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ORDINANCE NO. 2.3 ! g'
AN ORDINANCE relating to zoning and signs; amending Ordinance 2249
and Section 17.50.180 of the Port Townsend Municipal Code; extending the
period for compliance of nonconforming signs with Ordinance 2249 and
Chapter 17.50 of the Port Townsend Municipal Code; and establishing an
effective date.
WHE~,
WHEREAS,
WHEREAS,
WHERE,,
WHEREAS,
on July -7, 1986, the City Council passed Ordinance 2039, enacting a sign
code for the City of Port Townsend; and
on July 16, 1991, the City Council passed an updated sign code, Ordinance
2249 (Chapter 17.50 PTMC); and
in order to achieve the purposes enumerated in the new sign code and to
avoid creation of continuing unfair competition among businesses,
Ordinance 2249 provides for eventual removal or correction of
nonconforming signs in accordance with an amortization schedule set forth
therein; and
the owners of several businesses with signs made nonconforming by the
passage of Ordinance 2039 in 1986 have stated that the amortization period
for correction of removal of such signs which was established by Ordinance
2249 to end on July 31, 1992, would impose an economic hardship due to
the relatively short notice available since passage of Ordinance 2249; and
it is the intent of the City Council to achieve eventual conformity of all
signs in the City in a manner and within a period which respects the past
investments private businesses have made in nonconforming signs and
without imposing any undue or unreasonable burdens on businesses; Now,
Therefore,
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(Port Townsend, 9/92)
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THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES ORDAIN AS FOLLOWS:
Section 1. Section 17.50.180 of the Port Townsend Municipal Code is hereby
amended to read as follows:
17.50.180 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,
((~)9~)) 1997;
2. For signs made nonconforming by the passage of the ordinance codified in
this Chapter, July 31, 1997;
3. For signs made nonconforming by passage of any subsequent ordinance, 6
years after the effective date of said ordinance.
B. Exception pertaining to certain flashing, blinking of revolving signs. Insofar
as any sign or parts thereof flash, blink, move, or revolve in a manner prohibited by
Section 17.50.080, such nonconformity shall be terminated no later than thirty (30) days
after the effective date of this ordinance. Otherwise, such other nonconforming
conditions of such sign are subject to the provisions of this section pertaining to
nonconforming signs.
C. Exception pertaining to portable signs, banner signs and streamers. All
nonconforming portable signs, banner signs and streamers shall be removed within
ninety (90) days of the effective date of this ordinance.
D. Incentive for early compliance. Whenever a nonconforming, permanent
roof-mounted or pole sign is voluntarily removed or otherwise brought into compliance
with this chapter at least one year earlier than required by this section, the business
advertized by such sign shall be entitled to a sign area bonus equal to ten (10) square
feet of sign area for each year prior to the expiration of the amortization period of the
subject sign. Such bonus shall be in addition to the sign area otherwise permitted by the
provisions of this chapter, and shall remain in effect for a period of ten (10) years or
until the business ceases to operate, whichever occurs first.
E. 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 fifty (50) percent of the original cost
of the sign; or
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(Port Townsend, 9/92)
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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 fifty (50) percent by the proposed
alterations; and
c) the alteration shall not affect the original amortization period for the
nonconforming sign.
F. 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 sixty (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 herein, 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.
G. 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
amount of $100. 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 installed;
the amount of depreciation claimed and the depreciation schedule used for such sign as
reflected by Internal Revenue Service schedules for prior years; the estimated cost of
relocation or alteration of such sign, where applicable; together with any other
information or documents specified by the Director which are reasonably necessary to
assist the city in making a determination on the appeal. The Director shall consider the
statements and documentary evidence contained in the application and any
supplementary information which s/he may reasonably require. In addition, s/he shall
inspect the subject sign to determine its general condition, state of repair, and the extent
to which the sign does not conform to the requirements and limitations of this
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(Port Townsend, 9/92)
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ordinance. In making his/her determination, the Director shall consider the
unrecoverable cost invested in the sign, the estimated remaining life of the sign, and the
degree of nonconformity. The Director shall prepare and make available for public
inspection the specific method s/he intends to use in processing such appeals. All
determinations of appeals made pursuant to this section shall be made in writing with
specific findings of fact and conclusions in support of the decision. All such
determinations of the Director are subject to appeal to the board as provided by this tide.
Section 2. Severability. In the event any one or more of the provisions of this
ordinance shall for any reason be held to be invalid, such invalidity shall not affect or
invalidate any other provision of this ordinance, but this ordinance shall be construed
and enforced as if such invalid provision had not been contained therein; provided, that
any provision which shall for any reason be held by reason of its extent to be invalid shall
be deemed to be in effect to the extent permitted by law.
Section 3. Effective date. This ordinance shall take effect upon its passage, approval
and publication as provided by law.
Read for the first time on 0¢;3~e Iff , 1992, and for the second and third time
times an~assed~y the City Council of the City of Port Townsenc[, Washington, at a
re~ m~n~fiereof, hel~ this /~, et. day of 0~ ,1992.
David A. Grove, City Clerk
APPROVED AS TO F~ ~ ~~¢~._
Dennis McLerran, City Attorney
Passed by the City Council:
Signed by the Mayor:
Published:
Effective Date:
,1992.
., 1992.
,1992.
,1992.
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(Port Townsend, 9/92)