12) Point -of -purchase advertising displays, such as product dispensers.
(13) "No trespassing", "no dumping", "no parking", "private" and other
informational warning signs which shall not exceed six square feet in surface
area.
(14) Structures intended for separate use such as phone booths and recycling
containers.
(15) Reasonable seasonal decorations within the appropriate holiday season or
civic festival season meeting requirements under Section 2 (35).
(16) Sculptures, fountains, mosaics, murals, and design features which do not
incorporate advertising or identification.
(17) All signs which are wholly within the interior portion of a building,
including interior window signs, provided that such signs shall not be in one of
the categories prohibited by Section 3.
(18) Signs located on the interior sides of sports field fencing
Ordinance No. 1924
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(19) Garage sale signs.
SECTION S. Permit Required. No sign, except for those exempted in this
ordinance, 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 the 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.
In cases where a new business has moved into a building with existing signage, any re -facing
or re -painting over an existing sign for the purposes of a new business requires a sign permit.
SECTION 6. Application for Permits. Applications for sign permits shall be
made to the building official upon forms provided by the city. Such applications shall require:
(1) Name, address, and telephone number of the sign owner.
(2) Street address or location of the property on which the sign is to be
located, together with the name and address of the property owner.
(3) The type of sign or sign structure as defined in this Section.
(4) A site plan showing the proposed location of the sign, together with the
locations and square footage areas of all existing signs on the same premises.
(5) Specifications and scale drawings showing the materials, design,
dimensions, structural supports, and electrical components of the proposed sign.
SECTION 7. Permit Fees. All applications for permits shall be paid for when
permit is picked up. Fees are based upon the city adopted fee schedule in accordance with the
Uniform Building Code.
SECTION 8. Issuance of Permits — Inspection
(1) The building official shall issue a permit for erection, alteration, or
relocation of a sign within 30 days of receipt of a complete application, provided
that the sign complies with all applicable laws and regulations of the city. In all
applications, where a matter of interpretation arises, the more specific definition
or higher standard shall prevail. The building official may suspend or revoke an
issued permit for any false statement or misrepresentation of fact in the
application. A sign permit issued by the building official becomes null and void if
work is not commenced within 180 days of issuance or is abandoned for a period
of 180 days. Proof of ordering the sign constitutes commencement of work.
Permits may be renewed one time with an additional payment of one-half of the
original fee.
Ordinance No. 1924
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(2) Any person installing, altering, or relocating a sign for which a permit has
been issued shall notify the building official upon completion of the work. No
sign shall be deemed approved until the building official has conducted a final
inspection and indicated approval on the face of the sign permit.
SECTION 9. Requirements Applicable to All Signs. For the purpose of
determining if a proposed sign should be issued pursuant to Section 9, the following criteria
shall apply. In addition, signs shall be in compliance with the Uniform Sign Code of the
International Conference of Building Officials, as adopted by the city. This section specifies,
unless otherwise stated in this ordinance, design criteria, construction standards, requirements
for materials, and limitations on the projection and clearance of signs. Not less than one copy
of said codes are on file in the office of the city clerk. Compliance with the Uniform Sign Code
shall be a prerequisite to issuance of a sign permit under POMC 15.16.
(1) Electrical Requirements. Electrical requirements for signs within the city
shall be governed by the National Electrical Code, 1984 Edition (or any
superseding edition adopted by the city), promulgated by the National Fire
Protection Association, which is adopted and made a part hereof by this
reference. Compliance with the National Electrical Code shall be required by
every sign utilizing electrical energy as a prerequisite to issuance of a sign permit
under POMC 15.16.
(2) Sign Illumination. Illumination from or upon any sign shall be located,
shaded, shielded, directed, or reduced so as to avoid undue brightness, glare or
reflection of light on private or public property in the surrounding area, so as to
avoid unreasonably distracting pedestrians or motorists, and from bodies of
water as defined in the Shoreline Master Program. "Undue brightness" is
illumination in excess of that which is reasonably necessary to make the sign
reasonably visible to the average person on an adjacent street.
(3) Sign Maintenance. All signs, including signs heretofore installed, shall be
continually maintained in a state of security, safety, and repair. If any sign is
found not to be so maintained or is insecurely fastened or otherwise dangerous,
it shall be the duty of the owner and/or occupant of the premises on which the
sign is located to repair or remove the sign within five days after receiving notice
from the building official or his designee. The premises surrounding a
freestanding sign shall be free and clear of rubbish and landscaped area free of
weeds.
(4) Landscaping for Freestanding Signs. All primary freestanding signs shall
include landscaping at their base to prevent automobiles from hitting the sign -
supporting structure and to improve the overall appearance of the installation.
The planting area shall be a minimum of one square foot for each square foot of
sign surface area and shall include a mix of native shrubs and groundcover
(pursuant to Section C4, Landscape Standards, of the Port Orchard Zoning
Ordinance No. 1924
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Ordinance) so that at the time of installation a minimum of 25 percent of the
required planting area is covered by plant material. If the landscaping is not
installed concurrently with the sign, the applicant for a sign permit shall provide
a performance assurance device. All required landscaping must be installed
within 60 days of completion of the sign installation, unless the building official
grants an extension in writing for reasons of weather, good planting practices, or
unforeseeable construction delay.
(5) Sign Inspection. All sign users shall permit the periodic inspection of their
signs by the city upon request pursuant to Section 9, of this ordinance.
(6) Height of Signs. See District requirements, Sections 10 and 12.
(7) Placement of Signs. All signs must be properly supported and secured as
determined by the building official. Signs may only face streets and parking lots.
Signs may not be mounted on the back of buildings or areas not generally
accessed by the public. Multiple occupancy complexes shall provide for a
comprehensive signage plan, coordinating sign design, and placement. Signs
shall be located on the premises unless otherwise authorized within this
ordinance. Signage placed or projecting into the public right of way shall be
approved by the city council or as otherwise authorized by this ordinance. No
sign shall be located as to obstruct or create hazardous conditions for motorists
or pedestrians. All sings shall comply with the sight distance requirements of the
Land Use Code.
(8) Sign design shall provide continuity with signage on the same or adjacent
properties with respect to mounting location and height, proportions, materials,
and other significant qualities.
(9) Painted Signs - Mounting. Murals and graphics may be painted on
plywood or other backing material or directly on the building wall itself. (As
approved by the building official.)
(10) Appearance of Signs. All signs shall have a professional appearance. (As
approved by the building official.)
(11) Abandoned Signs. Abandoned signs shall be removed or message coated
out by the property owner or lessee within 30 days after the business or service
advertised by the sign is no longer conducted on the premises. If the property
owner or lessee fails to remove it, the building official shall give the owner ten
days written notice to remove it. Upon failure to comply with this notice, the
building official may cause the sign to be removed at cost to the owner of the
premises. The cost of removal will be twice the total cost of all labor, equipment,
and material costs incurred by the city to include 100% labor overhead and 15%
materials markup. Foundations, posts, and structure of the sign, with all
advertising copy removed, may remain on the premises for up to three years
Ordinance No. 1924
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with the owner's written consent, on the condition that same must be
continuously maintained pursuant to Section 9.
(12) Position of signs. Signs shall face or be placed fronting public avenues or
customer parking areas so as to not adversely affect neighboring properties.
(13) Conflicting Provisions. Whenever two provisions or interpretations of this
code overlap or conflict with regard to the size or placement of a sign, the more
restrictive provision or interpretation shall apply.
SECTION 10. Residential District Signs. No sign in a residential district shall
extend more than six feet above the elevation of the address street. The regulations of this
Section shall apply in all residential districts.
(1) Billboards. Not allowed.
(2) Street Address. All dwelling units in residential districts shall display house
numbers, no less than 4 inches in height, readable from the street.
(3) Temporary Sale Signs (garage sale, estate sale, etc.).
(a) Allowable Area: Three square feet per side and may be double
sided.
(b) May be displayed no more than three days prior to the event and
shall be removed 24 hours after the event is completed. May not
be displayed in or on Public Property.
(c) There shall be no more than two such events advertised with
temporary sale signs for any residence per year.
(d) No such event shall continue for more than six days within a 15
day period.
(4) Directional Signs.
(a) Allowable Area: Three square feet per side and may be double
sided.
(b) Number of Signs: limited to one sign per ingress and one sign per
egress.
(5) Projecting Signs. Not allowed.
(6) Residential Subdivisions and Multiple -family Development Signs:
(a) One monument sign up to 15 square feet in area per face at each
entrance to the development or a single monument sign up to 32
square feet in area per face per development;
(b) Directional and informational signs for the convenience of tenants
and the public relative to parking, office, traffic movement, etc.;
(c) Sign height not to exceed 6 feet.
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(7) Real Estate for Sale or Rent Signs. See Section 15.
(8) Home Occupation Signs.
(a) Wall Signs shall not exceed four square feet.
(b) Free-standing signs shall not exceed four square feet and six feet
in height. Sign shall be set back a minimum of ten feet from the
property line. The sign may be mounted on the property fence.
(9) Churches, Health Care Facilities, or Multi -unit Group Residence Signs.
(a) Shall be limited to monument signs, which are no higher than six
feet above the ground.
(b) Size must comply with subsection 6(a) above.
(10) Conditional Uses. Signs for conditional uses shall comply with residential
sign requirements.
(11) Allowable Combinations of Sign Types.
(a) There shall be no combination of permanent sign types on a
single street frontage.
(b) Total combined area of all exempt signs on any lot on a residential
district shall not exceed three square feet.
(12) Setbacks.
(a) No permanent sign shall be located closer than ten feet to an
internal property line, or closer than ten feet from the front lot
lines unless attached to a fence;
(b) Signs which are attached to fences shall not extend higher than
the fence.
SECTION 11. Mobile/Manufactured Home Parks. In all
Mobile/Manufactured Home districts the regulations of this section shall apply. Signs and
advertising devices shall be prohibited in a mobile/ manufactured home park except for
monument signs that shall have the same limits as monument signs in residential areas.
SECTION 12. Commercial, Mixed Use, and Employment District Signs.
In all commercial districts, the following regulations and standards shall apply.
(1) Billboards. See Section 18.
(2) Street Address.
(a) Each business building shall display a street address number
identification sign readable from the street.
(b) The minimum height of the street address numbers shall be six
inches.
(3) Temporary Signs. Allowed. See Section 17.
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(4) Directional Signs (such as "Entrance and Exit Signs):
(a)
Allowable Area: Three square feet per side and may be double
sided.
(b)
Number of Signs: limited to one sign per ingress and one sign per
egress.
(c)
Directional signs may not contain advertising copy other than the
business logo, if applicable.
(5) Projecting Signs:
(a)
Shall not exceed 32 square feet per face.
(b)
Number of Signs: one per elevation per business.
(c)
Shall not project more than six feet from a building nor within two
feet of the curb line.
(d)
Shall not extend above the parapet or eaves line.
(6) Free -Standing Signs:
(a)
Maximum sign height and area shall be no greater than the
following:
(i) Commercial and Employment District - 12 feet in height
maximum, area may be equal to one square foot for each
lineal foot of street frontage per sign face, not to exceed
90 square feet.
(ii) Mixed Use District — six feet in height maximum, area may
be equal to one square foot for each lineal foot of street
frontage per sign face, not to exceed 50 square feet.
(7) Wall Signs.
(a) Allowable Area: One square foot for each lineal foot of wall
frontage. No single sign face shall exceed 90 square feet.
(b) Number of Signs: No more than one per wall with frontage to a
public street or parking area.
(c) Height of Sign: No sign shall extend above the parapet or eaves
line.
(8) Sandwich Boards/Sidewalk Signs. Must meet the following criteria;
(a) Require a permit.
(b) Signs shall not exceed 24 inches by 36 inches.
(c) Signs shall be placed on and directly in front of premises being
advertised.
(d) Signs are placed only during hours the business is open.
(e) Signs shall not be placed within the road right-of-way, unless
otherwise stated in Resolution No. 1884. See Section 14. Re:
downtown Bay Street.
(f) Signs limited to one per street frontage.
Ordinance No. 1924
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(9) Multiple occupancy complex sign shall be limited to one sign per
street frontage along with one per tenant space to be placed
immediately adjacent to the business entrance. Businesses must
allow unobstructed sidewalk or walkway width of four feet.
(9) Gas Station/Convenience Store Signs.
(a) Gas price signs must comply with District requirements and the
following.
(i) Must be permanently anchored.
(ii) Sign area shall not exceed 12 square feet and no more
than one per street frontage.
(b) Canopy signage.
(i) Limited to logo shields;
(ii) No product advertising permitted on spandrels, canopy, or
column.
(iii) Shall not be included in determining the total sign area of
a business.
(10) Allowable Combinations of Sign Types. On any street frontage, only
these combinations are allowed:
(a) Wall sign and free-standing sign.
(b) Projecting signs and free-standing sign.
(11) Off -Premise Signs. Not allowed.
(12) Setbacks: Signs under this Section may have zero foot setbacks.
SECTION 13. Downtown Business Core Marquee Signs. Abutting
property owners can use that portion of the marquee, which is within the extended property
lines to advertise those businesses, which are located on the subject property. All marquee
signs shall have a building permit to confirm location, design standards, and structural
connection. The city is authorized to relocate or remove any sign on the marquee or in the
public right-of-way that does not conform to city standards. No sign shall advertise a business
that is not located on the abutting Bay Street property. No temporary signs or banners shall
be allowed on the marquee, except those installed by the city. No display of merchandise shall
be hung from the marquee.
(1) Allowable Area for marquee signage: One square foot for each lineal foot
of wall frontage. Marquee sign is part of the total usable signage for the site.
No single sign face shall exceed 32 square feet. The property owner of a multiple
occupancy building will be responsible for the division of usable signage and
signs shall be spaced evenly.
(2) Design Criteria:
(a) The signs shall be mounted flush to the marquee railing.
(b) The sign is to be centered on the horizontal plane of the marquee
Ordinance No. 1924
Page 16 of 26
and shall not extend above the top or bottom of the marquee
railing face. Sign shall be placed directly in front of business.
Proportional size length to width approximately with ratio of 2:1
minimum. See following diagram.
(c) All signs shall have a professional appearance.
(d) No sign is to have a right angle corner. The sign can be finished in
a manner such as seen below.
Marquee with sign design options
(e) Exterior lighting directed from the top portion of the sign is
allowed. A clearance of 14 feet for commercial vehicles must be
permitted. The lighting must be shielded from traffic and avoid
undue brightness. See Section 9 (2). Subject to permit and
design criteria. See following diagram.
Light shield for traffic
Li
Side view marquee and sign with light.
(f) Signs under the marquee shall be placed to allow seven feet
Ordinance No. 1924
Page 17 of 26
clearance above the sidewalk. The sign shall be rectangular in shape, not
to exceed 6 square feet, corner treatment is as follows, and shall be
installed per city standards. An example of the sign design, which must
be used, is as follows:
(g) Any movie theater with more than 150 seats is exempt from the
standards of Section 13, but must meet requirements of Section
12.
(h) Changeable letter strips may be added to a marquee sign for
those businesses that pay a state/local admission tax for use of
entertainment advertising only.
SECTION 14. Downtown Business Core Sandwich/Sidewalk Signs.
Existing and proposed sidewalk signs are permitted only within the Mixed Use district, between
Water Street and Harrison Avenue on Bay Street. These signs shall meet the specific standards
and requirements in this section.
(1) Permit Required:
(a)
Sidewalk signs require a sign permit.
(b)
A copy of the approved sign permit shall be legibly attached to the
underside of the sign at all times.
(c)
Any applicant for a sidewalk sign permit shall be required to sign a
hold harmless/indemnification agreement and shall provide
evidence that the applicant maintains liability insurance in an
amount as required by the building official naming the City of Port
Orchard as an additional insured. Said coverage shall not be
canceled or modified without 30 calendar days prior written notice
to the building official. Failure to maintain such insurance
coverage shall result in revocation of the permit.
(d)
Any applicant for a sidewalk sign permit shall sign a statement
that the applicant agrees to adhere to the standards and
requirements set forth in POMC 15.16, and if not, the sign may be
removed by the city and/or the sign permit revoked.
(2) Number, Size and Location:
(a)
Maximum of one sidewalk sign per business permitted, including
businesses having more than one street frontage. The sign shall
Ordinance No. 1924
Page 18 of 26
be placed in front of and on the same side of the street as the
building or establishment, which it advertises.
(b) Buildings with multiple tenants who have access from a common
entrance are permitted one sidewalk sign per building upon which
all interior tenants may be advertised.
(c) Maximum size of sidewalk sign shall be 6 square feet per sign
face, with a maximum of two sign faces per sign.
(d) Maximum height of sign shall be 36 inches above the sidewalk,
walkway, or plaza upon which it is placed, and no materials (such
as paper, balloons, windsocks, etc.) may be added to the sign to
increase its height. The height of such signs may not be artificially
increased above the allowed maximum by the placement of
material underneath. Maximum width of sign shall be 24 inches.
(e) No sign may be placed in such a way as to reduce the continuous
unobstructed width of a sidewalk or walkway to less than four
feet.
(f) No sign may obstruct an entrance to a building or any steps.
(g) No sign may be placed within a required vision clearance triangle,
as defined by POMC 15.16, or within 20 feet of a wheelchair
ramp.
(h) No second party advertising shall be permitted on such signs.
(i) Owners are responsible for the removal of their sidewalk sign
following business hours and during periods of strong winds.
(3) Materials:
(a) Signs shall be constructed of weather -resistant materials, such as
wood, plastic, or metal. Signs constructed of impermanent
materials, including but not limited to cardboard and paper, are
prohibited.
(b) No sign shall contain foil,
materials, which could cre
bicyclists, or pedestrians.
mirrors, bare metal, or other reflective
ate hazardous conditions to motorists,
(c) No sign may contain lights of any kind.
SECTION 15. Real Estate Signs. All exterior real estate signs must be of a
durable material. Only the following real estate signs are permitted:
(1) Residential for sale or rent signs. Signs advertising residential property
for sale or rent shall be limited to one single -faced or double-faced sign per
street frontage. Such signs shall not exceed four square feet per face, and must
be placed wholly on the subject property. Such signs may be displayed while the
property is actually for sale or rent. A sold sign may remain up for ten days after
the occupancy of residential property.
(2) Residential directional signs. Signs advertising an open house and the
direction to a residence for sale or rent shall be limited to three single -faced or
Ordinance No. 1924
Page 19 of 26
double-faced off -premises signs. Such signs may not exceed four square feet
per face. Such signs are permitted only when a real estate agent or seller is in
attendance at the property for sale, and not overnight. Such signs may not be
placed in the public right-of-way, nor shall they be placed on a sidewalk or in any
location where they would cause a public hazard as determined by the police
chief and/or building official.
(3) Commercial or employment for sale or rent signs. Signs advertising
commercial or employment property for sale or rent shall be limited to one
single -faced or double-faced sign per street frontage. Signs may be displayed
while the property is actually for sale or rent up to one year. If at that time
property is not sold or rented, a permanent sign is required. The signs shall not
exceed 32 square feet per face. If freestanding, the signs shall not exceed five
feet in height and shall be located at least 15 feet from any abutting interior
property line and wholly on the property for sale or rent. In applications where
constant leasing/rentals occur, a permanent sign may be erected on the property
in accordance with the permanent sign requirements.
(4) Temporary Subdivision Signs. Signs advertising residential subdivisions
shall be limited to one single -faced or double-faced sign per street frontage.
Such signs shall not exceed 32 square feet per face and shall not exceed ten feet
in height. They shall be set back at least ten feet from any abutting interior
property line and shall be wholly on the property being subdivided and sold.
SECTION 16. Political Signs. Signs, posters, or bills promoting or publicizing
candidates for public office or issues that are to be voted upon in a primary, general, or special
election may be displayed on private property in accordance with the following restrictions:
(1) Time Limitations. Political signs shall be permitted only as follows:
(a) Special Election —From 120 days prior to the election to seven
days after the election;
(b) Primary or General Election — From 60 days prior to the election
until seven days after the general election.
(2) Prohibited on Public Property. It is unlawful for any person to paste,
paint, affix, or fasten any political sign on a utility pole or on any public right-of-
way, property, building, or structure.
(3) Responsibility for Compliance. It shall be presumed that any violation of
this section was done at the direction and request of the political candidate
and/or campaign director.
SECTION 17. Temporary and Special Events. Except as otherwise
provided below for certain special categories, temporary and special event signs shall not
exceed 32 square feet in area per face. In addition, temporary and special event signs shall not
Ordinance No. 1924
Page 20 of 26
be allowed without first being requested in writing and reviewed by the building official or his
designee, who may impose conditions of approval.
(1) Construction Signs. Construction signs identify the architects,
engineering, contractors, or other individuals or firm involved with the
construction of a building and announce the character of the building or the
purpose for which the building is intended. Such signs may be displayed only
after a building permit is obtained and during the period of construction on the
construction site. Only one such sign is permitted per street frontage. No
construction sign shall exceed 32 square feet per face or ten feet in height, nor
shall it be located closer than ten feet from an interior property line.
Construction signs shall be removed by the date of first occupancy of the
premises, or upon expiration of the building permit, whichever first occurs.
(2) Grand Opening Displays. Temporary signs, posters, banners, strings of
lights, clusters of flags, blinking lights, balloons, searchlights, and beacons are
permitted for a period not to exceed 30 days to announce the opening of a
completely new enterprise or the opening of an enterprise under new ownership.
All such signs and materials shall be located on the premises being advertised
and shall be removed immediately upon expiration of said 30 day period.
(3) Special Sales and Events. Temporary signs, posters, banners, strings of
lights, clusters of flags, balloons, searchlights, and beacons are permitted for the
limited purpose of announcing a retail sale or special event in business or
commercial zones, but not on a routine basis. All such advertising material shall
be located on the premises being advertised limited to one per road frontage per
business or multiple occupancy complex and shall be removed immediately upon
expiration of said special sale or event. Such special sale or event shall be
limited to a 30 day period.
(4) Quitting Business Sales. Temporary signs, posters, and banners are
permitted for a period of 30 continuous days for the purpose of advertising
quitting business sales, liquidation sales, or other events of a similar nature. All
such signs shall be located on the premises being advertised and shall be
removed immediately upon expiration of the 30 day period, or conclusion of the
sale, whichever occurs first.
(5) Seasonal lighting shall be permitted on the downtown marquee and over
the street for a period of 30 days.
(6) Product Advertising Signs. A banner whose primary objective is to
advertise a specific product or brand name and is located outside the business
building shall be limited to 30 days per product and/or sign every six months.
SECTION 18. Billboards.
Ordinance No. 1924
Page 21 of 26
(1) Permitted Zones. Billboards shall be permitted only in commercial and
employment zones.
(2) Heights. The maximum height of a billboard shall not exceed 35 feet
from the street level.
(3) Size. The maximum sign dimensions for a billboard shall be 12 feet in
height and 25 feet in length, excluding supports and foundations, for a total
maximum sign area of 300 square feet per face. Billboards may be either single -
faced or double-faced.
(4) Location Restrictions.
(a) Billboards shall be located only on property abutting a state
highway and shall be facing towards the state highway.
(b) Billboards shall not be less than 100 feet from an intersection,
provided that a greater distance may be required if the city finds
that a specific billboard at a specific location will obstruct or
physically interfere with a motorist's view of approaching,
merging, or intersection traffic.
(c) Billboards shall not be closer than 300 feet to any residential zone.
(d) Billboards shall not be closer than 15 feet to the outside edge of
the public right-of-way.
(e) A billboard 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.
(f) Billboards shall not be permitted as roof signs.
(g) Billboards shall not block the public visibility of any on -premises
signs or the visibility for motorists of any official traffic sign,
signal, or device.
(h) Billboards shall not block, obstruct, or detract from any unique
scenic view enjoyed by the public or by private parties. The back
of billboards will be finished if visible by the public and all areas
visible by the public shall be landscaped with drought -resistant
native vegetation as approved by the building official The finish
will be non -reflective, painted, and conceal the framework of the
structure.
(5) Lighting. Lighting on billboards shall be for the sole purpose of
illuminating the advertising message on the display surface and shall not
constitute any part of the message itself, directly or indirectly. There shall be no
blinking, flashing, or fluttering lights. All lighting shall be directed towards the
display surface and shall not create a hazard to motorists or a nuisance to
adjoining property owners.
(6) State Requirements. All billboards visible from a state highway shall
comply with the requirements of RCW Chapter 47.42.
Ordinance No. 1924
Page 22 of 26
(7) License Requirements
(a) Business License. A business license as specified in Chapter 5.12
of the Port Orchard Municipal Code 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
of the Port Orchard Municipal Code shall be required for each
person who is engaged in or carries on the business or occupation
of outdoor advertising.
(8) Nonconforming Billboards. Billboards existing on the date of adoption of
this ordinance which were in full compliance with all codes and regulations of the
city at said time, but which do not comply with this Section, shall be regarded as
non -conforming 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
lose their nonconforming status if a change of use occurs on the underlying
property. A billboard without nonconforming status shall immediately be
removed or brought into compliance with all current provisions of this section.
SECTION 19. Nonconforming Signs.
(1) Signs existing on the date of adoption of this ordinance, which do not
conform to the specific provisions of this section, shall be deemed to be legal
nonconforming signs which are exempt from the provisions of this section only
on the following conditions:
(a) The sign was lawfully erected in full compliance with all codes,
which were then applicable.
(b) The sign does not endanger the public health, safety, or welfare.
(c) The sign does not lose its nonconforming status as provided in
subsection (2) of this section, provided that nonconforming status
shall not apply to temporary, special event, real estate, or
portable signs, or to any sign on public right-of-way. The
nonconforming status of billboards is regulated by Section 18.
Provided further that portable reader board signs which meet the
nonconforming criteria specified in subsection (1) of this section
shall be granted a phase -out period of 12 months from the
adoption of this ordinance or until they lose their nonconforming
status as provided in subsection (2) of this section, whichever
occurs first.
(2) A legal nonconforming sign may lose said designation if any of the
following occur:
(a) If the sign is not continuously maintained and repaired as required
by Section 10.
Ordinance No. 1924
Page 23 of 26
(b) If the sign structure is relocated or replaced (not to include a
mere change of advertising copy).
(c) If the structure or size of the sign is altered in any way to make it
more nonconforming with the provisions of this section. This does
not refer to a change of copy or normal maintenance.
(d) If the sign suffers more than 50 percent appraised damage or
deterioration.
(3) A sign permit shall not be issued if the application requests a
nonconforming sign to be modified, enlarged, extended, constructed,
reconstructed, moved, or structurally altered in such a manner that would
continue to keep the sign out of conformance with this ordinance.
(4) The owner may continue using the nonconforming sign for a period
determined by use of the table contained in this section. At the expiration of any
such period, the owner shall at his/her expense either remove the sign and its
supporting members or modify or replace it so as to bring it into compliance with
the requirements and standards of this ordinance. As used in the table, "time
limitation" means the period, which begins to run when the building official mails
notice of the valuation of the sign to the owner of real property on which it is
situated, as disclosed by the most recent county assessor's rolls. The "value of
sign" means the valuation determined by the building official, who may consider
evidence of the sign's original cost, replacement cost, salvage value, adjusted
basis for income tax purposes and fair rental value, to the extent such evidence
is available. The owner may appeal to the city council. Such appeal shall be filed
within 60 days of the building official's notice and shall present evidence that the
sign was in accordance with the requirements of the municipal code in force at
time the sign was erected.
Value of Sign Time Limitation
$1,000 or less One year
More than $1,000, but less than $10,000 Three years
$10,000 or more Five years
(5) The owner may appeal to the city council. Such appeal shall be filed
within 14 days of the building official's notice and shall present evidence that the
sign was in accordance with the requirements of the municipal code in force at
the time the sign was erected, re -erected, or otherwise altered.
SECTION 20. Comprehensive Design Plan Permits. Application may be
made to the city council for special consideration whereby deviations from the requirements
and restrictions of this section may be permitted when an applicant is using a comprehensive
design plan to integrate signs into the framework of the building or buildings, landscaping, and
other design features of the property, utilizing an overall design theme. Comprehensive design
may be used on an existing building where the facade is being altered, when there is new
Ordinance No. 1924
Page 24 of 26
construction, or in freestanding signs. These permits are not to be confused with the
procedures for obtaining variances for hardship or unusual circumstances. Rather, these
permits are based upon the applicant satisfying the city council that an exceptional effort has
been made toward creating harmony between the sign, the building, and the site where it is
located through use of a consistent design theme which complements and enhances
surrounding natural beauty of the area. The comprehensive design plan shall be presented to
the city council with a narrative describing the proposed plan. The city council shall assess the
applicant's information using the following criteria:
(1) Whether the proposal manifests exceptional visual harmony between the
sign, buildings, and other components of the subject property through the use of
a consistent design theme.
(2) Whether the sign or signs promote the planned land use in the area of
the subject property and enhance the aesthetics of the surrounding area.
(3) Whether the sign and its placement obstruct or interfere with any other
sign or property in the area or obstruct natural scenic views.
(4) Whether the proposed plan is aesthetically superior to what could be
installed under existing criteria in this ordinance.
SECTION 21. Variances.
(1) Any person may apply to the city planning commission for a variance
from the requirements of this ordinance. Variance applications shall be
processed pursuant to the procedures for zoning variances specified in the
zoning ordinance. No application for a variance shall be granted unless the
planning commission finds:
(a) The variance shall not constitute a grant of special privilege
inconsistent with limitations in this ordinance on the types of signs
allowed in the same vicinity and zone. That is, there shall be no
variances, which allow types of signs in any zone, which would be
otherwise prohibited.
(b) The variance is necessary because of special circumstances
relating to the size, shape, topography, location, or surroundings
of the subject property to provide it with use rights and privileges
permitted to other properties in the same vicinity and zone.
(c) The granting of the variance will not be materially detrimental to
the public welfare or injurious to property or improvements in the
vicinity.
(d) The variance will not be contrary to the spirit and purpose of this
ordinance.
Ordinance No. 1924
Page 25 of 26
(2) In granting a variance, the planning commission may attach thereto such
conditions regarding the locations, character, and features of the proposed sign,
as it may deem necessary to carry out the spirit and purpose of this ordinance in
the public interest.
(3) Variances for height of signs in a residential district, Section 13, may be
processed as an administrative variance by the city planner, pursuant to the
procedures established by the city council.
SECTION 22. Enforcement Procedures.
(1) The building official or his designee shall have jurisdiction to
administratively enforce the provisions of this ordinance. Upon presentation of
proper credentials, the building official or his duly authorized representative may,
at all reasonable times enter upon any premise to inspect the same for violations
of this ordinance. All signs for which a permit is required are subject to periodic
inspection by the building official.
(2) The building official may use the following administrative methods of
enforcing the provisions of this ordinance:
(a) In cases where the building official determines that a sign
presents an immediate threat to the safety of the public, or a sign
is unlawfully located on public property, the building official may
order the sign to be immediately removed by the owner or by the
city at the owner's cost.
(b) In cases where a sign is erected or installed without a permit in
violation of this ordinance, the building official shall give written
notice by certified mail to the owner to comply with the provisions
of this ordinance or remove the sign within 48 hours. If
compliance within 48 hours is not obtained, the building official
may order the sign to be removed by the owner or by the city at
the owner's cost. These 48 hours serves as the administrative
period.
(c) In all other cases where the building official identifies a violation
of any provision of this ordinance, he shall give ten days notice, in
writing by regular and certified mail, to the owner to bring the
sign into compliance with this ordinance or to remove it. Upon
failure to comply with said notice, the building official may issue a
civil infraction and order the sign removed by the owner or by the
city at the owner's cost.
(d) As used in this section, the term "owner" shall refer to the owner
of the sign in question provided that if the building official is
unable, after reasonable efforts, to determine the identity of the
owner of the sign, the building official may notify, instead, the
owner of the real property on which the sign is located, and may
Ordinance No. 1924
Page 26 of 26
rely upon the name and address of such owner as it appears in
the records of the Kitsap County Assessor.
SECTION 23. Appeals. Any aggrieved party may appeal a decision or order of
the building official under this ordinance to the city council. Appeals shall be filed with the city
clerk within ten days of the date of the building official's decision. No fee shall be charged for
such an appeal.
SECTION 24. Violations —Penalties. After the administrative warning period
referred to in Section 22 (2)(b) has expired, any person, business, or corporation violating a
provision of this ordinance shall be construed as having committed a civil infraction and upon a
finding of liability, shall pay a civil penalty of not more than $250. Each day a violation exists
shall be considered a separate infraction. Any person, firm, or corporation interfering with the
building official's enforcement of this ordinance may be cited under the city's criminal code for
the offense of obstructing a public officer.
SECTION 25.
entirety.
Repealer. Ordinance No. 1762 is hereby repealed in its
SECTION 26. Saving Clause. Ordinance No. 1762, which is repealed by this
ordinance, shall remain in force and in effect until the effective date of this ordinance.
SECTION 27. Severability. If any section, subsection, paragraph, sentence,
clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such
decision shall not affect the validity of the remaining portions of this ordinance.
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 8ch ay of December 2003
ATTEST:
Carol L. Etgen, Pty Clerk
APPROVED AS TO FORM:
City Attorney
LESLIE I WEATHERILL, MAYOR
Sponsored by:
Don Morri on, Councilmember
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 December 8, 2003.
ORDINANCE NO. 1924
AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON,
REPEALING ORDINANCE NO. 1762 AND MODIFYING STANDARDS
FOR THE STRUCTURAL DESIGN, PLACEMENT, SIZE AND
MAINTENANCE OF ALL SIGNS AND SIGN STRUCTURES IN THE
CITY.
Copies of Ordinance No. 1924 are available for review at the office of the City Clerk
Orchard. Upon written request a statement of the full text of the Ordinance will
interested person without charge. Thirty days after publication, copies of Ordinance
provided at a nominal charge.
City of Port Orchard
d�o Yy�
Mi elle Merlino
Deputy Clerk
Publish: Port Orchard Independent
December 17, 2003
Kitsapleeals(o),soundpublishine com
of the City of Port
be mailed to any
No. 1924 will be