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HomeMy WebLinkAboutPZ2001-01CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZO 1-01 A RESOLUTION OF THE KENAI PLANNING & ZONING COMMISSION RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE CURRENT SIGN CODE, KMC 14.20.220, BE REPEALED AND REPLACE IT WITH A NEW KMC 14.20.220. WHEREAS, the current KMC 14.20.220 entitled "Signs and Advertising Devices" is outdated and in need of revision; and WHEREAS, a new KMC 14.20.220 entitled "Signs" has been drafted and is attached as Exhibit "A"; and WHEREAS, the changes in the new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, PASSED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this 10'h day of January 2001. Chairman: ~~ Att 5t: Suggested by: Administration CITY OF KENAI ORDINANCE NO. 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 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 WHEREAS, the current KMC 14.20.220 entitled "Signs and Advertising Devices" is outdated and in need of revision; and WHEREAS, a new KMC 14.20.220 entitled "Signs" has been drafted and is attached as Exhibit "A"; and WHEREAS, the changes in the new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IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, Alaska, that KMC 14.20.220 entitled "Signs and Advertising Devices" is repealed and replaced by a new KMC 14.20.220 entitled "Signs" attached as Exhibit "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this ,~ day of ATTEST: Garoi L. Freas, City Clerk John J. Williams, Mayor Introduced: Adopted: Effective: 14.20.220 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 far 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 ail 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 notifed that such sign or signs are non-conforming, the owner shall make the sign or signs conforming within ten (i 0} 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 may be 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 2000 {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 (S) 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 a "yard sale" or "garage sale" may be displayed for one week. Such signs must display the name, address and telephone of an adult person canducting/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 na more than thirty-two (32) square feet in size and no more than one such sign shall be permitted for each architect or engineering firm, contractor, builder, owner, or denoting the name, use, and occupants-to-be of the structure. Any of these may be combined an 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 project 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 na sooner than ten (10) days prior to the event announced and shall be removed within five 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. (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 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. Attachment A Page 2 of 7 Ordinance 2000 {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 Ietter signs located on the premises shall be permitted for churches, schools, community centexs 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 Iarger 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 signs. {C} Unauthorized signs in the right-of--way or on city property. Such signs may be 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 or gas-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 traff c 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 Imes. Attachment A Page 3 of 7 Ordinance 2000 (M) No off premises commercial advertising signs, including billboards except at an outdoor sporting event, sports facility, or sports field. (N) Portable signs. {O} 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 field. (G) Temporary signs of not more than five (5) square feet advertising such items as "yard sale," "garage sale", 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 a public right-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 mare 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 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 Attachment A Page 4 of 7 Ordinance 2000 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. (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 mare than one business on a premises, a combined roof sign of not more than 128 square feet. (C} Rotating signs are allowed, but rrtay 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 mare than one business on a premises, fence signs may not exceed one hundred twenty-eight (12$) 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 may be removed and disposed of without notice. (D) Portable changeable letter electric or non-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 that are parked or located are designed to 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. (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 or gas-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. Attachment A Page 5 of 7 Ordinance 2000 (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 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 da not conform to the requirements of this code shall be classified as Iegal "nan-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 far 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. (f) Specific Definitions Pertaining to Signs (1} "Applicant" means any for-profit ar 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 wards, 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. (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 ar 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 defned by this Code. Attachment A Page 5 of 7 Ordinance 2000 (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 projecting 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 may be with or without its own wheels. It may or may not be lighted. { 1 S) "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 ar structure, with the exposed face of the sign in a plane parallel to the plane of the said wall. 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