HomeMy WebLinkAboutORDINANCE 1893-2001G
SUBSTITUTE
Suggested by: Administration
CITY OF KENAI
ORDINANCE N0. 1893-2001
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING
THE CURRENT SIGN CODE, KMC 14.20.220, AND REPLACING IT WITH A NEW SIGN
CODE, KMC 14.20.220.
WHEREAS, the current KMC 14.20.220 entitled "Signs and Advertising Devices" is
outdated and in need of revision; and
WHEREAS, a new KMC 14.20.220 entitled "Signs" has been drafted and is attached as
Attachment A; and
WHEREAS, a summary of the new ordinance "Signs" in table form was prepared for
reference; and
WHEREAS, a comparison of the current sign code (Signs and Advertising Devises) and
the proposed sign code (Signs) was prepared for reference; and
WHEREAS, the changes in the new sign code will modernize the rules and procedures
for signs and advertising devices within the city of Kenai; and
WHEREAS, it is in the best interest of the city of Kenai to enact the new sign code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
Alaska, that KMC 14.20.220 entitled "Signs and Advertising Devices" is repealed and
replaced by a new KMC 14.20.220 entitled "Signs" as appears in Attachment A of this
ordinance.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March,
2001.
r...
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
February 7, 2001
March 21, 2001
April 21, 2001
1.4.20.220 Signs.
(a) General Requirements:
(1) A permit shall be obtained from the administrative official prior to the installation of
any sign, nameplate, advertising sign or advertising structure except as provided in
subsection (c). Construction and erection of signs shall be in accordance with this
chapter, with the Uniform Sign Code, and with the National Electrical Code, except
that temporary signs need not be constructed according to the Uniform Sign Code.
(2) When a building permit is obtained for the construction of a building, signs for that
building that conform to this Code shall be considered as part of the valuation of that
building. The fee for signs not covered by a building permit shall be set as provided
by KMC 7.15.100.
(3) A permit for a commercial advertising sign shall be issued only if the sign will be
located on the premises advertised, or on the common property available for such
purposes to all commercial occupants of a multiple commercial development such as
malls.
(4) Penalties for violations of this section shall be as set forth in KMC 14.20.260(e).
(5) If any of the provisions of this Code hereby adopted conflict with the Uniform Sign
Code adopted by reference, the provisions of this Code will prevail.
(6) Signs shall be erected and maintained plumb, level, and true and kept repaired,
painted, and maintained.
(7) The Building Official shall determine the area of all signs and shall classify all si s.
(8) Existing signs for which no permit was obtained: When the owner of record of a lot
~ or lessee of a lot on which a si or si s are locate
gn gn d that do not conform to the
provisions of this Code has been notified that such sign or signs are non-conforming,
the owner shall make the sign or signs conforming within ten (10) days from the date
of such notice or remove the sign.
(9) Relief from the provisions of this section may be provided by a variance as prescribed
under KMC 14.20.180.
(10) A permit issued under the provisions of this section shall become null and void if the
sign erection or other work authorized by such permit is not commenced within
ninety (90) days of the date of issuance, or if the sign display or work authorized by
such permit is suspended or abandoned for a period of ninety (90) days any time after
the display or work is commenced.
(11) The City of Kenai or any other governmental agency may erect on-premises public
informational signs as otherwise allowed in this section. City of Kenai or any other
governmental agency off premises public informational signs or public informational
signs not otherwise in compliance with this section maybe allowed by variance under
KMC 14.20.180. For purposes of this section, legal notices, or signs directing or
regulating pedestrian or vehicular traffic or public safety signs are not considered
public informational signs.
(b) Residential Zones. For the purposes of this section, the following shall be considered
residential zones: RR, RS, RR-1, RS-1, RS-2, RU, R & TSH. Signs are allowed in the
residential zones as follows:
(1) Allowed signs not requiring a permit.
Attachment A Page 1 of 7
Ordinance 1893-2001
(A) Public signs erected by or on behalf of a governmental body to post legal
notices, identify public property, convey public information, and direct or
regulate pedestrian or vehicular traffic.
(B) Personal message signs of a total of not more than five (5) square feet,
containing non-commercial messages or used to advertise the sale or lease of
the property on which it is located.
(C) Traditional holiday decorations.
(D) Signs in the nature of cornerstones, commemorative plaques, historical signs,
building name and street number.
(E) Signs within a building or on a structure or fence located at an outdoor
sporting event, sporting facility or sports field.
(F) Temporary signs of not more than five (5) square feet advertising such items
as "yard sale," "garage sale," "property for sale," "open house" or "lemonade"
may be displayed for one week. Such signs must display the name, address
and telephone of an adult person conducting/supervising such sale and must
be dated.
(G) Signs erected on a lot or lots screened or fenced so that no part is visible from
a public-right of way or another lot.
(H) Construction signs. During construction, repair, or alteration of a structure,
temporary signs that denote the architect, engineer, contractor, or builder or
which denote the name of the structure and its use or occupants-to-be may be
erected on the construction site. Each sign shall be no more than thirty-two
(32} square feet in size and no more than one such sign shall be permitted for
~ each architect or en ineerin firm contractor builder owner or den
g g oting the
name, use, and occupants-to-be of the structure. Any of these may be
combined on one or more signs but the total square footage of the sign or
signs shall not exceed that set out above. All construction signs shall be
removed when the proj ect is completed.
(I) A flag or insignia of any nation, organization of nations, state, borough, city
religious, civic, fraternal organization, or educational institution except flags
used in connection with a commercial promotion or as an advertising device.
(J) Events signs. Unlighted sign(s) of up to thirty-two (32) square feet may be
displayed for the purpose of announcing an event of civic, philanthropic,
educational or religious organization. Signs may be installed no sooner than
ten (10) days prior to the event announced and shall be removed within five
days aver the event. No event signs maybe installed for a period exceeding
thirty (30) days in any ninety (90) day period. The ninety (90) day period
begins on the first day the event sign is displayed.
(K) Political signs. Political signs shall be removed within two (2) weeks after the
date of the election that the signs were displayed to promote; provided that
signs erected for any primary election that remain relevant to the following
general election maybe maintained until two (2) weeks following the general
election. If aver reasonable notice, such signs are not removed, the City may
remove them and the candidate, organization, or person who caused the sign
to be placed may be charged for said removal.
(2) Allowed signs requiring a permit.
Attachment A Page 2 of 7
Ordinance 1893-2001
(A) Signs identifying a home occupation. One sign per use not exceeding (5) five
square feet. Such sign shall be no closer than ten (10) feet to any property line
or shall be flat against the building. No lighting is permitted.
(B) Bulletin boards. Bulletin boards or permanent changeable letter signs located
on the premises shall be permitted for churches, schools, community centers
_ and public, charitable or institutional uses. Such signs shall contain no more
than thirty-two (32) square feet in area. Such signs may be used as wall signs;
may be used as ground signs when located a minimum of ten (10) feet from
the street lot line; may be indirectly illuminated.
(C) Signs for other allowed and conditional uses. One sign per use not to exceed
thirty-two (32) square feet in area for multi-family dwellings, clubs,
professional offices, churches, and other similar uses. Such signs shall be no
closer than ten (10) feet to any property line or shall be flat against the
building.
(D) Signs for non-conforming uses. Anon-conforming use in a residential zone
may have one sign per property, unlighted, and no larger than thirty-two (32)
square feet in area. Such signs shall be no closer than ten (10) feet to any
property line or shall be flat against the building.
(E) A permanent subdivision sign may be placed at one entrance to a subdivision
and may contain only the name of the subdivision. Such sign shall not exceed
thirty-two (32) square feet. Any illumination shall be by indirect means.
(3} Prohibited Signs.
(A) Audio signs.
B
() Beacon si s.
~
(C) Unauthorized signs in the right-of way or on city property. Such signs maybe
removed and disposed of without notice.
(D) Signs that are higher than 32 (thirty-two) feet above the adjacent ground or
pavement level.
(E) Signs containing profane or indecent words or illustrations.
(F) Signs containing electrical equipment or electrical apparatus of any kind that
causes interference with radio, television, or telephone signals or reception.
(G) Signs placed on trailers or vehicles, which as parked or located are designed
primarily to display said sign. This does not apply to signs or lettering on
buses, taxis, or vehicles operated in the normal course of business.
(H) Flashing or intermittent illumination are not permitted.
(I) Balloons or other inflatable orgas-filled figures or signs.
(J) Signs not mentioned in the code are prohibited.
(K) No sign shall be erected at any location where by reason of the position,
shape, intensity, or color of such sign it may interfere with, obstruct the view
of or be confused with any authorized traffic sign, signal or device. No sign
shall be attached to any traffic sign or signal device, or to any public sign or
signpost.
(L) No sign other than public signs shall be placed within twenty (20) feet of any
intersection as measured from the nearest intersection of street right-of way
lines.
Attachment A Page 3 of 7
Ordinance 1893-2001
(M) No off premises commercial advertising signs, including billboards, except as
allowed in section (b)(1)(F), or at an outdoor sporting event, sports facility, or
sports field.
(N) Portable signs.
(0) Fence signs.
(c) Commercial and Industrial Zones. For purposes of this section, the following districts
shall be considered commercial districts: CC, CG, IL, and IH. Signs are allowed in these
districts as follows.
(1) Allowed signs not requiring a permit.
(A) Public signs erected by or on behalf of a governmental body to post legal
notices, identify public property, convey public information, and direct or
regulate pedestrian or vehicular traffic.
(B) Personal message signs of a total of not more than 5 square feet containing
non-commercial messages.
(C) Traditional holiday decorations.
(D) Temporary banners of not more than thirty-two (32) square feet. No
temporary banners shall be installed or placed for a period to exceed thirty
(30) days in any ninety (90) day period.
(E} Signs in the nature of cornerstones, commemorative plaques, historical signs,
building name, or street number.
(F) Signs within a building or on a structure or fence located at an outdoor
sporting event, sporting facility or sports Meld.
(G} Temporary signs of not more than five (5) square feet advertising such items
as " and sale " " ara a sale " " r " " "
y g g p operty for sale, open house or lemonade
may be displayed for one week. Such signs must display the name, address
and telephone number of an adult person conducting/supervising such sale and
must be dated.
(H) Signs erected on a lot or lots that are fenced or screened so that no part is
visible from apublicright-of-way or another lot.
(I) Construction signs. During construction, repair, or alteration of a structure,
temporary signs that denote the architectural or engineering firm, contractor or
builder that denote the name of the structure and its use or occupants-to-be
may be erected on the construction site. Each sign shall be thirty-two- (32)
square feet or less in size and no more than one such sign shall be permitted
for each architectural or engineering firm, contractor, builder, owner, or
denoting the name, use and occupants-to-be of the structure. Any of these may
be combined on one or more signs but the total square footage of the sign or
signs shall not exceed that set out above. All construction signs shall be
removed when the construction is completed.
(J) A flag or insignia of any nation, organization of nations, state, borough, city,
religious, civic, fraternal organization, or educational institutional except flags
used in connection with a commercial promotion or as an advertising device.
(K) Event signs. One unlighted sign of up to thirty-two (32) square feet may be
displayed for the purpose of announcing an event of civic, philanthropic,
educational or religious organization. Signs may be installed no sooner than
ten (10) days prior to the event announced and shall be removed within five
Attachment A Page 4 of 7
Ordinance 1893-2001
days after the event. No event signs may be installed for a period exceeding
thirty (30) days in any ninety (90) day period. The ninety (90) day period
begins on the first day the event sign is displayed: Event signs shall contain
the date of their placement.
(L) Real estate signs of thirty-two (32) feet or less used to advertise the sale or
lease of the property on which the sign is located.
(M) A sandwich board sign of not more than sixteen (16) square feet exclusive of
other signs allowed.
(N) Political signs. Political signs shall be removed within two (2) weeks after the
date of the election that the signs were displayed to promote; provided that
signs erected for any primary election that remain relevant to the following
general election may be maintained until two (2) weeks following the general
election. If after reasonable notice, such signs are not removed, the City may
remove them and the candidate, organization, or person who caused the sign
to be placed may be charged for said removal.
(2) Allowed signs requiring a permit.
(A) One freestanding or marquee per premises of not more than 120 square feet.
Where there is more than one business on a premises a combined freestanding
or marquee sign of not more than 200 square feet.
(B) One roof sign of not more than 64 square feet. Where there is more than one
business on a premises, a combined roof sign of not more than 128 square
feet.
(C) Rotating signs are allowed, but may not exceed the square footage set forth
above.
(D) Real estate signs larger than 32 square feet advertising the sale or lease of the
property on which the sign is located.
(E) Fence signs of not more than sixty-four (64) square feet. Where there is more
than one business on a premises, fence signs may not exceed one hundred
twenty-eight (128) square feet.
(3) Prohibited signs.
(A) Audio signs.
(B) Beacon signs.
(C) Unauthorized sign in the right-of way or on city property. Such signs maybe
removed and disposed of without notice.
(D) Portable changeable letter electric ornon-electric signs.
(E) Signs, other than roof signs, which are higher than thirty-two (32) feet above
the adjacent ground or pavement level. No roof sign shall be higher than eight
(8) feet above the .roof on which it is placed.
(F) Signs containing profane or indecent words or illustrations.
(G) Signs containing electrical equipment or electrical apparatus of any kind that
causes interference with radio, television, or telephone signals or reception.
(H) Signs placed on trailers or vehicles, which as parked or located are designed
primarily to display said sign. This does not apply to signs or lettering on
buses, taxis, or vehicles, operated in the normal course of business.
Attachment A Page 5 of 7
Ordinance 1$93-2001
(I) Flashing or intermittent illumination signs are not permitted except time and
temperature, automatic changing message signs and traditional holiday
decorations.
(J) Balloons or other inflatable orgas-filled figures or signs.
(K) Signs not mentioned in this code are prohibited.
(L) No sign shall be erected at any location where by reason of the position,
shape, intensity, or color of such it may interfere with, obstruct the view of, or
be confused with any authorized traffic sign, signal or device, or to any public
sign or signpost.
(M) No sign other than public signs shall be placed within twenty (20) feet of any
intersection as measured from the nearest intersection of street right of way
lines.
(N) No off premises commercial advertising signs, including billboards, except as
allowed under section (c)(1)(G), or at an outdoor sporting event, sports facility
or sports field.
(d) Signs allowed in the Conservation Zone. Public signs erected by or on behalf of a
governmental body to post legal notices, identify public property, convey public
information, and direct or regulate pedestrian or vehicular traffic.
(e) Non-conforming signs.
(1) After the enactment of this section, signs located within the City of Kenai on the
effective date of this section that do not conform to the requirements of this code,
shall be classified as legal "non-conforming" signs if the sign was in compliance
with applicable law on the date of adoption of this code.
(2} A legal non-conforming sign shall immediately lose its legal non-conforming
designation if:
(A) The sign is altered in any way in structure which tends to increase its
non-conformity with the requirements of this code;
(B) The sign structure is relocated;
(C) The sign (except for copy on a changeable copy sign) is replaced.
Upon the occurrence of A, B or C above, the sign shall be immediately brought
into compliance with this code with a new permit secured or it shall be removed.
(fj Specific Definitions Pertaining to Signs
(1) "Applicant" means any for-profit or non-profit enterprise, or organization, or any
individual not acting on behalf of such an enterprise or organization.
(2) "Audio sign" means a sign that emits a noise or sound, either spoken words, music,
or singing.
(3) "Banner" means a sign constructed of flexible material, such as cloth, which moves
upon being subjected to pressure by the wind.
(4) "Beacon sign" means a light with one or more beams capable of being directed in
any direction or directions or capable of being revolved.
(5) "Combination sign" means a sign incorporating any combination of the features of
pole, projecting, and roof signs.
(6) "Curb line," means the line at the face of the curb nearest to the street or roadway. In
the absence of a curb, the curb line shall be established by the City Engineer.
(7) "Display surface" means the area made available by the sign structure for the
purpose of displaying the advertising message.
Attachment A Page 6 of 7
Ordinance 1893-2001
1
I
(8) "Electric sign" means any sign containing electrical wiring, but does not include
signs illuminated by an exterior light source.
(9) "Fence sign" means a sign other than a real estate or home occupation sign displayed
upon fences or upon walls that are not an integral part of a building or walls that are
used as fences.
(10) "Fin sign" means a sign that is supported wholly by a building or partly by poles and
partly by a building.
(11) "Ground sign" means a sign which is supported by one or more uprights, poles, or
braces in or upon the ground other than a combination .sign, fin sign, or pole sign as
defined by this Code.
(12) "Legal setback line" means a line established by ordinance beyond which a building
may not be built. A legal setback line may be a property line.
(13) "Marquee" means a permanent weatherproof structure attached to, supported by a
building, and proj ecting from the wall of the building.
(14) "Pole sign" means a sign wholly supported by a sign structure in the ground.
(15) "Political sign" means a sign promoting a candidate for political office, or promoting
any position on a ballot proposition.
(16) "Portable display surface" means a display surface temporarily fixed to a
standardized advertising structure that is regularly moved from structure to structure
at periodic intervals.
(17) "Portable sign" means a sign other than a temporary sign that is not attached to any
building or structure. It may readily be moved from one location to another. It is
designed to rest on the ground when displayed and maybe with or without its own
wheels. It may or may not be lighted.
(18) "Projecting sign" means a sign other than a wall sign, which projects form and is
supported by a wall of a building or structure.
(19) "Real estate sign" means a sign advertising the sale, lease or rent of one or more lots
or acreage or the improvements thereon by a real estate company or individual
licensed by the State of Alaska.
(20) "Roof sign" means a sign erected upon or above a roof or parapet of a building or
structure.
(21) "Sign" means any words, letters, parts of letters, figures, numerals, phrases,
sentences, emblems, devices, trade names, or trade marks by which anything is made
known, such as are used to designate an individual, a firm, an association, a
corporation, a profession, a business, or a commodity or product which are visible
from any public street or highway and used to attract attention.
(22) "Sign structure" means a structure that supports or is capable of supporting any sign
as defined in this Code. A sign structure may be a single pole or poles and may or
may not be an integral part of a building.
(23) "Temporary sign" means any sign, banner, pennant, valance, or advertising display
constructed of cloth, canvas, light fabric, cardboard, wall board, or other light
materials, with or without frames, designed to be displayed for a limited period of
time only.
(24) "Wall sign" means any sign attached to, painted on, or erected against the wall of a
building or structure, with the exposed face of the sign in a plane parallel to the
plane of the said wall.
Attachment A
Ordinance 1893-2001
Page 7 of 7
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1
CURRENT KMC 14.20.220
Note: The numbering in the new ordinance has changed significantly.
14.20.220 Signs and advertising devices.
(a) General Requirements:
(1) A permit shall be obtained from the administrative official prior to
the installation of any sign, nameplate, advertising sign or advertising
structure except as provided in subsection (c). Construction and
erection of signs shall be in accordance with this chapter, with the
Uniform Sign Code, and with the National Electrical Code.
Fees will now be (2) When a building permit is obtained for the construction of a
covered under KMC building, signs for that building which conform to this Code shall be
7.15.100 (set by the considered as part of the valuation of that building. The fee for signs
City Manager). not covered by a building permit shall be as follows:
Hame Occupation Signs .............................. $ 5.00
Portable Signs ........................................5.00
Pennant Signs .........................................5.00
Electrical Signs ......................................25.00
All Other Signs .......................................15.00
Last sentence deleted. (3) A permit for a commercial sign shall be issued only if the sign will
be located on the premises advertised, or on the common property
available for such purposes to all commercial occupants of a multiple
commercial development such as malls. [THE CITY OF KENAI
MAY ERECT, OR MAY ALLOW ANOTHER GOVERNMENTAL
AGENCY TO ERECT, INFORMATION SIGNS AS THEY DEEM
NECESSARY.]
(4) Penalties for violations of this section shall be as set forth in KMC
14.20.260(e).
(5), If any of the provisions of this Code hereby adopted conflict with
the Uniform Sign Code adopted by reference, the provisions of this
Code will prevail.
(6) Signs shall be erected and maintained plumb, level, and true and
kept repaired, painted, and maintained.
(7) The Building Official shall determine the area of all signs and
shall classify all signs.
(8} Existing signs for which no permit was obtained: When the owner
of record of a lot or lessee of a lot on which a sign or signs are located
that do not conform to the provisions of this Code has been notified
that such sign or signs are non-conforming, the owner shall make the
sign or signs conforming within ten (10) days from the date of such
notice or remove the sign.
Deleted. (9) All signs except temporary signs shall be designed according to
the Uniform Sign Code.
(10) Relief from any of the provisions of this section may be provided
Page 1 of 7
by a variance as prescribed under KMC 14.20.180.
(1 ~) A permit issued under the provisions of this section shall become
null and void if the sign erection or other work authorized by such
permit is not commenced within ninety (90) days of the date of
issuance, or if the sign display or work authorized by such permit is
suspended or abandoned for a period of ninety (90) days any time after
the display or work is commenced.
Added a new section. See Page 1 of Attachment A.
Note: The new code places sections for Prohibited Signs and Allowed Signs
Not Requiring a Permit in sections by zones.
(b) Prohibited Signs:
(1) No sign shall be erected at any location where by reason of the
position, shape, intensity, or color of such sign it may interfere with,
obstruct the view of, or be confused with any authorized traffic sign,
signal or device. No sign shall be attached to any traffic sign or signal
device, or to any public sign or sign post.
(2) No sign other than public signs shall be placed within twenty (20)
feet of any intersection as measured from the nearest intersection of
streetright-of way lines.
Not permitted in (3) Flashing signs or intermittent illumination are not permitted
residential zones. except time and temperature, automatic changing message signs and
Some types allowed in traditional holiday decorations. Only that part of time and temperature
commercial zones. and changing message signs which contain advertising will be
considered as part of allowable sign area.
(4) Audio signs are not permitted in any zone.
(5) The use of profane or indecent words or illustrations is prohibited.
(6) Beacon signs are prohibited.
Deleted (7) Bench signs are prohibited.
(8) No electrical equipment or electrical apparatus of any kind which
causes interference with radio or television reception shall be used in
the operation of any sign.
(9) Unauthorized signs in any right-of--way or on City property may
be removed by the City and disposed of.
(10) Signs not mentioned in this Code are prohibited.
Roof signs not allowed (11) No sign, except roof signs, shall be higher than thirty-two (32)
in residential zones. feet above the adjacent ground or pavement level. No roof sign shall
be higher than eight (8) feet above the roof on which it is placed.
(12) Portable changeable. letter electric ornon-electric signs are not
permitted except as provided for in KMC 14.20.220(e)(3).
Allowed at sporting (13) No off premises commercial advertising signs, including
events. billboards, are allowed in any zone.
Added signs placed on
vehicles when used
primarily to display the
Slgn.
Page 2 of 7
Added balloons or
inflatable orgas-filled
figures or signs.
(c) Signs Not Requiring a Permit:
(1) Signs erected on a lot or lots that are fenced or screened so that no
part is visible from apublicright-of way or another lot are exempt
from this Code.
(2) Political signs may be displayed in any zone except conservation
without permit but must comply with the regulations of this Code. All
political signs shall be removed within two (2) weeks after the date of
the -election that the signs were displayed to promote; provided that
signs erected for any primary election that remain relevant to the
following general election may be maintained until two weeks
following the general election. If, after reasonable notice, such signs
are not removed, the City may remove them, and the candidate,
organization, or person who caused the sign to be erected maybe
charged for said removal. (Ord. 1657-95)
(3) Construction signs: During construction, repair, or alteration of a
structure, temporary signs which denote the architect, engineer,
contractor, or builder or which denote the name of the structure and its
use or occupants-to-be may be erected on the construction site. Each
sign shall bethirty-two (32} square feet or less in size and no more
than one such sign shall be permitted for each architect, engineer,
contractor, builder, owner, or denoting the name, use and occupants-
to-be ofthe structure. Any of these may be combined on one or more
signs but the total square footage of the sign or signs shall not exceed
that set out above. All construction signs shall be removed when the
construction is completed.
(4) Public safety signs exclusively relating to the safety of the public
(e.g., "no parking today," "use covered walkway
" "do not enter
"
,
,
"danger
" "loading zone") may be located as needed for public safety
,
.
Traffic signs may be erected by any governmental agency.
For residential zones (5) Real estate signs: One sign not exceeding five (5) square feet
covered under (b) (1) adv,,ertising the sale, rental, or lease of the building or premises on
(B). Commercial which it is maintained.
covered under (c) (1)
(L) and (c) (2) (D).
(6) Signs within a building.
(7) Temporary signs of not more than five (5) square feet maybe
displayed in any zone except conservation for one week but must
comply with other pertinent regulations of this Code. Signs advertising
sales, such as "garage," "moving," "yard," "house," or "lemonade"
may be displayed under this section and must have the name, address,
and telephone number of person conducting such sale and must be
dated.
Deleted. (8) No permit is required for copy changes on a conforming bulletin
board or marquee, for maintenance where no structural changes are
made or for copy changes on signs otherwise incompliance with this
Page 3 of 7
Code using interchangeable letters and numbers.
(9) A flag or insignia of any nation, organization of nations, state,
borough, city, religious, civic, fraternal organization, or educational
institution except such flags used in connection with a commercial
promotion or as an advertising device.
(10) Traditional holiday decorations.
(11) Signs in the nature of cornerstones, commemorative plaques,
historical signs, building name, and street number.
(d) Signs Permitted in Residential Zones:
Increased to 5 square (1) Signs identifying home occupations: One sign per use not
feet. exceeding four (4) square feet in area. Such sign shall be no closer
than ten (10) feet to any property line or shall be flat against the
building. No lighting is permitted.
(2}Bulletin Boards: Bulletin boards or permanent changeable letter
signs located on the premises shall be permitted for churches, schools,
community centers, and public, charitable, or institutional uses. Unless
otherwise permitted in the zone, such signs shall contain no more than
thirty-two (32) square feet in area. Such signs may be used as wall
signs; may be used as ground signs when located a minimum of ten
(10) feet from the street lot line; may be indirectly illuminated; and
one such sign shall be permitted for each street frontage.
(3) Signs for other permitted and conditional uses: One sign per use
not to exceed thirty-two (32) square feet in area for multi-family
dwellings, clubs, professional offices, and other similar uses. Such
sign shall be no closer than ten (10) feet to any property line or shall
be flat against the building.
Increased size to 32 (4) Signs for non-conforming uses: A legal non-conforming use in a
square feet. .residential zone may have one sign per property, unlighted, and no
larger than twenty (20) square feet in area. Such signs shall be flat
against the building or shall be located no closer than ten (10) feet to
any property line.
Deleted first section. (5) [REAL ESTATE SIGNS OF MORE THAN FIVE SQUARE
FEET: REAL ESTATE SIGNS ADVERTISING THE SALE OR
LEASE OF TWO ACRES OR MORE, OR FIVE OR MORE
CONTIGUOUS LOTS MAY BE COMBINED INTO ONE SIGN OF
NOT MORE THAN THIRTY-TWO (32) SQUARE FEET. THE
DISPLAY OF SUCH SIGNS SHALL BE LIMITED TO A PERIOD
OF TWO YEARS. PRIOR TO THE EXPIRATION THEREOF, THE
APPLICANT MAY REQUEST AN EXTENSION OF NOT MORE
~~ THAN ONE YEAR FROM THE COMMISSION. THE SIGN
SHALL BE REMOVED UPON THE EXPIRATION OF THE TWO-
YEARPERIOD OR EXTENSION THEREOF OR WITHIN TWO
WEEKS AFTER THE SALE OF THE PROPERTY.] A permanent
subdivision sign may be placed atone entrance to a subdivision and
may contain only the name of the subdivision. Such sign shall not
exceed thirty-two (32) square feet. Any illumination shall be by
indirect means.
Page 4 of 7
l
(e) Si ns Permitted in Commercial and Industrial Zones:
g
Increased size to 120 (1) All signs permitted by this Code, provided that the square footage
square feet for one of all signs other than wall, marquee, and roof signs shall not exceed a
business or 200 square total of 81 square feet per business. Where there is more than one
feet for multiple business on a premises, a combined sign for all businesses on that
businesses. Includes premises shall not exceed 154 square feet.
marquee when
measuring total size.
Provides for roof signs
of 64 square feet for
one business or 128 for
more than one business.
(2) Signs may rotate, but must not exceed the square footage set out
above.
Deleted. (3) A permit may be obtained for temporary use of portable
changeable letter electric ornon-electric signs. The permit shall be
valid for display of such signs for a continuous period of no longer
than seven (7) days. An applicant shall be limited to two permits
during any twelve-month period. Such signs shall comply with all
requirements of this Code.
Specifies size for fence (4) Fence signs shall be mounted in a plane parallel to the fence or
signs of 64 square feet wall and shall not extend above the top of the fence or wall.
for one business or 128
for more than one
usiness.
Deleted-unnecessary. (5) Signs may not project beyond the property line.
Deleted-Added (6) Pennant signs shall not exceed eight (8) square feet for each
banner under signs not pennant nor sixteen (16) square feet total per lot.
requiring a permit.
Changed that signs *32 (7) Real estate signs larger than five (5) square feet shall conform to
square feet do not all of the requirements of this Code.
,,
require a permit. Signs ,
>32 square feet require
a permit.
Added sandwich
boards.
(f~ Signs Permitted in the Townsite Historic District Zone: (Ord. 1726-97)
TSH sign requirements (1) Intent. The intent of the Townsite Historic District Zone sign
were added to the standards is to enhance, protect, and preserve the distinctive historical
residential zone section. character of Kenais historic district. It is intended that the signs
express the special character of the district, a style which relates to the
premises, and be of a size that is in scale with the building and
streetscape as a whole.
Page 5 of 7
(2) Signs identifying home occupations: One sign not exceeding four
(4) square feet in area. Such sign shall be no closer than ten (10} feet
to any property line. No lighting is permitted.
(3), Signs for non-conforming, permitted and conditional uses: One
sign ofthirty-two (32) square feet per free-standing building unless the
sign is a wall sign in which case it shall not be greater than ten percent
(10%) of the area of the wall to which it is connected, attached or
painted on, or thirty-two (32) square feet, whichever is less. Lighting
shall be by indirect means.
(4) Portable, changeable electric ornon-electric signs are not
permitted.
(Sy Roof signs are not permitted.
(6) Electric signs are not permitted.
(g) Signs Permitted in the Conservation Zone:
Modified wording. No sign shall be permitted in a conservation zone except signs erected
by the City of Kenai.
(h) Specific Definitions Pertaining to Signs:
(1) "Applicant" means any for-profit ornon-profit enterprise, or
organization, or any individual not acting on behalf of such an
enterprise or organization.
(2) "Audio sign" means a sign that emits a noise or sound, either
spoken words, music, or singing.
Added B anner.
(3) "Beacon sign" means a light with one or more beams capable of
being directed in any direction or directions or capable of being
revolved.
Deleted. (4~ "Bench sign" means any sign painted on or attached to a seat,
chair, or bench, any of which are visible to the public.
(5) "Combination sign" means a sign incorporating any combination
of the features of pole, projecting, and roof signs.
(6) "Curb line" means the line at the face of the curb nearest to the
street or roadway. In the absence of a curb, the curb line shall be
established by the City Engineer.
(7) "Display surface" means the area made available by the sign
structure for the purpose of displaying the advertising message.
(8) "Electric sign" means any sign containing electrical wiring, but
does not include signs illuminated by an exterior light source.
(9) "Fence sign" means a sign displayed upon fences or upon walls
that are not an integral part of a building or walls that are used as
fences.
(10) "Fin sign" means a sign which is supported wholly by a building
or partly by poles and partly by a building.
(11) "Ground sign" means a sign which is supported by one or more
uprights, poles, or braces in or upon the ground other than a
combination sign, fin sign, or pole sign as defined by this Code.
(12) "Legal setback line" means a line established by ordinance
beyond which a building may not be built. A legal setback line maybe
Page 6 of 7
a property line.
(13) "Marquee" means a permanent weatherproof structure attached
to and supported by a building and prof ecting from the wall of the
building.
Deleted. (14) "Pennant sign" means a sign constructed of flexible material,
such as cloth, which moves upon being subjected to pressure by the
wind.
(15) "Pole sign" means a sign wholly supported by a sign structure in
the ground.
(16) "Political sign" means a sign promoting a candidate for political
office, promoting any political position, opinion, or promoting any
position on a ballot proposition.
(1 ~) "Portable display surface" means a display surface temporarily
fixed to a standardized advertising structure which is regularly moved
from structure to structure at periodic intervals.
(18) "Portable sign" means a sign other than a temporary sign that is
not attached to any building or structure. It may readily be moved
from one location to another. It is designed to rest on the ground when
displayed and may be with or without its own wheels. It may or may
not,be lighted.
(19) "Projecting sign" means a sign other than a wall sign, which
projects form and is supported by a wall of a building or structure.
(20) "Real estate sign" means a sign advertising the sale, lease or rent
of one or more lots or acreage or the improvements thereon by a real
estate company or individual licensed by the State of Alaska.
(21) "Roof sign" means a sign erected upon or above a roof or parapet
of a building or structure.
(22) "Sign" means any words, letters, parts of letters, figures,
numerals, phrases, sentences, emblems, devices, trade names, or trade
marks by which anything is made known, such as are used to
designate an individual, a firm, an association, a corporation, a
profession, a business, or a commodity or product which are visible
from any public street or highway and used to attract attention.
(23) "Sign structure" means a structure which supports or is capable
of supporting any sign as defined in this Code. A sign structure may
be ~ single pole or poles and may or may not be an integral part of a
building.
(24) "Temporary sign" means any sign, banner, pennant, valance, or
advertising display constructed of cloth, canvas, light fabric,
cardboard, wall board, or other light materials, with or without frames,
designed to be displayed for a limited period of time only.
(25) "Wall sign" means any sign attached to, painted on, or erected
against the wall of a building or structure, with the exposed face of the
sign in a plane parallel to the plane of the said wall.
Page 7 of 7
CITY OF KENAI
-, Gil o~ ~4~~~"
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ FAX 907-283-3014 ~
w-~nm+cwr
tIIfI~
1992
MEMORANDUM
T0: Mayor John Williams and City Council Members
FROM: ~ C R. Graves Cit Attorne
D'~ ~'Y ~ Y Y
DATE: February 15, 2001
RE: Proposed Sign Code
A couple of issues have come up regarding the proposed sign code.
I.
The first one involves off premises commercial advertising. The question is whether including messages
for non-profits on an automatic changing message sign in a commercial zone would be allowable under
the new sign code. An example would be Three Bears putting up an automatic message regarding the
Boys and Girls Club or 4-H.
Automatic changing message signs are allowed in commercial and industrial zones under the new sign
code. See proposed KMC 14.20.220(c)(3)(I). Proposed KMC 14.20.220(c)(3)(N) prohibits "off premises
commercial advertising" in commercial and industrial zones. In my opinion, putting a message fora non-
profit group on an automatic changing message sign would not be commercial advertising unless the non-
profitpaid afee for the advertising.
II.
The second issue concerns proposed substitute KMC 14.20.220(a)(11). That section reads in part, "City
of Kenai or any other governmental agency off premises public informational signs or public
informational signs not otherwise in compliance with this section may be allowed by variance under
KMC 14.20.180" (emphasis added). The wording in bold was added by the Commission to an
amendment proposed by Council Member Bannock. It changed the intent of the section from controlling
city signs to attempting to also control state and federal signs.
We do not have the authority to regulate signs put up by state and federal agencies without their consent.
State Department of Corrections v. Johnson, 2 P.2d 56, 58 (Alaska 2000)(Municipal building code
applicable to state only because state consented by statute). Thus, the phrase in bold is unenforceable
without the consent of the governments involved.
Please let me know if ou have an uestions re ardin this memorandum.
Y Yq g g
CRG/sp