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HomeMy WebLinkAbout2265 Amending Ordinance 2249 - Signs1 2 3 4 5 6 7 8 9 10 11 12 13 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 ORDINANCE NO. AN ORDINANCE relating to zoning and signs; amending Section 1 of Ordinance 2249 and Sections 17.50.050, 17.50.060, 17.50.080, and 17.50.180 of the Port Townsend Municipal Code; authorizing sandwich board signs under certain prescribed circumstances; eliminating restrictions on the height of sign letters; increasing the time allowed for removal of certain non-conforming signs and notification of same; and establishing an effective date. THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES ORDAIN AS FOLLOWS: Section 1. Section 1 of Ordinance 2249 and Section 17.50.050 of the Port Townsend Municipal Code are each hereby amended to read as follows: 17,50.050 Commercial historic districts. The following sign regulations shall apply within the C-I, C-II, C-III and P-I zoning districts, wherever lands within these zoning districts are also within the historic district. A. Total allowable sign area is determined as follows: 1. One square foot of sign area for each lineal foot of primary street frontage of the primary building. 2. But, not less than forty (40) square feet for each primary building or, in the case of a multiple-business complex, for each separate store front. 3. Forty (40) square feet for an outdoor business which operates without a building. 4. Should more than one business share an entry, an additional six (6) square feet may be added for a multiple-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 (6) inches in height, window signs above the first floor, mural signs approved pursuant to subsection (I) below, and signs listed as exempt in Section 17.50.070 are not included in determining allowable sign area. 6. Within the total allowable sign area determined above, the total area of signs attached to any given wall shall not exceed forty (40) square feet or the sign area calculation derived from the street frontage of that wall, whichever is the greater 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 any building. Exceptions: a) window signs advertising an establishment located on an upper floor and placed in the window of such an establishment. -1- (Port Townsend, 10/91) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 b) freestanding and portable signs are limited to five (5) feet in height, except sandwich board, signs which are limited to fou.r (4) feet in height. six (6) 1. 2. 3. inches 4. 5. Pr0_iecting signs are subject to the following additional regulations: 1% larger than twelve (12) square feet per side. May project no more than four (4) feet from the building. Minimum clearance of eight (8) feet must be maintained above the sidewalk and from the vertical wall. Only one projecting sign, including symbol signs, is allowed for each main entry. Projecting signs may be illuminated only by indirect lighting. D. Window signs. 1. Window signs require a sign permit unless lettering is less than six (6) inches in height. 2. Window signs above the first floor are allowed 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 twelve (12) square feet in sign area per side. 2. Pole signs are permitted only if mounted on two poles placed at the outermost sides of the sign face. 3. Sandwich board ,signs may be placed upon a public or private sidewalk sub)ect to the following restrictions and requirements: .~ Written permission must be obtained from the.owner of the property in front of which the sign is to be placed. b_l Signs may be placed near markings separating parking s_mces, but not within a crosswalk and not closer than fifteen (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: Lip to three (3) sandwich board signs may be placed on the sidewalk of any street which intersects water street when placed adjacent -2- (Port Townsend, 10/91) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 to but not obstructing the crosswalk adjacent to Water Street. ~qDWICfl c_.l Maximum sign area is eight (8) square feet per sign face; maximum sign width is thirty (30) inches; maximum sign height is four (4) feet; minimum sign height is thirty_ (30) inches, d_l Signs must be placed at least thirty (30) inches but no further than six (6) feet from curb, or if placed adjacent to a building, no further than three (3) feet from the building line. Exception: Signs may be placed within twelve (12) inches of the curb line wherever parking is prohibited in the adjacent street. Signs may not be placed closer than twelve (12) inches from any tree grate or other planting. advertises a business No sandwich board sign may be placed within the Historic District which or premises which is located outside of the Historic District. The sign area of each sandwich board sign shall be included in the total allowable sign area calculated pursuant to subsection (Al of this section for the premises in which the business advertised is located. Exception: The sign area of tour assembly signs erected pursuant to subsection (J) of this section shall not be included in the sign area calculation of any building. h_..l Continuous proof of liability insurance must be provided naming the City of Port Townsend as additional insured in amount and policy provisions as approved by the Clerk-Treasurer of the City. Each sign must be of sound construction and designed to the satisfaction of the Director tO withstand high winds. j.l No more than one sandwich board sign may be erected for each business advertized. ((5)) 4. No other pole signs, portable, sandwich board, sidewalk or other freestanding signs are allowed, unless expressly authorized by herein. -3- (Port Townsend, 10/91) 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 square square F. Illuminated signs. 1. Subdued, indirect fighting of signs is encouraged. 2. The total area of signs illuminated by internal lighting shall not exceed six (6) feet per separate store front. 3. Signs illuminated by neon lighting may have a total sign area of up to twelve (12) feet per separate store front. G. Signs identifying rear entrances shall be no more than four (4) square feet in area. H. Signs .d~rected 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 Commission. Upon application, the Historic Preservation Commission may authorize such mural signs upon a finding that the design and placement of the proposed sign contributes to the historic district. The Historic Preservation Commission 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 Commission shall be based upon specific standards adopted by the Commission and shall be submitted in writing to the Director who shall attach same to the application for sign permit. 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 historic district, 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 of Port Townsend as additional insured. The Clerk- Treasurer shall approve the amount and policy provisions of such liability insurance. The sign area of such sign shall not exceed six (6) 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 Director is hereby authorized to permit erection of kiosks by the City of Port Townsend or by one or more non-profit community organizations representing a large number of retail businesses. Such kiosks must be shown to provide community bulletin board services of broad public interest and a current directory of retail businesses. No more t_han three such kiosks may be placed within the downtown commercial area of the historic district, nor more than one within the uptown commercial area. -4- (Port Townsend, 10/91) 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 L. Prohibited signs. 1. In addition to those signs listed as prohibited in Section 17.50.080, readerboard signs and off-premises real estate signs are not permitted in the Historic District. ((2 , ........ )) Section 2. Section 1 of Ordinance 2249 and Section 17.50.060 of the Port Townsend Municipal Code are each hereby amended to read as follows: i7,50,060 Commercial Business and Public Use Districts (C-I, C-II, C-III, and P-I zones), except commercial historic distriCtS. In addition to the other applicable provisions of this chapter, the following regulations also apply in each commercial business and public use zoning district: A. Total allowable sign area is determined as follows: 1. One square foot of sign area for each lineal foot of primary street frontage of the primary building. 2. But, not less than one hundred (100) square feet for each primary building, nor less than thirty-two (32) square feet for each business in a multiple business complex. 3. Forty (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 thirty-two (32) square feet. 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 (6) inches in height, motor fuel price signs erected pursuant to subsection (G) below, monument signs erected as a directory sign for a multiple-business complex pursuant to subsection (E)(2) below, service club signs authorized pursuant to Section 17.50.090, and signs listed as exempt in Section 17.50.070 are not included in the determination of allowable sign area. B. Maximum sign height is as follows: 1. Seventeen feet, but in no event may signs extend higher than the nearby surface of the roof of the building. 2. 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. 3. Five (5) feet for a monument sign of a single-business or multiple-tenant building. 4. Five (5) feet plus one foot per each separate business advertised on a monument directory sign of a multiple-business complex. -5- (Port Townsend, 10/91) 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 six (6) 1. 2. 3. inches 4. Projecting signs are subject to the following additional regulations: No larger than sixteen (16) square feet per side. May project no more than four (4) feet from the building. Minimum clearance of eight (8) feet must be maintained above the sidewalk and from the vertical wall. Only one projecting sign, including symbol signs, is allowed for each main entry. height. Window signs require a sign permit unless lettering is less than six (6) inches in E. Freest~ding signs. 1. Each single-business or multiple-tenant building shall be allowed one monument sign not to exceed a sign area of twenty-four (24) square feet. 2. Each multiple-business complex is allowed one monument sign per street frontage for a directory sign. The sign area of such directory sign is not to exceed thirty-two (32) square feet plus six (6) square feet per separate business advertised. 3. Each such allowed monument sign may not exceed a sign area of eighty (80) square feet, nor a sign face width of ten (10) feet. 4. Monument signs must be set back from property lines a distance of one foot for each one foot of sign height in excess of five (5) feet. Exception: The Director is authorized to permit alternate monument sign placement as part of a streetscape improvement project in conformance with the Gateway Development Plan. 5. Each monument sign shall have a landscaped area at the base of the sign at least twice the size of the sign area. 6. Temporary. sandwich board signs, are allowed for a period of two (2) years following adoption of the Gateway Development Plan or until December 31, 1994, whichever occurs first, subject to the following requirements and restrictions: a) Only on-premises signs are allowed, unless the sign is placed immediately in front of the advertized premises. b_.l Maximum sign area is eight (8) square feet per sign face; maximum sign width is three (3) feet: maximum sign height is three (3) feet; minimum sign height is two (2) feet. Exception;. Maximum sign height may be increased to five (5) feet if separated from entering and exiting traffic by a landscaped island providing at least ten (!0) feet of lateral separation. c_l 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. d) Continuous proof of liability insurance must be provided naming the City of Port Townsend as additional insured in amount and policy provisions as a_~t>roved by the Clerk-Treasurer of the City. ~ Each sign must be of sound construction and designed to the satisfaction of the Director to withstand high winds. -6- (Port Townsend, 10/91) 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 advertized. ((~)) 7. No more than one sandwichb0ard sign may be.erected for each business No other freestanding or portable signs are allowed. F. Illuminated signs. 1. Indirect lighting is encouraged. 2. Signs illuminated with internal or neon lighting are limited to a sign face area of twenty-five (25) square feet. G. Readerboard signs may not exceed twelve (12) square feet per sign face. Exceptions: 1. In addition to the sign area allowed pursuant to subsection (A), above, any business selling motor fuel to the public may have one permanently-mounted motor fuel price sign not to exceed eighteen (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 (4) 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 non-profit organization under contract with the city. Such sign may not exceed a sign area of fifty (50) square feet per sign face. 2. Portable readerboard signs are not permitted. Section 3. Section 1 of Ordinance 2249 and Section 17.50.080 of the Port Townsend Municipal Code are each hereby amended to read as follows: 17.50.080 Prohibited. signs. A. B. C. D. The following signs are prohibited within the city: Abandoned signs. Bench signs. Billboards. 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 within the national historic district. -7- (Port Townsend, 10/91) 2~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 Portable readerboard signs. Roof-mounted signs, including any signs painted directly on the roof surface. 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 (2) square feet in area attached to or placed on a vehicle or trailer on public or private property; provided, however, that this provision shall not be construed as prohibiting the identification of a firm or its products on a vehicle operating during the normal course of business. Franchised buses and 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, kiosks and signs which overhang the public right-of-way as specifically authorized herein. N. Signs in city-designated buffer zones or greenbelt areas. 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 on the premises, P. Signs contrary to the provisions of this chapter. Q. Streamers. ((8)) R. Signs with any sign face larger than twenty-five (25) square feet which is illuminated all or in part by internal lighting. Section 4. SectiOn 1 of Ordinance 2249 and Section 17.50.180 are each 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, 1992; 2. For signs made nonconforming by the passage of the ordinance codified in this Chapter, July 31, 1997; -8- (Port Townsend, 10/91) 1 3. For signs made nonconforming by passage of any subsequent ordinance, 6 years 2 after the effective date of said ordinance. 3 4 B. Exception pertaining to certain flashing, blinking of revolving signs. Insofar as 5 any sign or parts thereof flash, blink, move, or revolve in a manner prohibited by Section 6 17.50.080, such nonconformity shall be terminated no later than thirty (30) days after the 7 effective date of this ordinance. Otherwise, such other nonconforming conditions of such sign 8 are subject to the provisions of this section pertaining to nonconforming signs. 9 10 C. Exception pertaining to portable signs, banner signs and streamers. All 11 nonconforming portable signs, banner signs and streamers shall be removed within ((aiaety 12 (90-))) one hundred and twenty_ (120) days of the effective date of this amendatory ordinance. 13 14 D. Incentive for early compliance. Whenever a nonconforming, permanent roof- 15 mounted or pole sign is voluntarily removed or otherwise brought into compliance with this 16 chapter at least one year earlier than required by this section, the business advertized by such 17 sign shall be entitled to a sign area bonus equal to ten (10) square feet of sign area for each year 18 prior to the expiration of the amortization period of the subject sign. Such bonus shall be in 19 addition to the sign area otherwise permitted by the provisions of this chapter, and shall remain 20 in effect for a period of ten (10) years or until the business ceases to operate, whichever occurs 21 first. 22 23 E. Loss of nonconforming status. 1. A nonconforming sign shall immediately lose 24 its legal, nonconforming status if: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 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 -9- (Port Townsend, 10/91) 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 city records within sixty (60) days of the effective date of ((0,,e)) this amendatory ordinance xx*,~-,~l-~,-~tt~''q;~a ~.,~ ~:~,,,o ~, ..... )) 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 Sl~ified 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 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 title. Section 5. Severabi!ity. 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 6. Effective date. This ordinance shall take effect upon its passage, approval and publication as provided by law. Read for the first/ second~ and third time times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this /~'~ day of ~9~ . , 1991. - 10- (Port Townsend, 10/91) 22~5' v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O Brent S. Shirley, Mayor ~ ATTEST: ~ ~k fo : Keith C. Harper, City Attorney Passed by the City Council: Signed by the Mayor: Published: Effective Date: 1991. 1991. 1991. ,1991. added text ((~z!:~.z~. t~xt)) -11- (Port Townsend, 10/91)