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HomeMy WebLinkAboutORDINANCE 0961-1984Suggested by: P & Z Commission CITY OF KENAI ORDINANCE NO. 961-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND RE-ENACTING KMC 14.20.220 REGARDING SIGNS AND ADYERTISING DEVICES. WHEREAS, the City cf Kenai currently regulates signs and ad- vertising devices as governed by the Kenai Zoning Code, and WHEREAS, the existing sign code section has not been amended for several years, and WHEREAS, the Kenai Advisory Planning & Zoning Commission has spent considerable time and effort to revise the sign code ordinance and address certain deficiencies, and WHEREAS, the Kenai Advisory Planning & Zoning Commission has uonducted public hearings on tNe proposed sign code on June 13, June 27, and July 25, 1984, and WHEREAS, the Kenai Advisory Planning & Zoning Commission adopted Resolution PZ 84-69, recommending adcption of this sign code by the Kenai City Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE: CITY OF KENAI, ALASKA, as followss Section 1s KMC 14.20.220 is hereby repealed and re-enacted to read as attached. PASSED BY THE COUNCIL OF THE CITY OF KE Al, ALASKA, this 15th day of August, 1984. TO WAGONER, R ATTESTS TL et Whelan, y er First Readings August 1, 1984 Second Reading: August 15, 1984 Effective Uste: September 15, 1984 4i Nl d 14.20.220 Signs and Advertising Devices: (a) Geraral Re uirementes 1 A permit shall be obtained from the administrative official prior to the installation of any sign, nameplate, advertising sign or advertising structure. Construction and erection of signs shall be iii accordance with this chapter, and with the Uniform Sign Code. (2) When a building permit is obtained for the construction of a building, signs for that building which conform to this Code shall be conside,.ee as part of the %aluation of that building. The fee for signs not covered by a building permit shall be as follows: Home occupation signs. . . . . . . !i 5.00 Portable signs . . . . . . . . . . . 5.00 Pennant signs . . . . . . . . . . . 5.00 Electrical signs . . . . . . . . . . 40.00 All other signP. . . . . 25.00 (3) Signs permitted under. this section shall advertise only the business or activity being conducted on the immediate premises. The City of Kenai may erect information signs as they deein 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 signs. The Building Official 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 sign!3 are nonconforming, the owner shall make the sign or signs conforming within 30 days from the date of such notice. (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. (b) Prohibited Signet (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. (2) No 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. -��m,+�"�'.r��..l_� L".....� �- .-e...... ��.... v .. w � �A!.Ts�A. �Sinwn.�i �R't+�.��1�1���i/1/fl�lr•�•���,. �, F � (3) Flashing signs or intermittent illumination are not permitted except time and temperature, automatic changing message signs acid 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. (S) The use of immoral or indecent word or words, a drawing or drawings, and animated signs are prohibited. (6) 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-of-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 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 except as provided for in KMC 14.=0.220(e)(3). (c) Signs 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 political signs shall be removed within two weeks from the date of such election. (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 he 32 square feet or less in size and na more than one such sign shall be permitted for each architect, engineer, contractor, builder 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. s (4) Public safety signs exclusively relating to the safety of the public (e.g., "no pa:kinq 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. (5) Real estate signs: One sign not exceeding five square feet advertising only the sale, rental, or lease of the building or promises on which it is maintained. (6i Signs withiov 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 tnis Code except KMC 14.20.220(a)(3). Signs advertising sales, such as "garage", "moving", "yard", "house" or "lemonade" may be displayed under this section and must have the name, Adress, 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 changes on signs using inter- changeable 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 Zoness (1) Signs identifying home occupations: One sign per use not exceeding four square feet in area. Such sign shall be no closer than 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 on the premises on which such boards are located shall be permitted for chLirches, schools, rommunity 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 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, clubs, professional offices, and other similar uses. Such sign shall be no closer then ten feet to any property tine or shall be flat against the building. ` F I I i i t � { i t I II I, `t t Ei I (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 clover than ten feet to any property line. (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 thar: 32 square feet. The display of such signs shall be limited to a period of two years. Prior to the expiration thecoof the applicant may request an extension of not more than one year from the Commission. The nigh shall be removed prior to this expiration of the two year period or extension thereof or 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 square feet per business. Where there is more than one business on a premises, a combined siqn for all businesses on that premises shall not exceed 128 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. (4) Fence signs shall be mounted 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. (6) Pennant signs shall not exceed eight square feet for each pennant nor 16 square feet total per lot. (7) Real estate signs larger than five square feet shall conform to all of the requirements of this Code. (f) Signs Permitted in the Conservation Zones (1) No sign shall be permitted in a conservet:.on zone except signs erected by the City of Kenai. 4 (g) Specific Definitions Pertaining to Sf nes (1) Audio sign is a sign that emits a noise or Round, either spoken words, music, or singing. (2) 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) Benchsignis any sign painted on or attached to a seat, chair, or bench, any of which are visible to the public. (4) Combination sign is a sign incorporating any com- bination of the features of pole, projecting, and roof signs. (5) Curb line is 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. (6) Display surface is the e.rea made available by the sign structure for the purpose of displaying the advertising message. (7) Electric sign is any sign containing electrical wiring, but does not include signs illuminated by an exterior light source. (8) Fence sign is a sign displayed upon fences or upon walls that are not an integral part of a building or walls that are used as fences. (9) Fin sign_ is a sign which is supported wholly by a building artly by poles and partly by a building. (10) Ground sialn 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) Legal setback line is a line established by ordinance beyond which a building may not be built. A legal setback line mpy be a property line. (12) Marquee is a permanent weatherproof structure attached to end supported by a building and projecting from the wall of the building. (13) Pennant sign is a sign constructed of flexible materiel, such as cloth, which moves upon being subjected to pressure by the wind. (14) Pole sign is a sign wholly supported by a sign structure in the ground. (15) Political sign is a sign promoting a candidate for political office or promoting or opposing a ballot proposition. (16) Portable displar surface is a display surface tem- porari y fixed to a s an er zed advertising structure which is regularly moved from structure to structure at periodic intervals. (17) Portable sign is a sign that is not attached to any building or s ruc ure. It may readily be picked up and moved from one location to another. It may be with or without its own wheels. It may or may not be lighted. i �i n �4 r 1 � (16) Projecting sign is a sign other than a wall sign, which projects from and is supported by a wall of a building or structure. (19; Real Estate sign is 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�si n is a sign erected upon or above a roof or parapet o f�ilding or structure. (21) Sign means any words, letters, parts of letters, figures, ni!merals, 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 is a structure which supports or is capable— of suppooring 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) Temgorary sign is any sign, banner, pennant, valance, or edvert s ng display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, intended to be displayed for a limited period of time only. (24) Wall sign is any sign attached to, painted on, or erects 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. 14.20.221 Penalties In addition to the penalties by KMC 14.20.2609 signs in violation of this chapter shall be subject to forfeiture. 6