HomeMy WebLinkAboutORDINANCE 1052-198510—.
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Suggested by: Legal Department
CITY OF KENAI
ORDINANCE NO. 1052-85
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KENAI MUNICIPAL SIGN CODE, KMC 14.20.220.
WHEREAS, the Kenai City Council remains committed to the
enhancement of the est5etie environment of the City of Kenai
through regulation of sign structures; and
WHEREAS, the Kenai City Council remains committed to the
enhancement of traffic safety within the City of Kenai through
the regulation of sign structures; and
WHEREAS, the Kenai City Council seeks to enhance esthetics and
safety through regulation of sign structures with minimal
interference with the speech content of signs; and
WHEREAS, it is in the best interest of the community to adjust
certain size and fee requirements under the Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that KMC 14.20.220 be and hereby is amended as
follows:
14.20.220 _Signs and Advertising Devices: (a) General
(Ra uirements:
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 s:tbeection c). Construction and erection of signs s a I.
be in accordance with this chapter, [and] with the Uniform
Sic� n Code[.] and with the National Electrical Code.
(2) When a building permit is obta ned for the construction
of a building, signs for that building which 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 as follows:
Home occupation signs. . . . . . . . $ 5.00
Portable signs . . . . . . . . . . . 5.00
Pennant signs . . . . . . . . . . . 5.00
Electrical signs . . . . . . . . . . [40.001 25.00
All other signs. . . . (25.00J 15-.—rO
(3) [Signs permitted under this section ehall advertise
only the business or activity being conducted on the
immediate premises.] A permit for a commercial sign shall
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be issued only if the sign will be located on the premises
advertised, or on the common property available for such
purposes to all enmmercial 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 [any
irregularly shaped or unusual] all signs[. The Building
Official] 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 nonconforming, the owner shall make the sign or
signs confurming within (30] ten days from the date of such
notice[.] or remove the sign.
(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 by a variance as prescribed under KMC 14.20.180.
(11) 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 90
days of the ate of issuance, or if the awn diepley or work
authorized by such permit is suspended or abandoned for a
ep rio of 90 days any time after the disolav or work is
commenced.
(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 an public sign or sign post.
o sign other than public signs shall be placed
within 20 feet of any intersection as measured from the
nearest intersection of street right-of-way lines.
(3) Flashing signs or intermittent illumination are not
permitted except time and temperature, automatic changing
message signs and traditional holiday decorations. Only
that part of time and temperature 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.
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(5) the use of [immoral] profane or indecent [word or]
words[, a drawiiiy oz• drawings, and animated signs are] or
illustrations is prohibited.
b Beacon signs are prohibited.
(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 -way or on City
property may be removed by the City and disposed of.
(10) Signs not mentioned in this Code are prohibited.
(11) No sign, except roof signs, shall be higher than [16]
32 feet above the adjacent ground or pavement level. No
roof sign shall be higher than eight feet above the roof on
which it is placed.
(12) Portable changeable letter electric or non -electric
signs are not eermitted except as provided for in KMC
14.20.220(e)(3).
(13) No off -premises commercial advertising signs,
including billboards, are allowed in any zone.
(c) Slone Not Requiring a Permits
(1) Signs erected on a lot or lots that are fenced or
screened so that no part is visible from a public
right-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. [except KMC 14.20.220(a)(3). No
political sign may be displayed until such candidate has
qualified to be listed on the ballot for the next primary,
general, state, borough, municipal, or special election. No
political sign may be displayed until such ballot
proposition or bonding proposition has been qualified to be
listed on the ballot for the next primary, general, borough,
municipal, or special election. When such election is over,
all] All political signs shall be removed within two weeks
[from] sfter the date of [such] the election[.] that the
signs were displayed to promote.
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 be 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 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.
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(4) Public safety signs exclusively relating to the safety
of Line public (e.g., "no parking today",."use covered
walkway", "do nest enter", "danger", "loading zone") may be
located as needed for public :safety. Traffic signs may be
erected by eny governmental agency.
(5) Real estate signs: One sign not exceeding five square
feet advertising [only] the sale, rental, or lease of the
building or premises on which it is maintained.
(b) Signs within a building.
(7) Temporary signs of not more than five square feet may
be displayed in any zone except conservation for one week
but must comply with other pertinent regulations of this
Code. [except KMC 14.20.220(a)(3).] Signs advertising
sales, such ae "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.
(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 change--- on signs
otherwise in compliance with this 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 Residentiml Zones:
) Signs identifying home occupations: One sign per use not
exceeding four square feet in area. Such sign shall be no
closer then ten feet to any property line or shall be flat
against the building. No lighting is permitted.
(2) Bulletin boards% Bulletin boards [used to display
announcements of meetings to be held] or permanent
changeable letter signs located on the premises on which
such boards are located 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 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 feet from the
street lot line; may be indirectly illuminated; and one such
sign shall be permitted for each street frontage.
(3) Signs [identifying] for other permitted and conditional
uses: One sign per use not -To exceed 32 square feet in area
for [the purpose of identifying] multi -family dwellings,
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clubs, professional offices, and other similar uses. Such
sign shall be no closer than ten feet to any property line
or shall be flat against the building.
(4) Signs for nonconforming uses: A legal nonconforming
use in a residential zone may have one sign per property,
unlighted, and no larger than 20 square feet in area. Such
signs shall be flat against the building or shall be located
no closer than ten feet to any property line.
(5) Real estate signs of more thin 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 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 [orior to] Mp.Rn the expiration of the
two year period or extension thereof or within two weeks
after the sale of the property. [If the sign has not been
removed the City may enter upon the premises upon which the
sign is located and remove such sign at no liability to the
City.] 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 32 square feet.
Any illumination shall be by indirect means.
(e) Signs Permitted in Commercial and Industrial Zones:
(1) All signs permitted by this Code, provided that the
square footage of all signs other than wall, marquee, and
roof signs shall not exceed a total of [64] 81 square feet
per bLLiness. Where there is more than one business on a
premises, a combined sign for all businesses on that
premises shall not exceed [128] 154 square feet.
(2) Signs may rotate, but must not exceed the square
footage set out above.
(3) [Portable changeable letter electric signs may be
displayed for not more than twice each year and may not be
displayed more than seven days continuously in any 30 day
period for a total of 14 days in any fiscal year as defined
by the City of Kenai, and must comply with all requirements
of this Code and the National Electric Code.] A permit may
be obtained for temporary use of portable changeable letter
electric or non -electric signs. The permit shall be valid
for display of such signs for a continuous period of no
longer than seven days. An applicant shall be limited to
two permits during any twelve-month period. Such signs
shall comply with all requirements of this code.
Fence signs shall be mom ed in a plane parallel
to the fence or wall and shall not extend above the top of
the fence or wall.
(5) Signs [projecting beyond the property line may be no
closer than 12 inches from the curb line or street, and must
be at least eight feet above the finished sidewalk or
grade.] may not project beyond the property line.
(6) Pennant signs shall not exceed eight square feet
r for each pennPnt nor 16 square feet total per lot.
(7) Real estate signs larger than five square feet shall
f conform to all of the requirements of this Code.
(f) Signs Parsitted in the Conservation Zones
(1) No sign shall be permitted in a conservation zone
except signs erected by the City of Kenai.
(g) Specific Definitions Pertaining to Signs:
(1) Aoolicant is any for -profit or non-profit enterprise, or
organ zation, or any individual not _acting on behalf of such
an enterprise or organization.
1 2) Audio sign is a sign that emits a noise or sound,
either spoken words, music, or singing.
([2]3) Beacon sign is a light with one or more beams
capable of being directed in any direction or directions or
capable of being revolved.
([3]4) Bench sign is any sign painted on or attached to a
seat, chair, or bench, any of which are visible to the
public.
([4]5) Combination sign is a sign incorporating any com-•
bination of the features of pole, projecting, and roof
signs.
([5]6) Curb line is the line at, the face of the curb
nearest Co the street or roadway. In the absence of a curb,
the curb line shall be established by the City Engineer.
([6]7) Display surface is the area made available by the
sign structure for the purpose of displaying the advertising y
mesa8ge.
([7]8) Electric signis any sign containing electrical
airing, but does not include signs illuminated by an
exterior light source.
([8]9) Fence sign is a sign displayed upon fences or upon
walla that are not an integral part of a building or walls
that are used as fences.
([9]10
) Fin sign is a sign which is supported wholly by a
builain? or partly by poles and partly by a building.
([10111Ground sign is 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.
([11]12) Legal setback line is a line established by
ordinance beyond which a building may not be built. A legal
setback line may be a property line.
([12]13) Marquee is a permanent weatherproof structure
attacEed to and supported by a building and projecting from
the wall of the building.
([13]14) Pennant sign is a sign constructed of flexible
material, such as cloth, which moves upon being subjected to
pressure by the wind.
([14]15) Pole sign is a sign wholly supported by a sign
structure in the ground.
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(['15]16) Political sign is a sign promoting a candidet
political office I promoting any political position,
opinion, or promoting or opposing any position on a h
proposition.
([16]17) Portable display surface is a display surface
porarily fixed to a standardized advertising structure
is regularly moved from structure to structure at peric
intervals.
([17]18) Portable sign is a sign other than a temporar
sign that is not attached to any building or structure.
may readily be [picked up and] moved from one location
another. It is designed to vest on the ground when
displayed and may be with or without Its own wheels. I
or may not be lighted.
([18]19) Projecting sign is a sign other than a wall s
which projects from and is supported by a wall of a bui
or structure.
([19]20) Real Estate sign is a sign advertising the as
lease or rent of one or more lots or acreage or the
improvements thereon by a real estate company or indivi
licensed by the State of Alaska.
([20]21) Roof sign is a sign erected upon or above a r
or parapet of a building or structure.
([21]22) Sign means any words, letters, parts of lette
figures, numerals, phrases, sentences, emblems, devices
trade names, or trade narks by which anything is atede k
such as are used to designate an individual, a firm, an
association, a corporation, a profession, a business, c
commodity or product which are visible from any public
street or highway and used to attract attention.
([22]23) Sign structure is a structure which supports
capable of supportinq any sign as defined in this Code.
sign structure may be a single pole or poles and may or
not bn an integral part of a building.
([23]24) Temporary sign is any sign, banner, pennant,
valance, or jdvertising display constructed of cloth,
canvas, light fabric, cardboard, wall board, or other 1
materials, with or without frames, [intended] designed
displayed for a limited period of time only.
([24]25) Wall sign is any sign attached to, painted on
erected against the wall of a building or structure, wi
the exposed face of the sign in a plane parallel to the
plane of the said wall. (Ord 961)
/�rsAra—� .,...- � _�.. ._--_e4�etD9tL-+,v�Ya_^1' .; `�i�.xy✓ ��.«.--.r_,� ___-'�.�,s'. :'2�'�_ - '.�L�-�.�-�..�.am.. <-.a.__-��+��^�.'�'L'�w_'."'v�.w.u.�...��re�
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day
of June, 1985.
TO WAGO ER ,
ATTEST:
&Z "
at Whelan, City Clerk
ir
First Reading: June 5, 1985
Second Reading: June 19, 1985
Effective Date: July 19, 1985
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