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1741 - Ordinance - Repealing Ordinance No. 607 New POMC Title for Signs and Sign StructuresRepealed by Ordinr rice 1762 Date: 03--08-99 ORDINANCE NO. 1741 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING ORDINANCE NO. 607 AND ESTABLISHING A NEW TITLE WITHIN THE PORT ORCHARD MUNICIPAL CODE PROVIDING 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 are responsive to the needs of the public in locating a business establishment by identification, address, and product and/or services 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 increases 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 automotive 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 new 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: (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) "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. (3) "Billboard" means an outdoor advertising sign or poster panel which advertises products, businesses, and/or services not connected with the site on which the sign is located, and which sign is a substantial permanent structure with display services of a type which are customarily leased for commercial purposes. Ordinance No. 1741 Page 2 of 18 (4) "Building Official" as defined by the Uniform Building Code or his designated representative and/or the Code Enforcement Officer. (5) "Comprehensive design plan" means the integration into one architectural design of the building, landscaping, and signs. (6) "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. (7) "Directional sign" means a single -faced or double-faced sign not exceeding 2' x 3' (six square feet) in surface area per side designed to guide or direct pedestrian or vehicular traffic to an area, place or convenience. Such sign may include the name of the business. Advertising on said signs shall be limited to incidental graphics such as trade names and trademarks. For real estate signs see Section 16. (8) "Electrical sign" means a sign structure in which electrical wiring, connections, or fixtures are used. (9) "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. (10) "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. (11) "Flashing sign" means a sign or a portion thereof which changes light intensity or switches on and off in a constant pattern, or contains motion or the optical illusion of motion by use of electrical energy. (12) "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. (13) "Ground sign" means a freestanding sign that is less than five feet in height. (14) "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"x18" in size. (15) "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. (16) "Marquee" (a) A permanent roof -like structure or canopy of rigid material supported by and extending from the facade of a building. (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. (17) "Monument sign" means a freestanding sign no higher than six feet above grade, which is attached to the ground by means of a wide base. Ordinance No. 1741 Page 3 of 18 (18) "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. (19) "Murals" means art renderings on exterior walls. (20) "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. (21) '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. (22) '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. (23) '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. A -Board signs, banners, and other freestanding signs are included in this category. (24) 'Projecting sign" means a sign, other than a flat wall sign, which is attached to and projects twelve inches or more from a building wall or other structure not specifically designed to support the sign. (25) "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. (26) '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. (27) 'Roof sign" means any sign erected over or on the roof of a building (28) "Sign" means any 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 the same is visible from any street, way, sidewalk, or parking area open to the public. (29) "Sign area" means the entire area of a sign on which copy is to be placed. 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 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 Ordinance No. 1741 Page 4 of 18 thereof. For double-faced signs, total sign area shall be calculated by measuring only one face. (30) "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. (31) "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, 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. (32) "Video Billboards" means any billboard or other outdoor sign, which uses television, computer projections, or other similar technology, to project images to the public. (33) "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. 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 located in or on public right-of-way or public property, with the following exceptions: (a) Signs and projecting signs may extend over public right-of-way if they otherwise conform with this Ordinance; (b) Temporary "A -board" real estate signs are allowed on the periphery of public right-of-way pursuant to Section 16; (c) Signs that are attached to the Downtown Marquee and which meet the city standards for the Downtown Marquee signs; (d) Public transportation and city owned signs; (a) Signs specifically approved by the city council to be in the right of way. (4) Signs imitating or resembling official traffic or government signs or signals, as determined by the public works director, or police chief; (5) Signs attached to trees, utility poles, streetlights, rocks, or other natural features; (6) 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, taxis, or vehicles, which are advertising themselves for sale. Ordinance No. 1741 Page 5 of 18 (7) Signs over thirty-two square feet in area, which rotate, or have a part or parts in excess of such size, which move or revolve; (8) 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 twenty-four inches in diameter, and similar devices of a carnival nature are permitted on a limited basis pursuant to Section 19; The same displays as described above can only be on the same property three times a year and with a minimum of 30 calendar days between each time the displays are erected; (9) Searchlights and beacons, except as permitted for special events pursuant to Section 19. (10) Video billboards. SECTION 4. Signs Exempt From This Ordinance. The following signs or displays are exempted from regulation under this Section: (1) Regulatory, informational, identification, or directional signs installed by, or at the direction of a government entity; (2) Signs required by law; (3) Official public notices, official court notices, or official sheriffs notices; (4) 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, must be placed on common sign base approved by city; (5) Signs or displays not visible from streets, ways, sidewalks, or parking areas open to the public; (6) The flag of government or noncommercial institutions such as schools; (7) Point -of -purchase advertising displays, such as product dispensers; (8) "No trespassing", "no dumping", "no parking", "private" and other informational warning signs which shall not exceed six square feet in surface area; (9) Structures intended for separate use such as phone booths and recycling containers; (10) Reasonable seasonal decorations within the appropriate holiday season, or civic festival season. Such displays shall be removed promptly at the end of the season or event. (11) Sculptures, fountains, mosaics, murals, and design features, which do not incorporate advertising or identification; (12) Postal signs; (13) Incidental signs; Anything not covered elsewhere in this ordinance shall be limited Ordinance No. 1741 Page 6 of 18 to 12 x 18" in size (14) All signs which are wholly within the interior portion of a building, including interior window signs; provided, that such signs shall not be exempt if they are in one of the categories prohibited by Section 3. (15) Signs located on the interior sides of sports field fencing. SECTION 5. 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. SECTION 6. 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) of Section 16; (2) Political signs meeting the requirements of Section 17; (3) Temporary and special event signs meeting the requirements of Section 19; (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; SECTION 7. 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 and address of the owner of the sign; (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 8. Permit Fees. All applications for permits shall be accompanied by payment of fees based upon the City adopted fee schedule in the Uniform Building Code. SECTION 9. Issuance of Permits — Inspection (1) The building official shall issue a permit for erection, alteration or relocation of a sign Ordinance No. 1741 Page 7 of 18 within thirty 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. If a permit is denied, the permit fee will be refunded to the applicant. A permit issued by the building official becomes null and void if work is not commenced within sixty days of issuance and is not completed within one hundred eighty days of issuance. Proof of ordering the sign constitutes commencement of work. Permits may be renewed on time with an additional payment of one-half of the original fee. (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 10. Maintenance. All signs and components thereof must be maintained in good repair and in safe condition. SECTION 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, and posts and structure of the sign, with all advertising copy removed, may remain on the premises for up to three years with the owner's written consent, on the condition that the same must be continuously maintained pursuant to Section 10. SECTION 12. Illumination of Signs. (1) The light direction upon, or internal to, any sign shall be shaded, shielded, or directed so that the light intensity or brightness shall not adversely affect surrounding or facing premises or adversely affect safe vision of operators of vehicles moving on public or private roads, highways, or parking areas, or adversely affect safe vision of pedestrians on a public right-of-way. No signs shall have blinking, flashing or fluttering lights, or other illumination devices which have a changing light intensity or brightness, provided, that certain illumination of this description is permitted on a limited basis by Section 19. (2) Sequential messages, such as time and dates, are permitted. SECTION 13. Height of Signs. No sign in a residential district shall extend more than six feet above the elevation of the address street. No sign in any mixed use, commercial, or employment district shall extend more than twenty (20) feet above the elevation of the address street, with the following exceptions: 0) In cases where height variances are granted by the Planning Commission for freestanding signs; (2) In cases of billboards regulated by Section 20; (3) When the sign is within a specific special area which has design guidelines and is Ordinance No. 1741 Page 8 of 18 established by city council resolution. SECTION 14. Design and Construction Specifications (1) The Uniform Sign Code, of the International Conference of Building Officials, as adopted by the city is adopted by reference. Said Section specifies design criteria, construction standards, requirements for materials, and limitations on the projection and clearance of signs. (2) All freestanding monument and pole signs shall have self-supporting structures erected on or permanently attached to an adequate foundation approved by the building official. (3) All portable signs on display shall be braced or secured to prevent motion. (4) All signs abutting or extending over public right-of-way shall be subject to review by the police chief and/or building official for the purpose of determining that there will be no hazards created for motorists or pedestrians. No sign shall project within two feet of the curb line, with exception of requirements of designated overlay zones. SECTION 15. On -Premises Requirements. All signs, except billboards, real estate, political and directional signs meeting the requirements of this Ordinance, shall be located on the premises of the business being advertised; provided, that several businesses located contiguous to each other, but not sharing a common property ownership, may choose to share a freestanding sign located on the property of one of the businesses. SECTION 16. 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 open house and the direction to a residence for sale or rent shall be limited to three single -faced or 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 be placed along the periphery of public right-of-way, but shall not 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 thirty-two square feet per face. If freestanding, the signs shall not exceed five feet in height and shall be located at least fifteen 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. Ordinance No. 1741 Page 9 of 18 (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 thirty-two 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 17. 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 for a period of 30 days preceding the primary election and for a period of seven days following 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 18. Portable Signs. The following regulations shall apply to all portable signs except in cases where such signs are also included in more specific categories of this Ordinance: (1) Portable signs, except banners, shall not exceed twelve square feet per side, with no one side having a dimension greater than four feet; (2) No more than one portable sign may be displayed per street frontage; (3) All portable signs shall be located on the premises, which they are advertising; (4) Portable signs shall be non -electric; (5) Portable signs shall not be reader boards. SECTION 19. Temporary and Special Event. Except as otherwise provided below for certain special categories, temporary, and special event signs shall not exceed thirty-two square feet in area perface. (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 thirty-two 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 60 days to announce the opening of a completely new enterprise or the Ordinance No. 1741 Page 10 of 18 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 60 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 and shall be removed immediately upon expiration of said special sale or event. Such special sale of event shall be limited to a sixty (60) day period. (4) Quitting Business Sales. Temporary signs, posters, and banners are permitted for a period of ninety 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 ninety - 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 sixty (60) 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. Product advertising signs shall be limited to 30 days per product and/or sign every 6 months. SECTION 20. EntryWay Signs. (1) Entry -way signs will be constructed in the public right of way, as directed by the city council. (2) The entry way sign shall be a single monument sign and will be large enough for individual directional signs for businesses advertised on state road 16. A fee will be established for signs posted on an entry way sign. SECTION 21. Billboards. (1) Permitted Zones. Billboards shall be permitted only in Commercial and Employment zones. (2) Heights. The maximum height of a billboard shall not exceed thirty-five feet from the street level. (3) Size. The maximum sign dimensions for a billboard shall be twelve feet in height and twenty-five feet in length, excluding supports and foundations, for a total maximum sign area of three hundred 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 oriented towards the state highway. (b) Billboards shall not be less than one hundred feet from an intersection; provided, that a greater distance may be required if the city finds that a Ordinance No. 1741 Page 11 of 18 specific billboard at a specific location will obstruct or physically interfere with a motorist's view of approaching, merging of intersection traffic. (c) Billboards shall not be closer than (300') three hundred feet from any residential zone. (d) Billboards shall not be closer than fifteen feet from the outside edge of the public right-of-way. (e) A billboard shall not be located within one thousand 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 public works director. 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. (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. Ordinance No. 1741 Page 12 of 18 SECTION 22. Sign Regulations by Zoning District. In addition to all other provisions of this Ordinance, the following special regulations shall apply in each of the zoning districts referred to below: (1) Residential Districts. (a) The total combined area of all non-exempt signs on any lot in a residential district shall not exceed three square feet, except as provided in subsection g of this section. (b) All dwelling units in residential districts shall display house numbers, no less than 4 inches in height, readable from the street. (c) Illumination from or upon signs in residential districts shall be shaded, shielded, directed, or reduced so that the light intensity or brightness does not impact the residential property in the vicinity in any substantial way. (d) There shall be no freestanding pole signs in residential districts. (a) There shall be no roof signs in residential districts (f) No permanent sign shall be located closer than ten feet to an internal property line, or closer than ten feet from the front lot line unless attached to a fence. Signs, which are attached to fences, shall not extend higher than the fence. (g) Residential subdivisions and multiple -family developments; (i) One monument sign up to fifteen square feet in area per face at each entrance to the development or a single monument sign up to thirty- two square feet in area per face per development, which may be illuminated, but not flashing; (ii) Directional and informational signs for the convenience of tenants and the public relative to parking, office, traffic movement, etc.; (iii) Real Estate for sale or rent signs pursuant to Section 16. (h) Home occupation and day care signs shall not exceed four square feet per face and shall be wall signs or ground signs. Ground sign shall be set back a minimum of ten feet from the property line. The sign may be mounted on the property fence, but not higher than the fence. (i) Signs for conditional uses shall comply with residential sign requirements. Q) Temporary sale signs (garage sale, estate sale, etc.) may be displayed no more than three days prior to the event and shall be removed twenty-four hours after the event is completed. There shall be no more two such events advertised with temporary sales signs for any residence per year, and no such event shall continue for more than six days within a fifteen -day period. (k) Signs for churches, health care facilities, or multi -unit group residences shall Ordinance No. 1741 Page 13 of 18 be limited to monument signs, which are no higher than 6 feet above the ground and not have interior lighting. Size must comply with (g) above. (2) Mobile/Manufactured Home Parks. Signs and advertising devices shall be prohibited in a mobile/manufactured home park except: monument signs shall have the same limits as monument signs in residential areas. (3) Mixed Use, Commercial and Employment Districts. (a) Projecting signs shall not project more than six feet from a building nor within two feet of the curb line, and shall not exceed thirty-two square feet per face. (b) Signs in mixed use, commercial or employment zoned areas can have a zero foot setback. (c) Gasoline price signs shall not obstruct line of sight for ingress or egress and must be permanently anchored. Such signs may be freestanding or attached to canopy columns, and shall not be portable. The sign area shall not exceed twelve square feet and no more than one such sign for each street frontage is permitted. Gasoline price signs complying with this section shall not be included in determining the total sign area of a business. (d) Each business building shall display a street address number identification sign readable from the street. The minimum height of the street address numbers shall be six inches. (a) Freestanding, pole, ground, and monument signs and temporary or portable signs, which are not attached to structures, shall comply with the following size limitations: (i) For single occupancy buildings the maximum total sign area permitted shall be the greater of the following: (A) Thirty-two square feet, counting only one side of double- faced signs; or (B) One square foot for each lineal foot of street frontage for the first one hundred feet, and one-half square foot for each lineal foot of street frontage thereafter, not to exceed two hundred square feet of sign area per street frontage. No single sign face shall exceed seventy-five square feet. (ii) For multiple -occupancy complexes, each business shall be permitted a wall sign not to exceed one square foot per lineal foot of wall frontage to a maximum of thirty-two square feet; and if the complex has a marquee, each business shall be permitted one under - marquee sign. (iii) Signs along the city owned downtown marquee shall be consistent with the following standards: Ordinance No. 1741 Page 14 of 18 (A) The sign shall be constructed of wood and mounted flushed to the marquee railing. (B) For a parcel of property, the total signage shall not exceed 30% of the front footage of that tax parcel. (C) The sign is to be centered on the horizontal plane of the marquee and shall not extend above the top or bottom of the marquee railing face. (D) No sign is to have a right angle corner. The sign can be finished in a manner such as the following: (E) All signs shall have a professional appearance. (F) Signs under the marquee shall be placed to allow seven feet (T) clearance above the sidewalk. The sign shall be rectangular in shape, corner treatment as per paragraph (D), and shall be installed per city standards. An example of the sign is as follows: (G) Any movie theater with more than 150 seats is exempt from the standards of paragraph 3e(iii), concerning the city owned downtown marquee. (4) Community Facilities District. Signs within the Community Facilities District shall comply with the regulations applicable for Commercial Districts, unless the property has a city approved site plan specific signage plan. Ordinance No. 1741 Page 15 of 18 SECTION 23. 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 21. 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 twelve 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. (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 fifty percent appraised damage or deterioration. (3) A sign permit shall not be issued if the permit authorizes 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 title. 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 Ordinance No. 1741 Page 16 of 18 fair rental value, to the extent such evidence is available. The owner may appeal to the city council. Such appeal shall be filed within sixty 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 $1,000.00 or less ...................................... One year More than $1,000.00, but less than $10,000.00 .............. Three years $10,000.00 or more .................................... Five years SECTION 24. 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 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: (a) 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; (b) Whether the sign or signs promote the planned land use in the area of the subject property enhance the aesthetics of the surrounding area; (c) Whether the sign and its placement obstructs or interferes with any other sign or property in the area or obstructs natural scenic views; and (d) Whether the proposed plan is aesthetically superior to what could be installed under existing criteria in this Ordinance. SECTION 25. 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; and Ordinance No. 1741 Page 17 of 18 (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; and (c) The granting of the variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity; and (d) The variance will not be contrary to the spirit and purpose of this Ordinance. (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 26. Enforcement Procedures (1) The building official 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 hereunder 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 to the owner, to comply with the provisions of this Ordinance or remove the sign within forty- eight hours. Such notice shall be posted on the property and hand -delivered to the owner if the address of the owner is known to be within the City of Port Orchard. If compliance within forty-eight 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. This 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 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 Ordinance No. 1741 Page 18 of 18 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 rely upon the name and address of such owner which appeared in the records of the kitsap county assessor. SECTION 27. 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 28. Violations —Penalties. After the administrative warning period referred to in Section 26 (2b) 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 two hundred fifty dollars. 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 29. Repealer. Ordinance No. 607 is hereby repealed in its entirety. SECTION 30. Saving Clause. Ordinance No. 607, which is repealed by this ordinance, shall remain in force and effect until the effective date of this ordinance. SECTION 31. 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, PROVED by the Mayor and attested by the Clerk in authentication of such passage this 26th day Oc r, 1998. LESLIE J. W ATHERILL, MAYOR ATTES . Patricia Parks, City Clerk APPROVED AS TO FORM: City Attorney Sponsored . 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 October 26, 1998. ORDINANCE NO. 1741 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING ORDINANCE NO. 607 AND ESTABLISHING A NEW TITLE WITHIN THE PORT ORCHARD MUNICIPAL CODE PROVIDING STANDARDS FOR THE STRUCTURAL DESIGN, PLACEMENT, SIZE AND MAINTENANCE OF ALL SIGNS AND SIGN STRUCTURES IN THE CITY. Copies of Ordinance No. 1741 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. 1741 will be provided at a nominal charge. City of Port Orchard Michelle Merlino Deputy Clerk Publish: Port Orchard Independent December 2, 1998