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HomeMy WebLinkAbout3012 Sign CodeOrdinance 3012 Page 1 of 3 ORDINANCE NO. 3012 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE CHAPTER 17.76, SIGNS WHEREAS, City Council appointed a Sign Code Review Committee on May 1, 2006. The fifteen selected Committee members included two representatives from the following commercial azeas of Port Townsend: Uptown, Downtown, Fountain District, Upper Sims, and Kearney to the SafewayBoat Haven azea; one representative from the following: the Port of Port Townsend, Historic Preservation Committee, Planning Commission, a citizen at large, and an Elected Official who is also a member of the Community Development and Land Use Committee.. City staff was comprised of the Planning Director and Land Use Development Specialist; and WHEREAS, the Ad Hoc Sign Code Review Committee met monthly from May through September 2007, tasked by the City Council to evaluate amendments to the existing sign regulations; and WHEREAS, on October 9, 2007, the Ad Hoc Sign Code Review Committee presented its recommendations to the Community Development and Land Use Committee, and the Community Development and Land Use Committee recommended the Planning Commission have an opportunity for review and input; and WHEREAS, the Planning Commission discussed the Ad Hoc Sign Code Committee recommendations during regular Planning Commission meetings from October 2007 to May 2008, and held Public Hearings on Apri124 and May 22, 2008, and a meeting on June 26, 2008, and provided additional recommendations to the City Council; and WHEREAS, the City Council previously held workshops on July 14, 2008 and September 8, 2008 to provide a general overview of the key sign-related issues as identified by Council, the Ad-hoc Sign Code Review Committee and the Planning Commission and proposed approaches that have been developed to address them; and WHEREAS, on March 16, 2009 the City Council held a Public Hearing to review Planning Commission recommendations and City Council comments integrated into the March 9 draft revision of PTMC Chapter 17.76; and WHEREAS, the City Council further discussed sign-related issues and proposed revisions to Chapter 17.76 on April 13, 2009 and June 29, 2009; and WHEREAS, the City Council reviewed a proposed new section of PTMC 17.76 regarding Sign Standard Departures during the Workshop on July 13, 2009; and Ordinance 3012 Page 2 of 3 WHEREAS, the City Council on July 6, 2009 adopted Ordinance 3015, 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, and held a Public Hearing on August 3, 2009 and extended Ordinance 3015; and WHEREAS, the City Council on August 3, 2009 recommended that the Community Development and Land Use Committee provide direction on Off-Premise Sandwich Boazd Signage, which the Development and Land Use Committee discussed during its September 17 and October 8 meetings; and WHEREAS, during its October 8, 2009 meeting the Community Development and Land Use Committee requested Staff develop a Pilot Program for Informational Signs on Sims Way from Kearney Street to Haines Street, and staff presented a draft program during the November 19, 2009 meeting which was further discussed during the December 10, 2009 meeting; and WHEREAS, the City Council discussed the Communty Development and Land Use Committee recommendations regarding Sandwich Boazd Signs within the National Landmark Historic District, Sign Departures and a Pilot Project for Sims Way Local Information Signs during the March 8, 2010 Council meeting; and WHEREAS, the City Council during the Regular Business Meeting on July 19, 2010 considered a draft of Ordinance 3041 regazding Interim Upper Sims Way Coordinated Signage Standazds, which City Council approved on an interim basis; and WHEREAS, the City Council held a Public Heazing on August 9, 2010 regarding amendments to the Sign Ordinance and Adoption of Interim Requirements for Signs in the Upper Sims Way Right-of--Way. At the conclusion of the Hearing, the City Council moved to close the Public Hearing, and approved first reading of Ordinance 3012 amending the sign code (PTMC Chapter 17.76); and WHEREAS, consistent with the requirement of the Growth Management Act, staff provided notice of intent to adopt the proposed amendments to the State of Washington Department of Community Trade and Economic Development (CTED) for review and comment prior to the adoption of this ordinance (RCW 36.70A.106). CTED responded August 6, 2008, informing the City that expedited review was granted. No substantive comments have been received from CTED prior to the adoption of this ordinance; and WHEREAS, On June 11, 2008, the SEPA Responsible Official issued a Determination of Non-Significance on the Proposed Amendments to the Sign Code; and WHEREAS, the City Council on September 7, 2010 approved adoption of Ordinance 3012 amending the sign code (PTMC Chapter 17.76) as set forth in this ordinance; and Ordinance 3012 Page 3 of 3 NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. Chapter 17.76 Signs of the Port Townsend Municipal Code are amended to read as follows (text in strikeout is deleted, text in underline is added): See Attached Exhibit A (incorporated by reference) SECTION 2. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances, is not affected. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided bylaw. Adopted by the Ciry Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 7th day of September 2010. Attest: Pamela Kolacy, MMC, ity Cler r ci h , t~'.~-e~ Michelle Sandoval, Mayor Approved as to Form: John ~. Watts, City Attorney Exhibit A Ordinance 3012 Page 1 of 37 1 Chapter 17.76 2 SIGNS 3 Sections: 4 Article I. Statement of Purpose 5 17.76.010 Statement of purpose. 6 Article II. Regulations 7 17.76.020 General provisions. 8 17.76.030 Definitions. 9 10 Article III. Sians Exemot from Permits 11 12 4979 17.76.040-;~e;~.;s ians exempt from oermits. 13 8 17 76.050 Special exemption -Grand opening signs. 14 15 16 Article ltl IV. Special Category Signs; Prohibited Sians 17 ".'~9 17.76.060 Special category signs. 18 X76-09A 17.76.070 Prohibited signs. 19 20 Article V. Sian Guidelines by Zonina District 21 22 A-7:75:038 17 7 .0 National Historic Landmark District. 23 4040 17.76.090 Residential districts (R-I, R-II, R-III and R-IV). 24 9 17.76.100 Mixed use, commercial, and public, park and open space 25 districts outside the National Historic Landmark District (C-I/MU, C- 26 II/MU, C-1, C-II, C-II(H), C-III, P/OS(A), P/OS(B), and P-I). 27 4-~-7~-:868 17.76.110 Marine-related and manufacturing districts (M/C, M-I, M-II, 28 M-II(A), M-II(B) and M-III). 29 Article ~. VI. Permit Requirements 30 ".'~.9 17.76.120 Permit -Required. 31 ".'T,--~~ 17.76.130 Permit-Application. 32 47--76:48 17.76.140 Permit -Fees and approval. 33 ".'~0 17.76.150 Permit -Identification -Permanent sticker. 34 Article ~ VII. Administration and Enforcement 35 ".'T--r6~o 17.76.160 Variance. 36 4~6:46817.76.1701nterpretations. 91d-Text New Text .,~alr!~.t~Xt.fL4ID.l?~6DltlRRS.SgGIIRIl.17..Q$. Exhibit A Ordinance 3012 Page 2 of 37 1 ^'.'~~ 17.76.180 Enforcing official -Powers and duties. 2 48 17.76.190 Removal of signs. 3 4~-7699 17.76.200 Nonconforming signs. 4 1-X7§:288 17.76.210 Liability. Article I. Statement of Purpose 6 17.76.010 Statement of purpose. 7 A. The city council finds that it is necessary to regulate signs in the city to help 8 assure that Port Townsend is a safe and attractive place in which to live and to 9 do business. 10 B. Measures taken in this chapter to achieve this purpose reflect the city 11 council's consideration of: 12 1. The vantage points of pedestrians, motorists, cyclists, visitors, residents, 13 and occupants of homes, shops, other buildings, and real property; 14 2. Safety through care in placement, sizing and illumination of signs so as to 15 avoid visual clutter, distraction or obstruction of vision of pedestrians and 16 motorists, or obstruction of rights-of-way; 17 3. Communication between businesses, organizations and the general 18 public; 19 4. Economy for those erecting signs, or maintaining or modifying already- 20 existing signs, through care in specifying style and construction; by reducing the 21 need to replace signs which might become obscured by unnecessarily large 22 neighboring signs; by providing adequate time to replace signs which do not 23 comply with the new standards; by protecting property values; and by preserving 24 the community character which attracts visitors and new residents, and sustains 25 business development; 26 5. Aesthetic benefits to business districts and the community at large 27 through consistency in style, placement, and scale and harmony of signs with 28 buildings, natural settings and other signs; 29 6. Compatibility of signs with the architectural and historical qualities of Port 30 Townsend; 31 7. General public health, safety and welfare; and 32 8. Fair and consistent enforcement of these sign regulations. 33 C. The people of Port Townsend are proud of its nNational #Historic Landmark 34 dDistrict. Our national government declared Fort Worden and the district as two 35 of the few national hi ri landmarks in the state of Washington. The National 36 Trust for Historic Preservation has assisted the city with a sign provision for the 37 historic district. Specific guidelines for signs were included in the Field Report on 38 the Water Street Historic district, National Trust for Historic Preservation, 1974. 39 The city council finds that special sign regulations are required to preserve and 40 reflect the historic character of the nNational #Historic Landmark rtDistrict. 41 D. The city council intends that to the fullest extent authorized by Chapter 42 47.24 RCW, now or as hereafter amended, the provisions of this chapter shall 43 also govern within any street, bridge or wharf which also forms a part of any state 44 highway in the city. In addition, the provisions of Chapter 47.42 RCW, the 91d-text L~le`e~Isxt .St3t??~.t~xtfL4111.!?efP.tli4~5.S~4lIQ[1.~.7..R$, Exhibit A Ordinance 3012 Page 3 of 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Highway Advertising Control Act-Scenic Vistas Act, now or as hereafter amended, shall not authorize erection of any sign contrary to the provisions of this chapter. (Ord. 2571 § 2, 1997). Article II. Regulations 17.76.020 General provisions. The following provisions shall apply to all zoning districts and to all signs regulated by this chapter, subject however to the specific regulations in each zoning district: A. No sign shall be erected, caused to be erected, or allowed to remain erected except in compliance with all the regulations established in this chapter. No owner or lessee of any real property located within the corporate limits of the city shall knowingly allow any sign to be erected on any such property in violation of the provisions of this chapter. No person shall take any action intending to, or having the effect of, circumventing the purpose and intent of this chapter. Sian B. Signs within the National Landmark Historic dDistrict subject to design review as provided in this title must obtain approval of the historic preservation committee before a sign permit may be issued. C. Safe and Secure Installation. As Dart of the sian hermit application th~~igns, sign structures and bracing systems ~_re sl~be designed and constructed to support the weight of the sign and the vertical and lateral forces which may occur from winds, snow or seismic activity. For signs on buildings these loads and forces shall be transmitted through the structural frame of the building in such a manner as not to over stress any of the elements of the building or sign structure. The working stresses of wire rope or its fastenings shall not exceed 25 percent of the ultimate strength of the rope or fasteners. Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto with metal anchors, bolts or approved expansion screws of sufficient size and anchorage to safely support the loads applied. No wooden blocks or plugs or anchors with wood used in connection with the screws or nails shall be used, except in the case of signs attached to wood framing. Materials of construction for signs and sign structures shall be of the quality and grade as specified for buildings in the International Building Code as adopted in PTMC Title 16. All electrified signs shall be designed, installed and inspected in conformance with the National Electrical Code. 13: E. C{earance and Sight Distance. Marquees, canopy signs or projecting signs which project over areas where .motor trucks may be required to pass 91d-~exE New Text $gmg (eXkff.Qlf!.P..gfDlliQ4.S.S@GIiS2n 174$, Exhibit A Ordinance 3012 Page 4 of 37 1 beneath them shall maintain a minimum vertical clearance of 15 feet. No 2 marquee, canopy sign or projecting sign shall project closer than two feet 3 from the curb line of the street. All marquees, canopy signs and projecting signs 4 must maintain a minimum of eight feet of vertical clearance over pedestrian 5 ways. New freestanding and portable signs shall not be placed within a 6 clear vision area at the intersection of any streets, alleys or driveways. This 7 distance is typically 15 feet on either side of the intersection. 8 ~ F_Light and Glare from Signs. The light source for externally illuminated 9 signs ~°~'~~°,,,~t-h^"mss shall be no farther away from the 10 sign than the height of the sign and shall be downward facing and shielded so 11 that direct rays from the light do not spill-over onto abutting properties or 12 roadways or into the night sky °~h'° °^'•• ^~ "^^ '^' .••~°•° Fh° ° 13 14 essaF (Ord. 2867 § 2, 2004; Ord. 2571 § 2, 1997). 15 16 17 :;Abandongd,sign:'..means„a, sign.that„no„Ignger,correc~ly, identifies,. exhorts,..or 18 advertises„any person, buslpgss, ,lessor, , Igssee, owner, prgduct, or„activity 19 ognflucted„or, available on, or„off the„premrs~s, on whrch,.such, sign rs„located, 20 Abandoned sions are PROHIBITED. 21 22 :;Ad„vertjsng°,,, means,,.any,,, display,,. of...lgtters,,,numerals,,,,character~,,.. words, 23 symbols, emblems,,lllustratrons, ob~ects,or,registered,trademarks,whichserve,to 24 oall.,tg„the„attention„of the„P4blic„prgdycts,,,services,,, businesses,,,bulldngs, 25 gremises,,events, candidates,or ballot,proposltions, 26 27 ::Adv„ertising„v„ehicle':,mgans any,,vehicle,or,trajlgr.ysiblg,from,a_publjc,right;of: 28 way which has attached thgreto or located thereon any, sign qr„adyertlsrng device 29 fqr. the purpose of,prQyiding, advertlsemont, of, products Qr, dlrerting„people, to, a 30 t~usrness ,or„ act!X!ty.. located„ on„ the„same„or„nearby ..property or„any other ....... 31 premisgs; 32 33 :`Awnng,sjgn;,sge,~C~,anopy, sign;, 34 35 ;;Banner,,,d,~coratiye;;,,means.. an„object, made of„multicolofed„cloth;, fabric„or 36 similar flexible materia{ whrch,displays,abstract or„repfesentatronal forms„and 37 which, is completely,,devgid.,of,letters,,ntambers,, worfis. oradvertising;, Streamers 38 shall not be,considergd decorative banners„ 39 40 ;;Banner,sign';.meansany,sign.ntended„to.be,hung, with,or,withoutframing,,,and 41 ppssessing,ch~racters, Igtters,,symbols, emblems, irademarks,,.illustratrons,,,or 42 ornamentations applrgd to fabnc or. slmjlar, flexjble matenal,..Flags, streamers, ........ 43 decorative.banners,canopy,signs,.and,temporary„signs,,trgated elsgwhf:re,ln.thjs 44 title, shall not be considered banner signs, 45 91d-~e~ flew Text .Si~S!?g.t@Xx.fL9ID.4&f19111R4.~.S~CUS2[1.17..Q$ Exhibit A Ordinance 3012 Page 5 of 37 "Bench, sign;', claques are PROHIBITED. 4 5 ;;Billboar¢,sign",mgan~„any,,,qu#door,sign„gontgning„adyertisir~g„which„is„not 6 relatgd to„eny,ueQ pr,activity,,on the.premises on„yyhich,thg,sign,ig,located,,but,not 7 inQluding, , dlrectional,,,signs,,,as deflnecj in,,, this , title, Billboard signs are 8 PROHIBITED. 10 ;.Cangpy;,,means a„temporary„or„fixed shelter„s4ppprted„gr?tirely,,,frgm,,,the 11 exterior wall_Qf a building without gther,means,pt support, to the„ground„For,the 12 purppses Qf this title,,;;canopy;'„ehall ngludg; :awnipg;;; 13 14 ;.Cangpy, sign';,rneans,eny,sign,gfected,upgn or against,a canopy,pr,awning;, 15 16 "Changeable Insert sionaae" means a monument or double-Dole sign with 17 changeable copy for available items. such as fresh seafood. 18 19 ;;;Cpmmem,Qratiye,plague°,means,a memprial,piague,,sjgn,,platg, or tablet,vrhich 20 is„pgrmangntly Qfflxe~1„tQ or, ngar thg,structurg,,ob~ect,or,event,it,is intended,to 21 commerl7Qfatg and whjgh displays no ad„verti~ng; 22 23 ;;CgmmerFial„ use;;,,rrlgans, the ,use„of„any„strgcture_,Qr_,proPefty, for, a„purpose 24 directly rglated to, the,selg„of,ggod~,, the fymishing of, services, of any„kind,,_or 25 used,ln con~unction,with the,ad~acent,llttoral commercial,property„ 26 27 "Community announcement sign" means a sign erected or authorized by the 28 city on or over public right-of-way. 29 30 ;;Communty,gvent„sign",mgens,an,informational„or,dirgptional„sign,pertainng 31 explusively,to,a speplfic upcomm9,evgnt sponsored by„a,governmgntaj„entity„or 32 nonprofit,organization and held within a public facility. 33 34 ;.Cpnstrugton,sign"„mgans,a„sign,which„is,tempgranjX„ergcted,_on„Pl;emises 35 undgrgoing,,,,cgnstruction „and which identiftgs the,,, architect, „enginegrs, 36 cgntractgrsL,suppliers,pr,other,ndividuals.or,frrgs,myolved,wjth,the,constructon, 37 or anno4nces,the character of the b~jldng or enterprise;, 38 39 ;:Directional,sign;;,means, a, sign, which_cgntans„specific, dirgctional,nformation 40 ancj,contains no adverttsng; 41 42 ;:Drectory,sign;; means, a,sign,which,displays exclusive~y,the, names,, logos„and 43 locations of ocQupants,or uses,of a building pr,cQmplex, ,which,inclgdgs,,~ut,may 44 ngt,be limited,tg, signs for office, pulldings, church dirgctorigs and signs fgr,malls, 45 arcades and similar,commgrcial buildings No„advertising,other,than the,name, ..... 46 logo,anct,locations of occupants or uses,is,jncluded; end-4ext r wTe ,dame.text.fr.4ln.t?etiniEivns.Se4~kiRn.17..46 Exhibit A Ordinance 3012 Page 6 of 37 '~I in h*'nn n.1'r^n*rr " r sjmilar,fixtures, ;;Flag';,, means„the„pffgially„recognized., symbol„Qf„a,,,goyernment„jurisdiction displayed on, cloth or,simllarflexible fabric;,See "Streamer' for other Haas 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 or svgitches, qn, and, off„n,a, rgpetitive, motion„or,the, optical, jllusion„gf, motic See„also,;;P,QIe, sjgn;;', ;;Grand,pPerZing';,eans, the, celebration, or,prgmotignal,period, beginning„on„or shortly after„the date, when„a, new,,,,permanent business or, use„is open„for buslr)ess In, a„permanent, fixed, building„ Grand„opening,events,must l2e,related more;,,change„of„ownership;,, or„change„pf„namg;,,Grand ooenina signs are exempt from a Sian permit and allowed for 15 calendar days. "Identification sign" means the name and/or address of a private or public use ,,,;;Illuminated, sign;;,means, any„sign, illuminated„in, any„ manner, by, an, artificial light source;, "Incidental„aign';,,means,a,small,,, ngn, illuminates(, nfQrmatign„sjgn, twg, square ....... feet,or less,ln, ar@a,which pertalr2s,to,gogc~s, products, services,or,tacdities,which are, available„Qn the,prgmises,where,the„sign, occurs,, and intended„primarily„fpr the,convenence of,the,public whilQ on, such premisgs, .:n*orn^~ ""^~*~^^ ~ , ,,,,, , , "Internally illuminated sign" means an„jndirect,, concealed light.soprce, which, is, recessed, or, contained, within„any,element, of a,sign, ,public,pr,private property; by,,,the 91d-~e~E N~T~Xt .$~R1~.Le?S1.f~R!?!.l?gtJP.ltlQ0.~.S.gGSl42R.1.7.,4$. Exhibit A Ordinance 3012 Page 7 of 37 ;Mgnurpent, sign;;,means,a„ground; rglated,,frees#andit}g,sign,whch, is, att~chgd to,#~e,ground, or to, its base on,grade by,a ~Qlld,sign strucE~irg and which„~trugture ...... extends from, the,grorind, or bane to the sign face,at the satne,pr,greater uvrdth, as the,sign facre; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ,least, two business, with, separating walls, and, at,lest, gne,outsde,access,for,each, business which,shares,a cgrnmon lot access and/pr parkingfacjlity;. ;;Multiple;tenant„building';,,means„a,. single„structure„ housing„ mare„than,,,one bta,,sines„pr„ggerlgy,whiph,does not„Incorporate,a separstq,qutsldq access, for each,gnterprrse, but,no#,including, residential apartment buildings; illuminate4l„solgly„key„glass, t4bes,,fillgd„t?y„nggn„ges, or,eguiyalent„light,emjtting gaseous elements; :;Nonepnfgrming sign;;,mean„s any, sign,n,eXistenpe within, the city,on,thg,date,of adoptign o#,th~ grdrnance,cp¢ified,in,this,Ghapter, or located, m an,area,annexgd to, the city, thereafter,which,dogs not conforrli,wrtti,thg„provisions,of this, chapter, ....... biat,which,did„cgnform,to all, applicable,laws m effect on,the date the,sign,was originally erected,,,,proyided,,,however,,tha#„any,such„sign,which, is,withrn, 120 percent, of, the area, and height dimensional, limitations set forth, in this„chapter . ..... .......... and, otherwise, fully„Conforms„with this„Qhapter, shall, be. deemed„a„conforming sign; ;Oytdogr adyertsng,dsplay;', mgans,a sign. of any,knd„gr,character whatsoever placed for outdoQr,advertrsrng,purposes on thg„grQrin~l or on any,trge,,wall,, bush, .... rgck,,,pgst,,,fence,,,buildng,„structure„or,thing„whatsoever.,,The„term "placed" manner,whatspever, 9'-~ ~I~xt .,~gC!l~.t~XXff.4m.AefinlS't9!?S.$eGSJS2n.1.7.:Q$ ;Off,„-prgmisgs, sign;;,means a, sign, relating,,,#hrough,its, message,and,content,,to Exhibit A Ordinance 3012 Page 8 of 37 ::Pole„ sign;,,,,means„ any,,,, reestanding,,,sign,,,cQn•iposed,,, o,,,,a,,, sign,,, cabinet, backboard frame gr base and the,visible,slgn pole, or,pylon, by which it,connects ...x.. ............. to thg,groun~i,;,,Single,pole signs are,PROFiIBITED,., ;;Poli#,icel„sign;'„means any,,,sign„which,.serves„tg„nfluencg,~„is„intended„to ........ influen,~e,,gr,appears,to be otthe typg,vvhich,i§, commonly, erected, to mfluence,an election orballot,propgsiton; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 °Portable, sign;;, means„any., xt~movable, sign,,,such, as„a„sandwich„b,Qard sign,,vvhich, is,capable, of being, moved, easily„and is, ngt„permanently, affixed, tg thg,ground„or,a structure,or,bgilding. See "Off-premises Sian" and "Sandwich Board Sian". ;`Primary, ~strget, frgntagear~", tha#,?^ «"^ °,•°^+ «"° ...^:^ °^«^• if the principal building,is,logated,on,a,corner,e# +L.° L.utl.+inn nr n dll° ^+M°r +M..n .. .~'.J° ud+inF~ ~,hn+n ° "°mril.. +.... ml°~ street„primary„strut,frontage, shall,bg,determine~#,^° "«"^ .„°;^ °^«^• •.•°,° ^^ ;'Principal ~~ujlding„si@aj';,means a fully„enclosed,and„roofgd,structurex,pr ....... pprtjgn,thereQf in separate, oyungrship,,wh~h,hogses tj~e,pnmary,uses of, at least one,,,business,,,,residence „or,,,other,,,establishment,,,,Accessory, bulldings,,,pr outbuildings,arg nqt, included,jn,this definition. ............... ,;;Projecting, sign;;,means,an,pff,„-premise, sign, which„is,attached, tg, and,pro1ects from„a structure, wall„pr bullding facg,f4rther„#han srx,inches,,,Sians located on awnings and valances are considered to be oroiectina signs. s;Fteaderboard"„means, that„portion„of , a„sjgn, on„which„ copy„ may„ be„easily "Real estate caravan tour sign" means a portable Sian erected by a real estate company on the day of the tour to direct realtors to real estate locations. "Real estate sign';,means,a„pgrtat2le,or,freg~tanding,sign.ergcted,by,the,owner, ........................ or, his/her, agent,,,adgertising„the, real, estate„aeon, which, the, sign„is„Igcated„for rent,, lease or sale;, ead-~e~t I~Iext ~am~.texi.from.4eFniki4ns.SecSiQn.?.7..Q9. Exhibit A Ordinance 3012 Page 9 of 37 ;.f2evolying, sign';„means, a„sign, which, rotates, or, turns„in., a„cjreular„pattern; Revolving signs are PROHIBITED. ;;RQof-mounte sign°. means a. sign, ereoted,upgn.or,above,a,roof of, a. building or,structure;,,,R of-mounted signs including any signs painted directly on the roof surface are PROHIBITED. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 portion, thereof,,,other..than,,,a„flag„or right ;of ,w~v oPen,to the.public; ;;Sign area';, mgans,the„entire, area,pf. a,sign, on. which, the, copy„is, to, be„placgd combinetion,.thereof,thgt, will„enoQmpass, the. extreme„limits,,,gf, the, advertising copy,,, togeSher wlth,,,any material , or,_color„ fgrmrng„ an integral part„ of,.the bracing,, arghiteFtural„embellishments„or, decorativ„e,featrtres_ or,fgnces„or, walls which contain„no written copy or othgr,ac~vertising arid, when,any_such,fenceS.9r walls otherwise meet the regulrements,pftMs trtle.and,arg,clearly, incidental,to,the display itself; ;;Sign, f age;'„means„any„surface, of, a, sign, upgn which, there. is, letteCing,or, othgr advertising,, ;;Sign,height';,,rpgans, thg,ygrticat distance from.,grade,to,the, highest„point. of, a sign or any,pro~,action, thergof; ;.Sign, struct4re;', means,any,structure, whigh„sgpports or is cagablg. of,suppgrting any„sign as,defined.ip,this„chapter„A„sign strugtgre,may,be,a„pole or,poles,,or shall notbg,considered,a,sign,struptrire, Bid-text N_'w 1St .fig[fly.t~?RTf.Qlll.l?~fA1tlR~S.$gGXl90.~.7..Q$ National Historic Landmark District are PROHIBITED. Exhibit A Ordinance 3012 Page 10 of 37 aoHlicable to the use of the arooertv where the sign is located. Snipe signs are PROHIBITED. "S ore front" means a commercial use with an individual public entrance that fronts on a street. device,gQns~ting,of twp,or,mgre flags 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ;;Street frontage;;,means, a,side, of, a,buildng,which,contains an entrance, open ............. for,public use and which side„elso facga, an abutting ~~reet, °Symbgl„ sign;;, means, a„projecting, sign„ consisting„ exclusiyely,,,pf, a„ sym¢gl, pictura pr,ob3e~t,y,~{3iph„rapr~sen~,s,the„$pep„rfi~,prgdugts,or serv„icgs availablg,or? tha„premisgs,, and„ which,,,sign does„not include ,any„ lettgring, numerals„or rggistered, trademarks;. :.Terrlpprary,sign°„means,anX,sign„or.adverti~jr~g,display„constructed of cloth canvas,,,ljght, fa¢ric,,,paper,, cardboard, or,other, light„m,~terials,, without, frames, .. ... 4. ..... . cons{dgred, tempgrary, signs;, ;;Trailer„sign'; mesns,a sign, used for advertising,purppsgs,Mounted,on,a vehicle normally„licensgd„by, the,state„a~„e„trailer;,,,Sians larder than two square feet in „'Wall sign';,means a,sign,which,g,attached„parallel,to,,and,within,six,inches,of, a„wall, which„Is,supported„¢y„and confned within the,limits,of,such,wall,,,and which displays,only one sign, sg„rfacg;, :.Window, sjgn';, means, a, sign„Rlace~i„upgn, the, nterior,or, exterior surface of, a . ................................. Article III. Signs Exempt From Permits 44 ~".'T,-.~'~ 17.76.040 €xen~gtier+s fans exempt from Hermits. 9Id-4ext ALe~T~xt .$.sl!?1~.k~?d.ff.4.~!?.Rt:fi!ll1l9RS.StiG11QC!.1.7..Q$ Exhibit A Ordinance 3012 Page 11 of 37 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 The following types of signs are allowed in all areas without a sign permit. These exemptions shall not be construed as relieving the owner of any sign for the responsibility of its erection and maintenance, or for compliance with the provisions of this chapter, or any other law or ordinance regulating same. B. Community fundraising signs pertaining to a specific proposed public construction project or fundraising campaign; provided, that only one such sign shall be erected at a time, the sign area aiay shall not exceed 32 square feet, and the sign shall not be displayed for longer than two years or the conclusion of the project or campaign, whichever occurs soonest; C. Real estate signs with permission of the owner limited to one sign of four and one-half square feet maximum area per sign face on each parcel of property offered for sale in residential zones. In other zones, one sign is allowed up to 16 square feet per sign face on each separate parcel of property offered for sale. Larger real estate signs for future projects or those under construction are considered proiect signs and must apply for sign permits. Each real estate sign must be removed no later than five business days after closing of sale of the property advertised. Closing of sale shall be considered the date of recording with the Jefferson County auditor. 1. Off-premises real estate signs are not permitted. Exception: Real estate signs advertising an open house or real estate caravan tour may be placed off- premises if: 4- a. Placed ; on the propertv on which the sale is held and/or in nearby public rights-of-way: b. Signs are no larger than three square Feet per sign face; and c. Displayed for no longer than he day of the open house. #eur 1=vncnfinn• nff nrcrr.in r rcnl nnfnfc n d+stris~ 2. Real estate signs are not permitted within any public right-of-way; Ald-text A1Q~T~xs ,,~~Cl1~.k~?d.ff.Gl1].(?gfinltlQRS.S~GklQ0.~.7..Q$ (` 'f ..nnf .. ..nn if n_ In nor 4h^ _ n .n rc fcci nor c'nn f~nc ~nrl v n n. .~ #L.~ ., cnf• nmv'dcrl M.....c..cr 4L.^f fMc I__nfinn of .. •. nn ~fn he nln ncr/ in Exhibit A Ordinance 3012 Page 12 of 37 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 9- E. On-premises or on-vehicle incidental signs not exceeding two square feet each; F. On-premises directional signs not exceeding six square feet, the sole purpose of which is to provide for vehicular and pedestrian traffic direction and which display no advertising; G. Political signs, with permission of the owner erected on private. property up to four and one-half square feet per sign face in residential zones and 16 square feet per sign face in other zones; provided, that political signs shall be removed within 10 days after the final election involving the candidate or ballot proposition advertised by the sign; 6: H. Temporary construction signs limited to a total sign area of ~ 16 square feet per construction site, displayed no longer than one year and removed no later than 10 days after completion or occupancy of the project; larger sians are considered oroiect sians and require a sign hermit. ##: I. Traffic, directional or informational signs lawfully installed, or required to be installed, by a government entity; provided, that in the event of any conflict between the provisions of this chapter and the provisions of any applicable state law, the provisions of this chapter shall govern unless expressly preempted by the laws of the state; 1- J. Signs not intended to be viewed from, and which are not readable from, a public right-of-way; d: K. Window merchandise display; L. Flags of the United States, the state, the city, the county, foreign nations, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction; provided, that such a flag shall not exceed 60 square feet in sign area and shall not be flown from a pole the top of which is more than 40 feet in height. Such flags must be flown in accordance with protocol established ^'a~.°~" New Text .~gRt~.tCx>,.fr.4!!!.A~fA1IlP.[LS..,S.~4X1Dg.~.7..P.$, Exhibit A Ordinance 3012 Page 13 of 37 I by the Congress of the United States far the Stars and Stripes. Any flag not 2 meeting any one or more of these conditions shall be considered a banner sign 3 and be subject to regulation as such; 4 ~ M. Decorative banners if no more than five per each premises; 5 N~ N. Legal notices required by law; 6 N- O. Barber poles; 7 8: P. Grave markers; 8 R G1_. Incidental, non-illuminated signs identifying small specialized community 9 service structures, such as phone booths, public transit shelters, and collection 10 containers for used goods or recyclable materials; 11 4 R. Incidental, non-illuminated signs placed on the inside of windows limited 12 to three per storefront; 13 ~ S Non-illuminated informational signs pertaining to motor fuel which are 14 affixed to the surface of fuel pumps, but not including signs projecting from the 15 -sides or top of such pumps; 16 ~- T. Temporary signs limited to d+splay 15 days in a calendar year; including 17 cne temoorarv banner up to 32 sauare feet disolaved uo to two times in a 18 calendar vear. 19 T- U. Lettering or symbols painted directly onto or mounted magnetically onto 20 an operable motor vehicle operating in the normal course of business; provided 21 no part of such signs shall project higher than the roof surface of any such 22 vehicle other than franchised delivery vehicles, buses or taxis; 23 ~ V. Signs attached to franchised delivery vehicles. buses or taxis; (~ 'll ..+..rl h.JL.H.. hrv.. rrl nrvf Irv river +hnn 17 crv n.~re fec+ in ~rca 24 ~ W. 0,,.3-non ~~~am~ ...._.._........_._.._.._.~_...._...--~--•- •---... _.__ 25 26 ; Uo to six sauare feet of Sion area for temoorarv uses 27 aooroved through PTMC Chanter 17.60; 28 ~ X. Mural signs within the National H#istoric Landmark dDistrict in 29 existence on !insert date of 2010 adoption) +he effe..+;.,e .+-,+e ..f +he „ra;...,.,,,e 30 31 ~ Y. Non-illuminated religious symbols mounted on church premises. 32 Z. ~n oermanent. wall-mounted identification sign ua to three sauare feet in 33 sign area oer street frontage for each residential building. (Ord. 2571 § 2, 1997). 34 9 Z~4~4 Special exemption -Grand opening signs. 35 A. Grand ooenino 36 signs may be displayed on the premises uo to 15 days in a calendar year without 37 a SI n ermlt. ^^'~ r rv..l.++~..nc ..,+h ~ .,e..+ +_ .... .° rrvrvf nl.~nemenr c'rvn 38 h ~~. h+ .....+ +...... rvf ..irvn...+ 0 4emr~rv r~rih. n c.r~enricr+ r .. 39 6. All other regulations provided herein and not expressly suspended by this 40 section shall apply to grand opening signs. 41 C. The provisions of this section may not be applied to more than one grand 42 opening event at any business location within any 12-month period; provided, 43 that each separate business location within amultiple-business complex shall be 44 entitled to a grand opening event separate from a grand opening event for the 45 complex as a whole. (Ord. 2571 § 2, 1997). 91&~ext Z~eaJ~2St ,$a[Cl@S~xt,frQrq,Qgfi~lSlQ!?S.S~GSIRR ~.7.~.Q$ Exhibit A Ordinance 3012 Page 14 of 37 Article IV. Special Category Signs; Prohibited Signs 9 10 F +hn InL .. nr! +n i.lnn+:fi rinn .. .. rLinn In+ with iM n nr.++~.r .~ r.f +h r, °r n in rr n in.~rn 11 h ,r n~ rnvirl:nn +h.+ L.+ hl.. Y.+.... h:r'nn ..+h..r +h..n +hn n~mn _f +M° h__.. ~~ 12 hr, :nnl~.rlr,rl TMc, +ni..l r .~ F°r nrL: n.. Ir.+ 'rlnn+:F'n.++inn r rhnll nn+ 13 _ , 14 °nh r nn F°nn rh^II nn+ n _nnrl r _ n fnn+• n v_rl°rl 4h°+ °o nh In# ch^II h° 15 16 17 18 feet: 19 ~ A. Community Announcement Signs. Community announcement signs are 20 signs erected and eF authorized by the city on or over ~ public right-of-way. Such 21 signs shall include air vents and be limited to'~ °^~ ^r° F°°+ ^°r °i^^ F^^° ~ fie ~ 22 in width and 24 inches in height; provided, however, that the ground clearance, 23 vision clearance and methods of construction in suspension are approved by the 24 director. Erection of signs over public rights-of-way shall be by or under the 25 supervision of the city, and all costs incurred by the city relating thereto shall be 26 reimbursed to the city by the permittee. Community announcement signs require 27 a Sims Wav Community Announcement Banner -sigr~permit; -E:. 28 ar~y-zer~itag~istfiet, and are limited to a-display one banner at a time for a week at 29 a time ^'~-4ay-~lo;. Signs announcing an upcoming event shall be removed 30 w+##~+~-hedfis by city staff after the event. 31 S: B. Service Club Signs. Service club signs are signs which display the 32 recognized shield, logo or symbol of an international service club which has an 33 established chapter in Port Townsend, has regularly scheduled meetings, but 34 does not own or lease premises within the city. Each such sign may not exceed 35 five square feet. Service club signs r°n„irn ° ri^^ n°r..,i+ ^^.+ may be displayed 36 only at a single location which has been approved by the director. n..r.,nn ~,,.,,..,.,nn c.,l° c•nnr r ° In ' 37 B--vc,.ag~ ^agc-vcn~-o;y„o-varc'~ge~;-,'-'v'r~n.;,ay~mc 3g +mm~nr..ni r:nnr nn+ +n ° °°.~+ 4hr°° r ° fe.e~+ .. n f..rn u~h:rh .~ virlc. 39 40 Ginn n mi+ nn 4h° nrnnnrhi nn uihinh ihn r^In it hnlrl nnrl lnr in nn.~rhv nnhlir 41 42 43 44 , 45 ~ nr m^.. nr.4 h.. rf:r nl.+....r! F..r Innn°r +h.. 91d-Tent New Text ,~S,~t{'i~,t~x~fr4fn.A~6P.ltiQRS.sS.~G1lS2[1.~.7..Q$ 4~,$pB 17.76.060 Special category signs The following regulations shall apply to the special categories of signs set forth below, in addition to all the other requirements of this chapter which may be Exhibit A Ordinance 3012 Page 15 of 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 C. Special Purpose Sign. A special purpose sign is a temporary sign to be displayed less than 60 consecutive days in a calendar vear for a purpose not anticipated by this chapter, but not in conflict with it, or in a unique situation as determined by the director. The total area of all special purpose signs intended to be displayed on any one premises shall be determined by the director; provided, however, that the total area shall not exceed 32 square feet. "" ^^°^~^' ^ 'r^^°° ^ ^h°II r norm i4 D. Community Event Sians. Community event sians may include uo to six X89817.76.070 Prohibited signs. The following signs are prohibited within the city: A. Abandoned signs; B. Bench signs; C. Biilboards; D. Flashing, revolving or any other moving signs; provided, that the moving hands of a clock or changing numerals of a time and/or temperature device may be permitted subject to the other regulations provided in this chapter; E. Off-premises signs except real estate signs, political signs, community event signs, mural signs, sandwich board signs, and garage sale signs specifically authorized or exempted herein; F. Off-premises real estate signs except for real estate open house or caravan tour sians; G. Portable readerboard signs; H. Roof-mounted signs, including any signs painted directly on the roof surface; ^'~ New Text .,S,dRl~.t4?off.47P..4~f!D1flQ~6.Sg4tJR[1.17...9$ provisions of this Chanter. Exhibit A Ordinance 3012 Page 16 of 37 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 I. Signs or sign structures, which by coloring, shape, working or location resemble or conflict with traffic control signs or devices; J. Signs which create a safety hazard for pedestrian or vehicular traffic; K. Signs larger than two square feet in area attached to or placed on a vehicle or trailer on public or private property to purposefully gain additional signage not allowed in that zone; provided, however, that this provision shall not be construed as prohibiting the identification of a franchise or its products on a vehicle operating during the normal course of business. Franchised delivery vehicles. buses or taxis are exempt from this provision; L. Signs attached to utility poles or traffic signs; M. Signs within the public right-of-way except community event signs, caravan tour sians. kiosks and signs which overhang the public right-of-way as specifically authorized herein; N. Signs in city-designated buffer zones or greenbelt area; O. Signs which display the symbol, slogan or trademark of national brands of soft drinks or other products which do not form the bulk of the business transactions of the premises; P. Signs contrary to the provisions of this chapter; O. Streamers; R. Signs with any sign face larger than 25 square feet which is illuminated all or in part by internal lighting. (Ord. 2571 § 2, 1997). . Sians substantially comprised of high value. high chroma fluorescent colors. Article V Sian Guidelines by Zonina District 4:03917.76.080 National Historic Landmark dDistrict. review. A. Total allowable sign area is determined as follows: 1. One square foot of sign area for each lineal foot of primary street frontage a uttin of the-pr~ir~tary-~arincioal building; 2. But aef-less-tl~arr at least 40 square feet for each principal building or, in the case of amultiple-business complex, for each separate store front; 3. F-et~ At least 40 square feet for an outdoor business which operates without a building; 91d Fex1: New Text .,~~mg.tg]SS.fL4.7?.1?~tiP.!ti9RS. $gCkiR0.l.7..4~ The following sign regulations shall apply within any mixed use, commercial, and public, park, and open space zoning districts (i.e., C-I/MU, C-II/MU, C-I, C-II, C-II(H), C-III, C-IV, P/OS(A), P/OS(B), and P-I) wherever lands within these zoning districts are also within the r~National I~Historic Landmark dDistrict. Sians Exhibit A Ordinance 3012 Page 17 of 37 4. Should more than one business share an entry, an additional six square feet may be added for amultiple-tenant directory; 5. Includes all types of signs on all sides and all stories of the building or premises. Exceptions: parking lot identification signs, symbol signs, commemorative plaques, window sign letters less than six inches in height, window signs above the first floor and/or mezzanine, mural signs approved pursuant to subsection I below, and signs listed as exempt in PTMC '".'~~ 17.76.040 are not included in determining allowable sign area; cii.nn ..M.+nh°r~l F^ .. .^II c.hnll nn4 0 o°rf A(1 c o F°°F r~r Fh° c. r^In J~.F'nn .l..ri...~rl Fr..m Fh° c.FrooF Fri.nMn° ..f Fh..F .a..,ll .,hi^h °..or i~ #h° n °.+For area B. Maximum Sign Height. No sign may be placed higher than the second story window sill level, or on or above the cornice line of aay a one-story building. Exceptions: 1. Window signs advertising an establishment located on an upper floor and placed in the window of such an establishment; 2. Freestanding and portable signs are limited to five feet in height, except sandwich board signs wgisf+ are limited to four feet in height. C. Projecting signs are subject to the following additional regulations: 1. No larger than 12 square feet per side; 2. May project no more than four feet from the building; 3. Minimum clearance of eight feet must be maintained above the sidewalk and six inches from the vertical wall; 4. Only one projecting sign, including symbol signs, is allowed for each main entry; 5. Projecting signs may only be externally illuminated h° ;".,^,:^^F°^' ,.^'.• h., ems. D. Window Signs. 1. Window signs require a sign permit unless lettering is less than six inches in height. 2. Window signs above the first floor are a!!owed only to businesses located exclusively above the first floor, are restricted to a total sign area of one square foot for each lineal foot of the width of the window glass, and such signs are not included in allowable sign area of the building. 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. F. Sandwich Board Sions. 1. The intent of sandwich board sians is to helo identify businesses located Water or Lawrence Streets. Sandwich board signs may be placed upon a public or private sidewalk subject to the following restrictions and requirements: 91d~ezt New Text .Same.t~xi.fc4m.J?gtv~itiRtlS.S~Giion ~7..Q$ Exhibit A Ordinance 3012 Page 18 of 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 frnn4 ~.F u~hinh khe n n #.+ ho r.ln nerl 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. Signs shall be placed no closer than 15 feet from the intersection wt~w placed adjacent to but not obstructing the crosswalk adjacent to Water Street. e: d. 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. e. Signs must be placed at feast 30 inches but no further than six feet from curb, or if placed adjacent to a building, no further than three feet from the 91d~ext New Text ,$~glg.tgX~f74ln.l~~finili9.RS.SgG11R0.17..Rt3. sandwich board sign per building entrance. It is the responsibility of the property SANDWICH ~a s,GrvS Exhibit A Ordinance 3012 Page 19 of 37 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 building line. Exception: Signs may be placed within 12 inches of the curb line wherever parking is prohibited in the adjacent street. e: f. Signs may not be placed closer than 12 inches from any tree grate or other planting. # g= No sandwich board sign may be placed within the National H#istoric Landmark t#District which advertises a business or premises which is located outside of the Na io ai ti#istoric Landmark r#District. g h. 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. ~~^°^'~^^: T"° °'^^ ..I h° i^..I .1°.1 i^ IL.° ~- ^~.I^~~L,A......F ^n.. h~~ilrli^i. h- i_ Continuous proof of liability insurance must be provided naming the city as additional insured in amount and policy provisions as approved by the ^'°•'~-t;zasarer finance director of the city. j_ Each sign must be of sound construction and designed to the satisfaction of the director to withstand high winds. k. No more than one sandwich board sign may be erected for each business advertised. 2.-~ No other pole signs, portable, sandwich board, sidewalk or other freestanding signs are allowed, unless expressly authorized herein. G.-E. Illuminated Signs. 1. Subdued, externally illuminated sip IightiaQ-e€-signs-is encouraged. 2. The total area of signs illuminated square feet per separate store front. 3. Signs illuminated by neon lighting square feet per separate store front. by iniarnal lighting shall not exceed six may have a total sign area of up to 12 H. 6. Entrance Sians. 1. Signs identifying rear entrances shall be no more than four square feet in area. #: 2. Signs directed toward the water are not allowed unless the building has a public waterside entrance. I. Mural Signs. In addition to the allowable sign area prescribed in subsection A above, additional mural signs are allowed subject to prior approval of the Port Townsend historic preservation committee. Upon application, the historic preservation committee may authorize such mural signs upon a finding that the design and placement of the proposed sign contributes to the National H#istoric Landmark t#District. The historic preservation committee may also authorize specific placement of such mural signs off-premises or in a manner which exceeds the applicable size or height limits prescribed herein. The findings of the historic preservation committee shall be based upon specific standards adopted Ald-Text New Text .SaRl~.t~?QPL4I?!.l?~fU?!tiQ~S.$~Gk!Q0.~7.~49 Exhibit A Ordinance 3012 Page 20 of 37 by the committee and shall be submitted in writing to the director who shall attach same to the application for sign permit. See the "Design Guidelines for Murals" 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 J. Tour Assembly Signs. Each business which has been authorized by franchise agreement with the city to conduct public tours within the public rights- of-way may, if such business does not have business premises within the National H#istoric Landmark dDistrict, place one portable sandwich board sign on the sidewalk at a location and in a manner approved by the director. The business owner shall also obtain and submit to the director written permission of the owner of the property immediately abutting the location of the proposed sign, and shall also submit proof of liability insurance naming the city as additional insured. The ^'^~ finance director shall approve the amount and policy provisions of such liability insurance. The sign area of such sign shall not exceed six square feet per sign face and such sign area shall not be included in the allowable sign area of the abutting property. K. Kiosks. The Kiosk program as adopted by city council. permits the ;•~^~~^^ ^' '-'^^~^ The purpose of kiosks is to replace pedestrian- Prohibited Signs. In addition to those signs ~9 17 7~6. _7~_, L~4 t ble readerboard signs e not permitted in the National H#istoric L 1-704817.76.090 Residential districts (R-I, R-II, R-III and R-IV). In addition to the other applicable provisions of this chapter, the following regulations also apply in each residential zoning district (i.e., R-I, R-II, R-III and R-IV): A. Total Allowable Sign Area. 1. Each residential building is allowed one permanent, wall-mounted, identification sign per street frontage and one temporary yard sign and each such sign may not exceed three square feet in sign area. No sign permit is required for either sign. 2. Each ,subdivision, planned unit development. binding sit Ian or aaRresideFltial commercial use permitted outright or by conditional use permit in residential zones is allowed 24 square feet of sign area. eid-~ee~f r~ext .;xamt:.kexkfrom.Ae[i~itivas.Se~i1.:n.17..45. sandwich board signs and provide multiple business advertising in friendly locations. busi+~esses- Exhibit A Ordinance 3012 Page 21 of 37 3. Consistent with Chapter 17.56 PTMC, home occupations are allowed one sign, which shall be no larger than three square feet in size, without illumination, and mounted flat to either the principal or accessory structure. 4. Government buildings, schools, and churches are allowed one identification sign not to exceed 16 square feet and one reader-board sign not to exceed 24 square feet. If the oronertv includes an intersection of two public 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 C. Freestanding Signs. 1. Permanent freestanding signs must be monument signs or pole signs mounted on two poles placed at the outermost sides of the sign face; 2. Temporary yard signs may be displayed for up to 15 days in a calendar and may be mounted on a single pole or stake. Exceptions: a. Garage or rummage sale signs pursuant to Article N4 IV of this chapter, Special Category Signs; b. Real estate and political signs pursuant to PTMC 47:76•.-0~0 17.76.040; 3. Freestanding signs must be set back at least five feet inside property lines. Exception: The director is authorized to permit alternate placement of freestanding signs when meeting the five foot setback requirement would: a. Necessitate the removal of mature landscaping; or b. Require placement of the sign in a location so obscured from view, due to topographic or other site-related constraints, that the purpose of the signage is defeated. Notwithstanding this exception, the director shall not allow the placement of any freestanding sign that would pose a hazard to pedestrian or vehicular traffic safety or interfere with intersection clear vision areas. 4. No other pole signs, portable, sandwich board, sidewalk or other freestanding signs are allowed. D. Off-premises signs are not permitted. Exception: Signs authorized to be erected off-premises pursuant to PTMC 47:71-08-17.76.060, Special Category Signs and 17.76.040. Sians Exempt from Permits. E. Illuminated Signs. Only ~^-'~~°^' '~^~~~^^ ~^ externally illuminated sions are permitted. Additional requirements: a. Light fixtures shall be shielded to ensure that the light source is not directly visible off-site; and b. Under no circumstances may sign illumination pose a hazard to pedestrian or vehicular traffic safety. (Ord. 2700 § 28, 1999; Ord. 2571 § 2, 1997). ~ ~~ext ,SglCig.ttr?d.ff.4f7l.~l~fiDltl4!?5.$gG11R!?.?.I..Q$ Exhibit A Ordinance 3012 Page 22 of 37 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 1~7~017.76.100 Mixed use, commercial, and public, park and open space districts outside the i n H#istoric Landmark dpistrict (C-I/MU, C-II/MU, C-I, C-II, C-II(H), C-III, PlOS(A), P/OS(B), and P-I). In addition to the other applicable provisions of this chapter, the following regulations also apply in each mixed use (i.e., C-I/MU and C-II/MU), commercial (C-I, C-II, C-II(H), C-III, C-IV), and public, park and open space (i.e., P/OS(A), P/OS(B) and P-I) zoning districts: A. Total allowable sign area is determined as follows: 1. One square foot of sign area for each lineal foot of primary street frontage ab~ of the~rirtaary- rip ncioal building, with the exception of C-I/MU and C- b ildin ; 2. But ^^^'.,~;~;a:, at I a 100 square feet for each principal building, FleF less-4har~ and at least 32 square feet for each business in amultiple-business complex; 3. ~e~ty At least 40 square feet for an outdoor business which operates without a building; 4. Government buildings, schools, churches and the Port Townsend Visitors Center are permitted one identification sign not to exceed 32 square feet and one readerboard sign not to exceed 12 sauare feet per sion face. If the property 5. Includes all types of signs on all sides and all stories of the building or premises. Exceptions: parking lot identification signs, symbol signs, incidental signs, window sign lettering less than six inches in height, motor fuel price signs erected pursuant to subsection G of this section, monument signs erected as a directory sign for amultiple-business complex pursuant to subsection (E)(2) of this section, service club signs authorized pursuant to PTMC ~~~100 premises of the institution. and signs listed as exempt in PTMC ".~~o 17.76.040 are not included in the determination of allowable sign area. B. Maximum sign height is as follows: 1. Seventeen feet for wall signs, but in no event may signs extend higher than the nearby surface of the roof of the building unless the portion of the building proiectina higher than the roof was legally established prior to the a. Departures from the sign code maximum height limit for signs in the C- I, C-II, and C-II(H) zones to exceed 17-foot height limit may be approved pursuant to Chapters 17.44 and 17.46 PTMC, Commercial and Mixed Use Design Standards and Process. The general location of all proposed signage must be presented at the time of new commercial design review; replacement of existing signage consistent In with this section shall require additional commercial design review. 919-Text New Text ~gmti,tglSS,ff.4tla.AgfA1StRStS.S@&IlAl7.~.7.,Q$. Exhibit A Ordinance 3012 Page 23 of 37 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2. No signs other than directional signs and business name may be erected on vehicle canopies; directional signs shall be mounted no higher than 10 feet above grade. Doorway or window canopy signs or signs mounted on a marquee may not extend higher than the highest roof surface of the canopy or marquee, but in no event may extend higher than the nearby roof surface of the building; R C'v° f°^+ f^n ~. m°n~~m°n+ ^ ^f ^ nl° Lei ~c.in°co ^ iJ+inl° +°n^n+ ,, inn ^in . m 1~~11E~In~ A Civ° f°°+ nhm nn° fnn+ n °..n" r^+^ L., ^in°^.. n.~1„°.+lc.°!! C. Projecting signs are subject to the following additional regulations: 1. No larger than 16 square feet per side; 2. May project no more than four feet from the building; 3. Minimum clearance of eight feet must be maintained above the sidewalk and six inches from the vertical wall; 4. Only one projecting sign, including symbol signs, is allowed for each main entry. D. Window signs require a sign permit unless lettering is less than six inches in height. E. Freestanding Signs. 1. Each single-business or multiple-tenant building shall be allowed one monument or one double-pole sign not to exceed a sign area of 24 square feet. 2. Each multiple-business complex is allowed one monument sign or one double-pole sign per street frontage for a directory sign. The sign area of such directory sign is not to exceed 32 square feet plus eight square feet per separate business advertised and an additional 12 square feet to allow display of the name of the complex: ~^^~• ^^+ ° °^~' ^ ^ °~°° ^f~ 102 square feet per sign face, and 10 feet of aer~ sign face width ef~~#eet_, ^ ^ "°~^"+ ^f " f^°F . 4. Six-foot tall mMonument signs or double-pole signs must be set back from property lines a n .,n°^.. diStaRSe-9# one foot f~ °w~" ,,..~ f~~+ ~f ^ ^n "° n"+ ~., e..___., =f c _,° f°°+ Exception: The director is authorized to permit alternate monument sign placement within the right-of-wav in conformance with the Upper Sims Wav (SR201 5. Each monument sign or double-pole sign shall have a landscaped area at the base of the sign of at feast twice the size of the sign area. 6. No other freestanding or portable signs are allowed. F. Illuminated Signs. 1 '^~'~•^^+''^"+~^^ ~^ Externally illuminated signs are encouraged. 2. The total area of signs illuminated with internal or neon lighting li~t+#ed-te a-s+gr~#ase-area-ef shall not exceed 25 square feet per separate store front. end-next ~T_ext ~am~.textfrvm.A.efinitivns.SecSiQn.~.7..Q~. Exhibit A Ordinance 3012 Page 24 of 37 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 G. Readerboard signs may not exceed 12 square feet per sign face. Exceptions: 1. In addition to the sign area allowed pursuant to subsection A of this section, any business selling motor fuel to the public may have one permanently mounted motor fuel price sign not to exceed 18 square feet per sign face. If such sign is incorporated as part of the monument sign allowed pursuant to this section, the allowable height of such monument sign may be increased by four feet. 2. The director is authorized to permit one permanently mounted readerboard sign for community event announcements on premises owned by the city or a nonprofit organization under contract with the city. Such sign ~ shall not exceed a sign area of 50 square feet per sign face. 3. Portable readerboard signs are not permitted. (Ord. 2920 § 3, 2005; Ord. 2840 § 2(Exh. E), 2003; Ord. 2637 § 2, 1998; Ord. 2571 § 2, 1997). 4-7:79 17.76.110 Marine-related and manufacturing districts (MIC, M-I, M- 11, M-11(A), M-11(B) and M-III). In addition to the other applicable provisions of this chapter, the following regulations also apply in each marine-related and manufacturing (i.e., M/C, M-I, M-II, M-II(A), M-II(B) and M-III) zoning district: A. Total allowable sign area is determined as follows: 1. Sixty-four square feet for each principal building; 2. But each separate business in amultiple-tenant building or multiple- business complex shall be allowed at least 32 square feet of sign area; 3. Each multiple-tenant building is allowed an additional six square feet for a directory sign; 4. Government buildings and schools are permitted one identification sign not to exceed 32 square feet and one reader-board sign not to exceed 12 sauare 5. Includes all types of signs on all sides a premises. Exceptions: Parking lot identification signs, window sign letters less than six inch 's of the building or monument -illuminated religious institution when erected on the oremises of the mstitunon and signs listed as exempt in PTMC 1.878 17.7 are not included in determining allowable sign area. B. Maximum sign height is as follows: 7 C'vc Font {nr w~n..,~meni ..inns ..Inc. n..e Fnni fn..~...nM ~. rni.. L~~~e.innc.n .....,. .... ........... ........,~. ,.,....................... .,».... ,.°r~.....,, .....,....,..., ~.il,cnr+ic.n.l c+n FMn c n L.. ~{ nn L. ~..l~or 4L...n 7n Fnc4~ 1. Seventeen feet for et#er wall signs. C. Projecting signs are subject to the following additional regulations: 1. No larger than 16 square feet per side; 2. dal{ project no more than four feet from the building; 91d-~exi New Text .~~mg.t~X~~I.4171.A~f!011t9!?5.$gGI1P.0.1.7.~R9 signs, incidental signs, es in height, one non Exhibit A Ordinance 3012 Page 25 of 37 1 3. Minimum clearance of eight feet must be maintained above the sidewalk 2 and six inches from the vertical wall; 3 4. Only one projecting sign, including symbol signs, is allowed for each main 4 entry. 5 D. Window signs require a sign permit unless lettering is less than six inches in 6 height. 7 E. Freestanding Signs. 8 1. Each multiple-business complex is allowed one monument sign per street 9 frontage for a directory sign. The sign area of each such directory sign shall not 10 exceed 16 square feet plus six square feet per separate business advertised, but 1 I not larger than 64 square feet. 12 2. Maximum sign height is five feet for a monument sign of a single 13 business or multiple tenant building and six feet for a mon_ ument directorv__sian of 14 amultiple-business complex: 15 ~3 Six-foot tall Mmonument signs or double-Hole signs must be set back __ - __ 16 from property lines one foot. 17 4. A Changeable Insert sign that advertises seafood sold within the Port of 18 Port Townsend Boat Haven is allowed. 19 5. Readerboard signs shall not exceed 12 square feet per sign face. 20 3- 6. No other freestanding or portable signs are allowed. (Ord. 2637 § 3, 21 1998; Ord. 2571 § 2, 1997). 22 F. Illuminated Signs. 23 1. Externally illuminated signs are encouraged. 24 2 The total area of signs illuminated with internal or neon lighting'~^~,,,,,,t~~ 25 a-sign-#ase-area-sf shall not exceed 25 square feet per separate store front. 26 - _ _-- 27 Article AF. YL Permit Requirements 28 ".',-r~o 17.76.120 Permit- Required. 29 No sign or portion of any sign, except those exempted in PTMC ".'~-o; o 30 17.76.040 or x-00 17 76.060, shall be erected, re-erected, replaced, 31 revised, attached, structurally altered, or relocated by any person, firm or 32 corporation from and after the effective date of the ordinance codified in this 33 chapter without a permit issued by the city. No permit shall be required for 34 structure repair, cleaning, repainting an approved design or other normal 35 maintenance, nor for changing the message on a readerboard sign, as long as 36 the sign structure is not modified in any way. (Ord. 2571 § 2, 1997). 37 ".'~~017.76.130 Permit -Application. 38 Applications for sign permits shall be made to the director upon permit forms 34 provided by the city. Such application shall require: 40 A. Name of business and address where the work is to be performed; 41 B. Name and title of applicant; 42 C. Name, address and telephone number of the firm doing installation work; 43 D. Name and address of the sign owner if other than the business installing the 44 sign; 97d-'Text New Text .,$~[l1g.t~Xk.f~:4P.?.P..~fiAltl9.!?S.S~GI!Rp.~Z~.Q$. Exhibit A Ordinance 3012 Page 26 of 37 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 E. A complete list describing each existing sign on the premises, including sign type, copy, sign area, location on premises, and date to be installed; proposed within the National Historic Landmark District must provide font and color samples. F. A site plan showing the location of the affected lot, buildings, and signs, showing both existing signs and proposed signs; G. A scale drawing of each proposed sign or sign revision, including location, size, height, copy, structural and footing details, material specifications, method of attachment, illumination, front and end views of canopies and any other information required to ensure compliance with appropriate laws; H. Electrical load with name of electrical contractor responsible for installation of service feed wire if other than sign contractor. Amperage and voltage must be prominently displayed on the sign. (Note: Electric signs must conform to the National Electrical Code); I. An application for ragk~t-e€-way a Sims Wav Community Announcement Banner permit +f-the-for a community announcement sign eF-saaepy that will extend over a public right-of-way; J. Written consent of the owner of the building, structure, or property where the sign is to be erected. (Ord. 2571 § 2, 1997). 43017.76.140 Permit-Fees and approval. Permit fees shall be in accordance with the current fee schedule adopted by city ordinance. Upon approval of plans and payment of the required fee, the director shall issue the sign permit. Permits shall be numbered in the order of their issuance and shall disclose: A. The type and description of sign(s) as defined in this chapter; B.-The street address of the property upon which the sign will be installed; C. The amount of the fee paid for the permit; D. The date of issuance; E. The name of the person or company installing the sign; F. The name of the sign owner. (Ord. 2571 § 2, 1997). 4440 17.76.150 Permit -Identification -Permanent sticker. With each permit issued, the director shall issue a corresponding permanent, numbered sticker indicating issuance of the sign permit. It shall be the responsibility of the permittee or his/her agent to either affix the sticker in a location on the sign(s) or sign structure(s) where it can be readily seen from the shapteF (Ord. 2571 § 2, 1997). 91d-text N~+~~Te~ct .S1!ilk.t~Xx.If.9ID.1?gfIJJSIRRS.SgGSlS2Il.~.7..R$ Exhibit A Ordinance 3012 Page 27 of 37 1 Article AF VII. Administration and Enforcement 2 47917.76.160 Variance. 3 The director shall have the authority to grant a variance from the requirements 4 of this chapter in accordance with the following procedures and considerations: 5 A. The person seeking a variance shall prepare and submit an application on 6 forms provided by the director accompanied by a fee ~^ *"° ^^~^~~^' ^s x~~G.nn 7 ^+ .. Vic,°ct*c.:^c~ ~° specified by-srdir~anse by PTMC Chanter 8 2~. 9 B. Upon receipt of an application, the director shall first review the application 10 for completeness. If the application is incomplete, the director shall promptly 11 return it to the applicant and indicate the additional information needed to make 12 the application complete. 13 C. Within 15 days of receipt of a complete application, the director shall make 14 a preliminary determination of whether to grant the application, grant the same 15 under specified conditions, or to deny the variance. In making his/her 16 determination, the director may grant a variance only upon specific, written 17 findings of fact setting forth and showing that the following conditions exist: 18 1. Literal interpretation and strict application of the provisions and 19 requirements of this chapter would cause either: 20 a. Undue hardship on the applicant because of unique or unusual 21 conditions pertaining to the subject property; or 22 b. Loss or substantial modification of a sign which has been found by the 23 historic preservation committee to contribute significantly to the N i nal Hgistoric 24 Landmark dDistrict; 25 2. The unique or unusual conditions do not result from actions of the 26 applicant or owner of the subject property; 27 3. Granting the variance would not confer a special privilege to the subject 28 property that is denied to other similarly situated properties; 29 4. Granting the variance would not be materially detrimental to the property 30 owners in the vicinity or to the traveling public; 31 5. Granting the variance would not be contrary to the objects of this chapter 32 relating to the placement of signs and the reduction of clutter; and 33 6. Granting the variance would be in harmony with the purpose and intent of 34 this chapter and would not establish a precedent for subsequent variance 35 requests which could diminish the effect of this chapter in furthering these 36 purposes. 37 Q. In granting any variance, the director may attach thereto such conditions 38 regarding the location, character and other features of the proposed sign as 39 he/she may deem necessary to carry out the spirit and purpose of this chapter in 40 the public interest. 41 E. Within five days of making of his/her preliminary determination, the director 42 shall cause to be mailed a notice of the determination to the owner or reputed 43 owner of the properties within 200 feet of the subject property, as shown by the 44 property tax records of the Jefferson County assessor, and by posting notice in a 91d-text N w Sin?g.(4Xt.f(Q.R?.4gfiAlt!RRS.Sg411on,17..R$. ExhibitA Ordinance 3012 Page 28 of 37 conspicuous place on the subject property and at the Port Townsend City Hall. 4 labels suitable for mailino. The notice shall identify the applicant, the street 5 address or legal description of the subject property, the variance requested, the 6 director's preliminary determination and where the application and director's 7 findings may be inspected, and shall indicate that written comments or objections 8 will be received and considered by the director for a period of 10 days following 9 the date of mailing. 10 F. Within five days of expiration of the comment period, the director shall 11 consider any comments or objections made and render a final decision. The 12 director shall cause to be mailed notice of his/her final decision to the applicant 13 and to each person from whom written comments or objections to the preliminary 14 determination have been received. Such decision shall be final and binding 15 unless appealed in writing to the city-seaasil hearina examiner within 15 days of 16 the date of mailing of the director's final decision. Any person may file such an 17 appeal by'°++^. ^,~^'r^°°°•' +^ +ti^ ^;+.• ^^ ^^;', comoletina an aooeals apolication 18 accompanied by an appeal filing fee ~^ +,.,-~.;,~:.t- $490:00 s ecified by PTMC 19 Chaoter 20.09. 20 G. In the event of an appeal, the sity--seaflsil hearina examiner will review the 21 reasons and information set forth in the letter of appeal, the findings, conclusions, 22 and decision of the director, together with any written material submitted by the 23 director, and may take public comment. The sit~seaasit hearina examiner shall 24 affirm the decision of the director unless it s/he finds the decision to be clearly 25 erroneous, or arbitrary and capricious, or contrary to law, in which case the 26 settasN hearina examiner may modify the decision or any conditions in 27 connection therewith, or remand the same to the director. 28 H. No action to set aside or modify the decision of the city-seaasil hem 29 examiner may be brought in any court or other tribunal unless the action shall be 30 filed within 30 days of the effective date of the decision. (Ord. 2571 § 2, 1997). 31 817.76.1701nterpretations. 32 Where there is any dispute concerning the interpretation of this chapter, the 33 decision of the director shall prevail, subject to the appeal provisions set forth in 34 Chapter 20.01 PTMC. (Ord. 2571 § 2, 1997). 35 '".'~~.'''~^ 17.76.180 Enforcing official -Powers and duties. 36 The enforcing official of this chapter shall be the director who is hereby 37 authorized and directed to enforce all the provisions of this chapter. Upon 38 presentation of proper credentials, the director may enter at reasonable times 39 any building, structure, or premises to perform any duty imposed upon him/her by 40 this chapter. Signs for which a permit is required may be inspected periodically 41 by the director for compliance with this chapter. (Ord. 2571 § 2, 1997). 42 X817.76.190 Removal of signs. e~ex~ >y~ .~am~.texXfrvm.i?efnitioas.SecfiQn.?.7.,Q6. Exhibit A Ordinance 3012 Page 29 of 37 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 A. Abandoned signs shall be removed by the owner or lessee of the premises upon which the sign is located within 60 days after the business or service advertised by the sign is no longer conducted on the premises. B. The director may order the removal of any sign erected, installed or allowed to remain in violation of this chapter. He or she shall give at least 30 days' notice in writing, to the owner of such sign, or of the building, structure or premises on which such sign is located, to remove the sign or to bring it into compliance with this chapter. The director may order removal of the sign at the expense of the owner of the premises if compliance with the written order is not obtained. Notice to the owner shall be deemed to be given as of the date of deposit in the United States mail addressed to the address on record that date at the office of the Jefferson County assessor. Exception: In the case of temporary signs, banner signs, portable signs or streamers, only five days' notice need be given. C. The director may cause any sign which is erected or displayed in violation of this chapter to be summarily removed without notice and at the expense of the owner of the sign and/or premises if: 1. The condition or placement of the sign presents in the opinion of the director an immediate threat to the safety of the public; or 2. The sign is placed in the public right-of-way or upon city property or attached to a utility pole, tree or traffic sign in violation of this chapter. (Ord. 2571 § 2, 1997). X9817.76.200 Nonconforming signs. A. Nonconforming signs shall be removed or brought into compliance with this chapter no later than the expiration of the amortization period of each such sign, determined as follows: 1. For signs made nonconforming by passage of Ordinance 2039, July 31, ordinance. years B. Exception Pertaining to Certain Flashing, Blinking or Revolving Signs. Insofar as any sign or parts thereof flash, blink, move, or revolve in a manner prohibited by PTMC a~7F3-:899 17.76.070, such nonconformity shall be terminated no later than 30 days after the effective date of the ordinance codified in this section. Otherwise, such other nonconforming conditions of such sign are subject to the provisions of this section pertaining to nonconforming signs. f..r.+.lnn n.. h.. hle c L.nnner c.innn nnr l c.fren...ero c.Mnll tie r cell ~ ~n~hene.,e f~€arl. ;;anse 8; ae #; -~; „nf„r..,;n,, e nnen+ . :, a Te-- ,r ,P ~ .~a[C1e.te?lifl.Q.R!.l?g1:iAlti4r!S. SeG1iR[t.>.7.:95 1997; 2. For signs made nonconforming by the passage of the ordinance codified in this chapter, Ja4y-3~1-997 <insert date of adoption 2010>; Exhibit A Ordinance 3012 Page 30 of 37 nnrnnli.+n no w:4h 4h:n nhnnFnr n4 lennF n nrl:er 4hnn rnrF by 4h:n cnn4::.n Fhe h . .+.F..nh:nnrF h.. n ~nh n nhnll ho en4iFlerl Ln .+ hnm.n o nl kn 7 rl n nrn innf nF n:nn n ~ inr ennh • r M Fhe o rn4:nn nF 4hn .+ nrF'~rn4:nn .. .nrl ni Fhn ni.h:enF n G.nh hnnnn nhnll ho in ~.Frl:F:nn +n Fhe n4henu.~e n w.:Nnrl h.. Fhe n nF ihin nhn Hier ~nr7 nhnll r in eFFen4 Fnr .. :nrl ni 9(1 . mtil +hn h,...in..nc ' 4n rn4e 0 0 C.€ Loss of Nonconforming Status. 1. A nonconforming sign shall immediately lose its legal, nonconforming status if: a. The sign is altered in any way in structure, color or copy, except for readerboard signs; or b. The sign is damaged in excess of 50 percent of the original cost of the sign; or c. The sign is relocated; or d. The sign is replaced. 2. On the occurrence of any of the events described in subsection (E)(1) of this section, the sign shall be immediately brought into compliance with this chapter with a new permit secured therefor, or shall be removed; provided, however, that the director may authorize specific alterations of such nonconforming signs if s/he finds that: a. The end of the nonconforming sign's amortization period is more than two years away; and b. The total amount of aggregate noncompliance of the sign area of the existing signs on the premises is reduced at least 50 percent by the proposed alterations; and c. The alteration shall not affect the original amortization period for the nonconforming sign. D.-~ Notice of Nonconforming Signs. The director shall endeavor to give notice of the legal nonconformance and amortization periods set forth in this section to the owners of signs required to be removed. Such notice should be given to the owners of the signs as shown by city records within 60 days of the effective date of the ordinance codified in this section or of the ordinance which renders the signs nonconforming, whichever occurs later. Only one such notice need be given. Failure of the director to give the notice specified in this section, or failure of the sign owner to receive any such notice shall not limit or affect the city's power to enforce this chapter, or in any way reduce the ability of the city to require removal of the nonconforming signs as provided by law. E.~. Administrative Appeal. The owner of a nonconforming sign may appeal to the director to request an extended period of use of such sign beyond the amortization period determined by this section. Any such appeal must be made to the director upon forms provided by the city and must be accompanied by an appeal filing fee in the amount08 pecified in PTMC Chanter 20.09. The director shall require that the appellant provide as part of his/her appeal a general description of the sign, its dimensions and physical position; evidence sufficient to establish the date and cost of the sign as originally constructed and 91d-~e~d I~leat_IeXt .$~!r~.tor?4.fL4.0!.~?~flAltl9RS.SgGl1gC?.17..Q$. Exhibit A Ordinance 3012 Page 31 of 37 1 installed; the amount of depreciation claimed and the depreciation schedule used 2 for such sign as reflected by Internal Revenue Service schedules for prior years; 3 the estimated cost of relocation or alteration of such sign, where applicable; 4 together with any other information or documents specified by the director which 5 are reasonably necessary to assist the city in making a determination on the 6 appeal. The director shall consider the statements and documentary evidence 7 contained in the application and any supplementary information which s/he may 8 reasonably require. In addition, s/he shall inspect the subject sign to determine 9 its general condition, state of repair, and the extent to which the sign does not 10 conform to the requirements and limitations of the ordinance codified in this 11 section. In making his/her determination, the director shall consider the 12 unrecoverable cost invested in the sign, the estimated remaining life of the sign 13 and the degree of nonconformity. The director shall prepare and make available 14 for public inspection the specific method s/he intends to use in processing such 15 appeals. All determinations of appeals made pursuant to this section shall be 16 made in writing with specific findings of fact and conclusions in support of the 17 decision. All such determinations of the director are subject to appeal as provided 18 by Chapter 20.01 PTMC. (Ord. 2571 § 2, 1997). 19 X0917.76.270 Liability. 20 This chapter shall not be constituted to relieve from or lessen the responsibility 21 of any person owning, building, altering, constructing, or removing or moving any 22 sign in the city for damages to anyone injured or damaged either in person or 23 property by any defect or action in this chapter, nor shall the city or any agent 24 thereof be held as assuming such liability by reason of permit or inspection 25 authorized in this chapter or a certificate of inspection issued by the city or any of 26 its agents. (Ord. 2571 § 2, 1997). 27 28 29 Staff Notes (in italics): 30 Proposed New Sections of Chapter 17.76 31 The following sections, if adopted by Council, will be added fo an 32 appropriate location within Chapter 17.76 by the Codiher (Code 33 Publishing): 34 • Sign standard departures -presented during the Council meeting 35 on March 8, 2010; 36 • Pilot Projecf: Sims Way (SR20) Local Information Signs -also 37 presented during the Council meeting on March 8, 2010; 38 • Upper Sims Way (SR20J Coordinated Signage Program -adopted 39 by Interim Ordinance 3041 during the July 19, 2010 Council 40 meeting; 41 The definitions below would be included in the Signs Definition 42 section 17.76.030: 91d-~exF LV~Nf_TeXs .$dRl£.ttrXlff.4.47.1?gfiDltlRf?S.S~GUQ[?.17..Q$ Exhibit A Ordinance 3012 Page 32 of 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 - 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 permitted under this Chapter. 7.76.XXX Sian standard departures. for: 1. Sian location Citv's Comprehensive Plan. its implementing regulations and other adopted 91d~ext Nit .~amg.texf.f~4m.4efinitievs.5ecfion.17.,9~. met and city approval is granted. districts. b. Public uses. not-for-profit community croups and events and other similar uses. Exhibit A Ordinance 3012 Page 33 of 37 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 clans and policies than a strict application of the standards contained in this c a r. 2. The proposal is more innovative and appropriate for the site and/or use similar uses: 81d-Text I~ekY~2St ,S.SIT?~.kGXX1f:4.7).A~fAItIRRS.$gGIIRR.~.7.,4$ Exhibit A Ordinance 3012 Page 34 of 37 n. vn-vicn uac .~iw iauc r pan - vvn~cn~ the following: a. Existing on-premise sianaae: is anaae: iii. Sian location (on a scaled site plant. sin iii Proposed off-site Sian location(s) on a scaled man. ~~ext Nest Same.textfrcm.!?e[iniSicn~.S~cSiQn.~7...R9. c. It is difficult to locate the subject use due to the complexity and length Exhibit A Ordinance 3012 Page 35 of 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3 The subject business must have adequate unused sian area available Atd-~ex~ New Text .Ss!!?1gSg?f1.ff.4tP..l?gfUllS!RRS.$gGSIR[!.~7.LR$. materials: 1. A completed application on a fo_ rm as prepared by the d_e_velopment services department. 2. A scaled drawina of the proposed loco sian prepared by a licensed Exhibit A Ordinance 3012 Page 36 of 37 ~ex~ t~~xs .~am~textfr.4m.f?~tv?itions.Se~Si9n~.7.,RB review and appeal process. 17.76.XXX Uooer Sims Wav (SR201 Coordinated Sianaae Program. per Leaibilitv Model A as established in the Upper Sims Wav Sianaae Assessment and Plan. 2. Signs that are visible from greater distances shall not aualifv for participation in the program. Exhibit A Ordinance 3012 Page 37 of 37 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3. Signs that are not visible from the opposing traffic lane shall not aualifv for participation in the program. ma vials: 1. A completed application on a form as prepared by the development services department. 81d-~e~ct Hew Text .$~C!l~.t~?~.NQ1T?.AtifDlliR0.5.$?CS1R[l.~I..Q~