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HomeMy WebLinkAbout3015 Interim Regulations - Sandwich Board Signs in Historic DistrictORDINANCE N0.3015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING AN IMMEDIATE EMERGENCY INTERIM REGULATION ON THE ACCEPTANCE OF APPLICATIONS FOR CERTAIN SANDWICH BOARD SIGNS IN THE CITY HISTORIC DISTRICT UNTIL THE CITY FINISHES THE PROCESS OF CODE REVIEW AND AMENDMENT RELATING TO SIGN REGULATIONS Recitals: 1. The City has been involved in a review of its sign regulations. 2. On April 13, 2009, the City Council approved first reading of draft Ordinance 3012 containing proposed amendments to sign regulations. The draft ordinance sets forth a partial history of recent City processes in reviewing sign regulations, including, establishment of an Ad Hoc Sign Code Review Committee, and Planning Commission review and recommendation to the City Council, and City Council review. 3. The City Council held a public hearing on proposed revisions to sign regulations on March 16, 2009. 4. On April 13, Council approved fast reading of Ordinance 3012, amending PTMC Chapter 17.786, Signs. A special meeting was set for June 29 to allow time for focused Council discussion and possible decision. 5. During public comment at the June 1, 2009 Council meeting, issues were raised regarding the current prohibition on sandwich board signs outside of the Historic District (the Historic District is the only portion of the City where signs of this type are currently allowed by permit). 6. At the June 29, 2009 City Council meeting, the Council considered the issue of sandwich board signs. Among other things, the City Council considered whether new sandwich board signs in the Historic District for businesses located on Water Street and Lawrence Street with street-level window display fronting those streets should not be allowed pending adoption of final regulations which might prohibit such signs. Draft Ordinance 3012 would prohibit these new sandwich board signs. While sign regulation review is underway, the City Council determines that new sandwich board signs in the Historic District for businesses located on Water Street and Lawrence Street with street-level window display fronting those streets should not be allowed pending adoption of final regulations which might prohibit such signs. Page 1 of 3 Ordinance 3015 8. The City Council may adopt an immediate interim regulation for a period of up to six months as long as the City Council holds a public hearing on the proposed interim regulation within sixty days after adoption (RCW 35A.63.220, RCW 36.70A.390). 9. The City needs additional time to consider properly and carefully an Ordinance on sign regulations, and to allow the ongoing processes to continue and result in a final regulation. 10. The City Council finds it is appropriate to preserve the status quo and to prevent the vesting of certain new sandwich board signs that are or may be inconsistent with the outcome of the pending planning effort and draft Ordinance 3012. 11. RCW 35A.63.220 relating to Code cities like Port Townsend, and 36.70A390, a section of the Growth Management Act (Ch. 36.70), authorizes the City to adopt interim regulations to preserve the status quo while new plans or regulations are considered and prepared. THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, ORDAINS AS FOLLOWS: Section 1. Interim Regulation; Amendment to PTMC 17.76.030E. For the reasons set forth in the Recitals (above), which are hereby approved, the Ciry Council hereby approves and enacts an immediate six-month interim regulation, which amends PTMC 17.76.030E relating to sandwich board signs in the Historic District (underlined in added, strike is deleted) SEE ATTACHED EXHIBIT A -INCORPORATED BY REFERENCE Section 2. Duration of Interim regulation. The interim regulation imposed by this Ordinance shall commence on the date of the adoption of this Ordinance. As long as the City holds a public hearing on the interim regulation and adopts findings and conclusions in support of the interim regulation (as contemplated by Section 3 herein), the interim regulation shall not terminate until six (6) months after the date of adoption, or the City Council determines to terminate the interim regulation, or the City Council adopts a final regulation superseding the interim regulation. Section 3. Public Hearine on Interim Regulations. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the City Council shall hold a public hearing on these interim regulations within sixty (60) days of its adoption. Immediately after the public hearing, the City Council shall adopt findings of fact on the subject of these interim regulations and either justify its continued imposition or cancel the interim regulations. Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Page 2 of 3 Ordinance 3015 Section 5 Declaration of Emergency. The City Council hereby declares that an emergency exists necessitating that this Ordinance take effect immediately upon passage by a majority vote plus one of the whole membership of the Council. Without immediate interim regulations on the City's acceptance of applications for certain sandwich board signs as set forth in this Ordinance, such applications could become vested, leading to signs that are inconsistent and incompatible with the codes eventually adopted by the City. Therefore, the interim regulations must be imposed as an emergency measure to protect the public health, safety and welfare, and to prevent the submission of applications to the City in an attempt to vest rights for an indefinite period of time. Section 6. Vested Rights; Development and Re-development. This Ordinance does not affect any existing vested rights. Section 7. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section S. Effective Date. This Ordinance shall take effect immediately after passage if adopted by a majority plus one of the City Council, and this ordinance shall thereby be designated as a public emergency ordinance necessary for the protection of the public 'health, safety, property and welfare. Otherwise this ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Publication of this ordinance shall be by summary thereof consisting of the title. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this sixth day of July, 2009. Attest: ~~~ ~~ Pamela Kolacy, MMC City Clerk Michelle Sandoval, Mayor Approved as to Form: ~~ t~ _ John P. Watts City Attorney .-~ Page 3 of 3 Ordinance 3015 EXHIBIT A E. Freestanding Signs. 1. Monument signs shall be no more than 12 square feet in sign area per side. 2. Pole signs are permitted only if mounted on two poles placed at the outermost sides of the sign face. 3. Sandwich board signs may be placed upon a public or private sidewalk 'subject to the following restrictions and requirements: a. Written permission must be obtained from the owner of the property in 'front of which the sign is to be placed. b. Signs may be placed near markings separating parking spaces, but not '.within a crosswalk and not closer than 15 feet from the intersection of the extension of 'the curb lines (edge of curbs on the vehicular traffic side) of each intersecting street or !from another sandwich board sign. Exception: Up to three sandwich board signs may be' '.placed on the sidewalk of any street which intersects Water Street when placed '.adjacent to but not obstructing the crosswalk adjacent to Water Street. c. Maximum sign area is eight square feet per sign face; maximum sign 'width is 30 inches; maximum sign height is four feet; minimum sign height is 30 inches. d. Signs must be placed at least 30 inches but no further than six feet from !curb, or if placed adjacent to a building, no further than three feet from the building line. Exception: Signs may be placed within 12 inches of the curb line wherever parking is prohibited in the adjacent street. e. Signs may not be placed closer than 12 inches from any tree grate or other planting. f. No sandwich board sign may be placed within the historic district which advertises a business or premises which is located outside of the historic district. g. The sign area of each sandwich board sign shall be included in the total allowable sign area calculated pursuant to subsection A of this section for the premises in which the business advertised is located. Exception: The sign area of tour assembly Page I of 2 Ordinance 3015 Exhibit A ~.~ s~&~15 signs erected pursuant to subsection J of this section shall not be included in the sign area calculation of any building. h. Continuous proof of liability insurance must be provided naming the city las additional insured in amount and policy provisions as approved by the clerk-treasurer'.. of the city. ', i. Each sign must be of sound construction and designed to the satisfaction of the director to withstand high winds. j. No more than one sandwich board sign may be erected for each business. '.advertised. k. The intent of sandwich board signs is to help identify businesses not at 'street level andlor on Water or Lawrence Streets. Sandwich board signs for businesses located on Water Street or Lawrence ', Maximum one sandwich board sign per building entrance. In the case of multiple tenants it is the responsibility of the property owner 'or manager to ensure that multiple spaces are accommodated on the signage. 4. No other pole signs, portable, sandwich board, sidewalk or other freestanding '.signs are allowed, unless expressly authorized herein. Page ? of 2 Ordinance 301 ~ Exhibit A