Loading...
HomeMy WebLinkAbout4095A ORDINANCE of the City Council of the City of Kent, Washington, amending Sections 6.07.0201 6.07.050 and 6.07.170, and Section 15.06.040, of the Kent City Code, adding provisions for motorist information follow through signs. RECITALS A. The State of Washington Department of Transportation ("WSDOT") has implemented a Motorist Information Sign program designed to direct travelers on state highways to gas, food, lodging, camping, recreation, tourist activities and 24-hour pharmacies. B. A business qualifies to participate in the program if it receive its principal source of revenue from the sale of goods, products or service that fall within the service categories of gas, food, lodging, camping, recreation, tourist activities or 24-hour pharmacies. C. WSDOT permits certain qualifying businesses that have motorist information signs installed on a state highway pursuant to the Motorist Information Sign Program to erect follow through signs (signs that direct the motorist to the business after leaving the main roadway) on exit ramps, city streets or county roads if the business is not visible from the 1 Amend KCC 6.07 and 15.06.040 Motorist Information Signs Ordinance highway. The business is responsible for providing the follow throug signs and for working with local agencies for permission to place the roll through signs on city or county roads. D. WSDOT has requested that the city adopt procedures for the placement of motorist information follow through signs in the city of Kent. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION Y. —Amendment. Section 6.07.020 of the Kent City Code is hereby amended as follows: Sec. 6.07.020 Definitions. The following words and phrases, wherever used in this chapter, shall have the meanings ascribed to them in this section except where otherwise defined and unless the context shall clearly indicate to the contrary: A. Abutting property means and includes property bordering upon and contiguous to a public place. B. App/icant means any person or entity applying for the issuance or renewal of a street use permit or any person or entity that has been issued a street use permit. C. Banner means any pliable canvas or cloth sign material or holiday or festival decor such as garland or similar decor stretched over or across any public place. 2 Amend KCC 6.07 and 15.06.040 Motorist Information Signs Ordinance D. Director means the director of public works or the director's designee including Kent City Code enforcemen officials. E. Driveway means that portion of a public place which provides vehicular access to abutting property through a depression in the constructed curb or, when there is no constructed curb, that area in front of such abutting property as is well-defined or that is designated by authorized signs or markings. F. Motorist information follow through sign means a supplemental sign erected or installed to direct motorists to a qualifying business that provides services of specific interest to the traveling public. FG. Portable sign means a sign which is not permanently affixed to the ground or to a building or structure and which may be easily moved. �Fi. Pub/ic p/ace means and includes streets, avenues, ways, boulevards, drives, places, alleys, sidewalks, planting (parking) strips, squares, triangles, and other rights-of-way open to the use of the public, and the space above or beneath the surface of same. This definition specifically does not include streets, alleys, ways, planting strips, and sidewalks which have not been deeded, dedicated, or otherwise permanently appropriated to the public for public use. ++I. Sidewa/k cafe means a portion of a public sidewalk on which tables and chairs are placed for the use of patrons while consuming food and/or beverages, including liquor as defined in RCW 66.04.010, served by a cafe, restaurant, or tavern located on abutting property. 3 Amend KCC 6.07 and 15.06.040 Motorist Information Signs Ordinance iit Sidewalk display means a display of goods and wares on a public sidewalk for retail sale to the public by the owner or manager of a business upon abutting property, which products are being offered for sale insid( the business. �K. Sidewalk vending unit or vending unit means a movable cart or similar device that is operated from a fixed location on a public way from which food, beverages (excluding liquor), flowers, plants, and/or merchandise are provided to the public with or without charge. The provisions of this chapter shall not apply to mobile caterers, generally defined as person(s) engaged in the business of transporting food and beverages in motor vehicles to residential, business, and industrial establishments pursuant to prearranged schedules, and dispensing items from the vehicles for retail sale to the personnel of such establishments. +FL. Sign means any medium, including its structure and component parts, which is used or intended to be used out of doors to attract attention to the subject matter for advertising, identification, or informative purposes. �M. Special events means carnivals, fairs, festivals, parades, and other similar short-term uses of public places. P4N. Use means and includes, but is not limited to, the following types of uses: to conduct a parade or other similar event upon any public place; to operate any sidewalk display, cafe, or restaurant, or any food cart or other similar vending unit upon any public place, to construct, store, erect, place, maintain, or operate in, upon, over, or under any public place any sidewalk cafe, food cart, or restaurant, staging, scaffold, structure, or 4 Amend KCC 6.07 and 15.06.040 Motorist Information Signs Ordinance material, machinery, or tools used or to be used in connection with the erection, alteration, repair, or painting of any building; or to move any building across or along any public places or to use or occupy any public place for the storage or placement of any material, equipment, or thing; or to allow any vehicle to be upon that portion of roadway designated as parking or curb space for purposes of selling or soliciting in addition to merely parking; or to open, excavate, or in any manner disturb or break the surface or foundation of any permanent pavement of a public place; or to alter the established grade of any street; or to disturb the surface of, dig up, cut, excavate, or fill in any public place; or to construct, reconstruct, maintain, or remove any sidewalk or crosswalk, pavement, sewers, water mains, grading, street lighting, or appurtenances thereto, except when permitted by ordinance; or to do any work in, or erect any structure under, along, or over, any public place and other such uses. fl}O. Vending means the commercial sale of food, beverages (excluding liquor), flowers, plants, and/or merchandise only from a sidewalk vending unit upon public ways of the city of Kent. "Vending" does not include liquor as defined in RCW 66.04.010, tobacco, firearms, munitions, or any article which a minor is prohibited by law from purchasing, or any materials restricted by the fire code from direct access or handling by the public. SECTION 2. —Amendment. Section 6.07.050 of the Kent City Code is hereby amended as follows: Sec. 6.07.050 Signs. The following provisions shall apply to the placement of signs on public places. A. Signs may be placed on a public place without a permit only as follows: 5 Amend KCC 6.07 and 15,06.040 Motorist Information Signs Ordinance 1. Portab/e signs. Portable signs as defined herein may be placed on a public place without a permit upon the following conditions, aN The location of the sign shall not reduce or obstru pedestrian passage on the sidewalk to less than four k feet to the nearest street trees, utility poles, traffic control signs and devices, parking meters, fire hydrants, buildings and other similar devices and structures. Furthermore, such placement shall be consistent with any applicable standards established by the Americans with Disabilities Act and shall not obstruct vehicular traffic or parking or the use of any crosswalk, wheelchair ramp, bus, or taxi zone. b. No portable signs shall be installed or placed upon power poles, telephone poles, street light standards, sign posts, trees, traffic controllers, markers, on any railing, bridge, overpass, street, crosswalk, public building, or lawn or open area surrounding any public building. c. No portable sign shall be placed within ten (10) feet a driveway, wheelchair ramp, crosswalk, or intersection or placed or situated on a public place in such a way as to constitute a threat to the health, safety and welfare of the public or interfere with the use of the public place. d. Portable signs shall be installed so that the top of the sign does not exceed an elevation of thirty-six (36) inches higher than the height of the sidewalk, bike path or walkway. Where these improvements do not exist, the thirty-six (36) inch height limitation shall be measured from the highest edge of the street, alley or driveway. e. Portable signs shall be constructed of weather -resistant wood, metal or plastic. Canvas, cardboard and paper signs are prohibited. f. Attachment of paper, plastic, balloons, or cardboard to a sign is not permitted if such attachment extends the approved height or width of the sign. 6 Amend KCC 6.07 and 15.06.040 Motorist Information Signs Ordinance g. Portable signs shall not be weighted down, or otherwis attached to public property in such a way as to resist impact by a traveli vehicle, bicycle or pedestrian. 2. Politica/ campaign signs. Political campaign signs may b placed on a public place without a permit; except, however, no sign shall be placed or situated on a public place in such a way as to constitute a threat to the health, safety and welfare of the public or interfere with the use of the public place. Owners of political campaign signs shall be responsible for their post-election removal within seven (7) days following the date of the election for which the campaign signs were displayed. For general and primary elections, it is a rebuttable presumption that the post- election period extends to January 1st of the year of said election(s). 3. Banners. Banners may be placed on a public place only by permit pursuant to the provisions of this chapter. 4. Other. All other signs are prohibited on public places for private purposes and on any equipment, facilities and structures located upon public places, including, but not limited to, power poles, telephone poles, street light standards, sign posts, trees, traffic controllers, markers, railings, bridges, overpasses, and public buildings. 5. Removal. Owners of signs and banners displayed for temporary events shall be responsible for their removal within seven (7) days following the last date of the event or the activity for which the signs were displayed. subject to the following conditions: this chapter, adjacent to city streets or roads. The applicant is responsible 7 Amend KCC 6.07 and 15.06.040 Motorist Information Signs Ordinance hundred dollars ($100I00 highway Uniform Traffic Control Devices for Streets and Highways. 4. Motorist information follow through signs shall be located no more than 500 feet in advance of any required turn. 5. The location of other traffic control devices shall take precedence over the location of a motorist information follow through sign. 6. The logo sign panel on a motorist information follow through sign shall be a duplicate of the logo sign panel displayed on the authorized motorist information sign erected on the nearby state highway 8 Amend KCC 6.07 and 15.06.040 Motorist Information Signs Ordinance thUt the assembly contain no more than four (4) logo sign panels. indicating direction, shall be displayed with the logo sign panel to provide property guidance. The directional legend and border shall be white and shall be displayed on a blue background. 9. The letter height for the service category indicated on the motorist information follow through sign shall not exceed six (6) inches. The letter height used on the logo for the business name shall not exceed four (4) inches. $C. Violations. In addition or as an alternative to the remedies provided in this chapter, the director may remove or relocate signs which are placed on a public place in violation of the provisions of this section, or which the director determines, in his or her discretion, constitute a threat to the health, safety and welfare of the public or interfere with the use of the public place. SECTION 3. —Amendment. Section 6.07.170 of the Kent City Code is hereby amended as follows: Sec. 6.07.170 Permit and inspection fees. A. Except as otherwise provided in this chapter, Tthe city council shall, bY resolution, establish the fees to be assessed to implement and operate the regulations adopted in this chapter. This resolution may require that 9 Amend KCC 6.07 and 15.06.040 Motorist Information Signs Ordinance certain fees be pre -paid and/or nonrefundable because staff time and materials will be expended whether or not the permit applied for is approved by the city or pulled by the applicant. In the event of any conflict or ambiguity regarding any fees established by council resolution, the public works director is authorized to interpret the fee schedule(s) to resolve that conflict or ambiguity. B. Where total inspection time exceeds two (2) hours, an extra charge shall be invoiced to the applicant at an hourly rate as established by council resolution. C. When work for which a permit would be required by this chapter is commenced or performed without first obtaining that permit, the basic permit fee shall be doubled, but the payment for that fee shall not relieve that person or entity from full compliance with all of the requirements of this chapter in the execution of the work, nor from any other penalties which may be provided for by local, state, or federal law, including criminal penalties. SECTION 4. —Amendment. Section 15.06.040 of the Kent City Code is hereby amended as follows: Sec. 15.06.040. General restrictions and limitations for all districts. A. Signs in street right -of --way or future street right -of --way. No sign shall be located in or project into the present or future right-of-way of any public street unless such location or projection is specifically authorized by other provisions of this section. 10 Amend KCC 6,07 and 15.06.040 Motorist Information Signs Ordinance i3. Signs interfering with sight distance. No sign shall be so designed or, constructed as to interfere with the sight distance of motorists proceeding= on or approaching adjacent streets, alleys, driveways, or parking areas, or f of pedestrians proceeding on or approaching adjacent sidewalks orj pedestrian ways. C. Signs over driveways. No sign suspended over or projecting into the; area above a driveway located on private property shall be situated at a height of less than fifteen (15) feet above the surface of the driveway. D. Signs over public sidewalks and pedestrian ways. No sign suspended over or projecting into the area above a public sidewalk or pedestrian way shall be situated at a height of less than eight and one-half (8 1/2) feet above the surface of the sidewalk or pedestrian way, and no sign may project more than seventy-five (75) percent of the distance between the property line and the curbline except for signs attached to the underside of a canopy or other architectural projection. E. Directiona/ signs. Directional signs and signs indicating entrances, exits, service areas and parking areas shall be excluded from the sign provisions of this title, and may be erected on private property upon approval of the building director, traffic engineer, and planning director. These signs shall not contain advertising or promotional information, and may be restricted in size. F. Removal of signs on c/osure of business. Upon the closure and vacation of business or activity, the owner of the business or activity shall have one hundred twenty (120) days from the date of closure to remove all signs related to the business or activity. 11 Amend KCC 6.07 and 15.06,040 Motorist Information Signs Ordinance G. Window signs. Window signs shall be considered as a sign and computed as part of the aggregate sign area and number of signs. Any painted -over window shall be considered as a wall. The following signs, if used in the specified manner, are not computed as part of the aggregate sign area and do not require a permit: 1. Decals indicating credit cards honored. 2. Banners or posters on the inside of windows. Such signs may be used in conjunction with national advertising programs, or as weekly marketing specials, or as decorations customary for special holidays. H. Painted signs. Signs painted on exterior wall, window, or structure of any kind shall be computed as part of the aggregate sign area and number of signs. I. Barber poles. In addition to any other signs authorized by the provisions of this chapter, any barbershop shall be entitled to display a barber pole. The design of the pole and its location and manner of erection shall be subject to the approval of the building director. J. Credit card signs. Signs indicating credit cards honored may be displayed in window areas only. Such signs are not computed as part of the aggregate sign area and do not require a permit. K. Institutions/ signs. For churches, schools, hospitals, public facilities and institutional uses, one (1) double-faced freestanding or wall identification sign is permitted for each street frontage. The sign may have an aggregate area of one (1) square foot for each ten (10) lineal feet of street frontage. However, each use is guaranteed a minimum sign area of 12 Amend KCC 6.07 and 15.06.040 Motorist Information Signs Ordinance twelve (12) square feet per display face regardless of street frontage. The sign may be illuminated. Freestanding symbols of sculpture used as identification may be permitted with the approval of the planning department. Wall signs, lettering, or symbols may also be approved by the planning department. L. Gate or entrance sign. Gate or entrance signs may be permitted, and may be located in public rights-of-way, if approved by the planning department. M. Community bulletin board. Subdivisions and residential communities may be allowed to erect a permanent structure as a community bulletin boarA if approved by the building and planning directors. N. Business hours signs. Signs stating business hours shall be excluded from the provisions of this title, and may be erected upon private property upon the approval of the building director and planning director. These signs shall not contain advertising or promotional information. Maximum number permitted shall be one (1) per entrance, with a maximum size of four (4) square feet. O. Pub/ic service signs. Nonadvertising or nonpromotional signs may be erected as a public service to the community by public service clubs or other nonprofit organizations. Such signs may be located in any zone upon approval by the building and planning directors. P. Rea/ estate signs. Real estate signs are permitted as follows. No sign pC1 mit is required. 13 Amend KCC 6.07 and 15.06.040 Motorist Information Signs Ordinance 1. Residential uses. a. Single-family dwe/1/ngs and duplexes. One (1) real estate sign shall be permitted for each street frontage of a lot. The sign may have two (2) faces, shall not exceed a height of five (5) feet above the surface of the street unless placed in a window, shall not exceed an area of four (4) square feet per face, and shall be unlighted. b. Multip/e-family dwellings. One (1) real estate sign shall be permitted for each street frontage of a development. The sign shall not exceed an area of twelve (12) square feet, shall be attached flat against a principal building, shall not project above the eave of the roof or the top of the parapet of the building, and shall be unlighted. 2. Commercial and industrial uses. One (1) real estate sign shall be permitted for each public entrance, but there shall not be more than four (4) signs per lot. The sign shall not exceed an area of eight (8) square feet, shall be attached flat against the building or freestanding, shall not project above the eave of the roof or the top of the parapet of the building, and shall be unlighted. 3. Unimproved acreage. One (1) real estate sign shall be permitted for each lot. The sign shall not exceed an area of one-fourth (1/4) square foot for each foot of lot frontage and shall not in any event exceed fifty (50) square feet. The sign shall not exceed a height of ten (10) feet above the surface of the nearest street, and shall be unlighted. Q. Temporary signs. Temporary signs may be authorized by the planning department for a time period speced for each type of temporary sign. 14 Amend KCC 6.07 and 15.06.040 Motorist Information Signs Ordinance 1. Temporary subdivision or apartment signs. A temporary real estate sign declaring a group of lots, dwellings, or occupancies within a subdivision or apartment complex for sale or rent shall be permitted subject to the following conons: a. One (1) such sign shall be permitted for each stre frontage of the premises being sold or leased. The sign shall be located on the premises being sold or leased. b. The area of such signs shall not exceed an area twenty-five (25) square feet each. c. The signs shall not exceed a height of ten (10) above the level of the street. d. The signs shall be unlighted. e. The signs shall not interfere with the sight distance pedestrians and motorists proceeding on or approaching adjacent streets. f. The signs may remain as long as the project remains unsold or unleased, or for one (1) year, whichever period shall be lesser; provided, however, that the planning director shall have the authority to extend the time period one (1) year. 2. Nonpolitical campaign signs. Temporary nonpolitical signs announcing a campaign, drive, or event of a civic, philanthropic, educational, or religious organization may be allowed upon any lot. Such signs may be posted thirty (30) days prior to the event, drive, campaign, 15 Amend KCC 6.07 and 15.06.040 Motorist Information Signs Ordinance etc. All such signs shall be collectively subject to the fifty dollar ($50) deposit. Such signs shall be removed within seven (7) days after the event, drive, campaign, etc. 3. Construction signs. One (1) sign identifying a project under construction shall be permitted for each street frontage of the building or structure under construction. The sign may contain the name of the building contractor and his subcontractors, the architect, and the engineer. The sign shall be permitted during the period of construction, and shall not exceed a total of fifty (50) square feet for all faces. 4. Grand openings and special events signs. Special permits may be issued by the planning department for a period not to exceed thirty (30) days for banners, streamers, and temporary or portable signs for special events such as carnivals, outdoor affairs and sales, grand openings, and events of a similar nature. R. Off -premises signs. 1. Authorized. The total number of off -premises sign structu allowed within the city of Kent shall not exceed the total number of off - premises sign structures in existence as of the effective date of the ordinance codified in this subsection.1 Off -premises sign structures shall be inventoried by the city. In order to assist the city in its inventory, the owner of any off -premises sign located within the city shall, to the best of its ability, provide the city with information as to the dates of installation, repair, or alteration of the owner's off -premises signs within the city and no repair, alteration, or replacement of any such off -premises sign may occur until such information is provided to the city. Subject to any permitting requirements, any person, firm, or corporation who owns or 16 Amend KCC 6.07 and 15.06.040 Motorist Information Signs Ordinance maintains off -premises sign structures within the city of Kent shall be authorized to alter, repair, maintain, and relocate their off -premises sign structures in existence as of the effective date of the ordinance codified in this subsection. As unincorporated areas are annexed to the city of Kent, the total number of off -premises sign structures in the area annexed will constitute an addition to the number authorized in the city of Kent and shall be added to the inventory and shall be eligible to be relocated. To the extent the provisions of KCC 15.08.100 (F) are inconsistent with this subsection (R)(1), the provisions of this subsection shall prevail. 2. Districts where permitted. Off -premises signs are permitted in M1, M2, and M3 districts. Off -premises signs not in one of the above zones shall be categorized as legal nonconforming signs. A sign structure authorized to be relocated pursuant to subsection (R)(1) of this section may only be relocated to an M1, M2, or M3 zoning district. The owner of an off -premises sign shall have two (2) years to relocate an inventoried off - premises sign that has been removed under the authority of a demolition permit. A one (1) year extension may be granted by the city planning director in instances where relocation cannot be undertaken due to circumstances beyond the control of the owner of the off -premises sign to be relocated. 3. Standards. a. Maximum size. As of the effective date of the ordinance codified in this subsection, the maximum size per sign face is three hundred (300) square feet. 17 Amend KCC 6.07 and 15.06.040 Motorist Information Signs Ordinance feet. b. Maximum height. maximum height is thirty-five (35) c. Distance from any intersection. Off -premises signs shall be located a distance %J three hundred (300) feet from any intersection. dI Double-faced signs. An off -premises sign structure m contain up to two (2) sign faces arranged either back-to-back or in a V shape arrangement. The use of tri -vision panels on a sign face shall not in itself constitute additional sign faces. e. Spacing. Not more than four (4) sign structures per on thousand (1,000) lineal feet are permitted. 4. Permits. Off -premises signs shall not be altered with regard size, shape, orientation, height, or location without the prior issuance of a building permit. Ordinary maintenance shall not require building permits. Off -premises sign copy replacement may occur at any time and is exempt from the requirement for building permits. 5. Tri -vision pane/s. Subject to applicable permitting requirements, the allowable faces on off -premises sign structures listed on the official city of Kent off -premises sign inventory may contain tri -vision panels which rotate, subject to KCC 15.06.030(E). Tri -vision panels are the only type of moving parts authorized on off -premises signs. 6. Unpermitted signs. Owners of off -premises signs that have unpermitted tri -vision panels as of the date of the ordinance codified in this subsection shall have one (1) year from the effective date of the ordinance enacting this provision to apply for and obtain permits for such. 18 Amend KCC 6.07 and 15.06.040 Motorist Information Signs Ordinance 7. Electronic video signs prohibited. Off -premises signs that contain electronic video displays similar to or otherwise depicting a television screen are prohibited. 8. Hazard or nuisance. All off -premises signs, together with all their supports, braces, guys and anchors, shall be kept in good repair and in a proper state of preservation and safety. If an off -premises sign is determined by the Kent building official to be in a state of disrepair so as to constitute a safety hazard or a nuisance as defined by the building code or Kent City Code, the building official may initiate enforcement proceedings pursuant to KCC 15.10.070. 9. Enforcement. Any violation of the provisions of this subsection (R) shall be subject to enforcement pursuant to KCC 15.10.070. S. Portable A -frame sandwich board signs. 1. A portable A -frame or similarly designed sign which is no greater than thirty-six (36) inches wide by forty-two (42) inches tall. a. Not more than two (2) sandwich board signs may be utilized by retail uses in the M1 districts. They are not permitted in any other districts. b. Portable A -frame sandwich board signs are permitted to be placed on the business premises. 19 Amend KCC 6.07 and 25,06.040 Motorist Information Signs Ordinance c. Portable A -frame sandwich board signs placed on the business premises shall be in lieu of portable signs placed on the public right-of-way. dK The planning department shall develop procedures for processing such sign applications. T. Stadium signs. One double-faced freestanding or wall identification sign is allowed for each street frontage. The sign may have an aggregate area of one (1) square foot for each ten (10) lineal feet of street frontage, up to a maximum sign area of two hundred (200) square feet per display face. However, each stadium is guaranteed a minimum sign area of twelve (12) square feet per display face regardless of street frontage. The sign may be illuminated. The sign may include on each regulated display face advertising on up to forty (40) percent of the total square footage for that display face. The maximum height of a freestanding sign shall be twenty (20) feet. U. Motorist information follow through signs. Motorist information follow through signs may be located in the public right-of-way when permitted pursuant to KCC 6.07.050.6. SECTION 5. -Corrections by City Clerk or Code Reviser. Upon approvaI of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. 20 Amend KCC 6,07 and 15,06.040 Motorist Information Signs Ordinance &LIJUIV of - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTION 7. -Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, a provided by law. ATTEST: 1 COOKE, MAYOR RONALD F�.'MOO�E, CITY CLERK APPROVED AS TO UR PAT" FITZPATRICK, ACTING CITY ATTORNEY PASSED: /`G� day of , 2013. APPROVED: day of , 2013. PUBLISHED:/c,dayof' , 2013. I hereby certify that this is a true copy of Ordinance No.� passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereonµ-ildicated. RONALD MOOSE, CI CLERKPACivMl dinouceWotorW 1� mwtion Sigre.docx / 21 Amend KCC 6.07 and 15.06.040 Motorist Information Signs Ordinance