Chapter 21.60 Sign Code

21.60.010--21.60.020

Chapter 21.60

SIGN CODE

Sections :

21.60.010 Sign code.
21.60.020 Purpose.
21.60.030 Applicability-Effect.
21.60.040 Definitions.
21.60.050 Computations.
21.60.060 Signs allowed on private property with and without permits.
21.60.070 Permits required.
21.60.080 Design, construction, and maintenance.
21.60.090 Signs in the public right-of-way.
21.60.092 Off-premises signs.
21.60.095 Electoral signs.
21.60.097 Public Signs.
21.60.100 Signs exempt from regulation under this chapter.
21.60.110 Signs prohibited under this chapter.
21.60.120 General permit procedures.
21.60.130 Temporary signs-Private property.
21.60.140 Temporary signs-Public right-of-way.
21.60.150 Time of compliance-Nonconforming signs and signs without permits.
21.60.160 Violations.
21.60.170 Enforcement and remedies.

21.60.010 Sign code. This chapter may be known and referred to as the Homer Sign Code or the sign code. (Ord. 08-29, 2008).

21.60.020 Purpose. The purposes of this sign code are: to encourage the effective use of signs as a means of communication in the City; to maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign restrictions. This sign code is adopted under the zoning authority of the City in furtherance of the more general purposes set forth in the zoning code. (Ord. 08-29, 2008).

253
(Homer 09/11)

21.60.030 Applicability-Effect. A sign may be erected, placed, established, painted, created, or maintained in the City only in conformance with the standards, procedures, exemptions, and other requirements of this chapter. (Ord. 08-29, 2008).

21.60.040 Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings set forth in this chapter. (Ord. 08-29, 2008).

"Abandoned sign." Any sign containing copy that refers to a business or activity that is no longer being conducted or pursued.

"Animated sign." Any sign that uses flashing lights, movement or change of lighting to depict action or create a special effect or scene. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a time and temperature portion of a sign and not an animated sign for purposes of this chapter.

"Banner." Any sign of lightweight fabric or similar material that is mounted to a pole or a building by a permanent frame at one or more edges. A flag, as defined in HCC § 21.60.040, shall not be considered a banner.

"Beacon." Any sign with one or more beams, capable of being directed in any director or directions or capable of being rotated or moved.

"Building marker." Any sign cut or etched into masonry, bronze, or similar material that includes only the building name, date of construction, or historical data on historic site.

"Building sign." Any sign attached to any part of a building, unless it is supported in whole or in part by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

"Changeable copy sign." A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than one time per day shall be considered an animated sign and not a changeable copy sign for purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a time and temperature portion of a sign and not a changeable copy sign for purposes of this chapter.

"Commercial message." Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, brand, product, service or other commercial activity.

"Department." The Planning and Zoning division or department of the City.

"Electoral sign." Any sign used for the purpose of advertising or promoting a political party, or the election or defeat of a candidate, initiative, referendum or proposition at an election.

"Flag." Flags of the United States, the State, the City, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction. A flag shall not be considered a banner for purposes of this chapter.

"Freestanding sign." Any sign supported, in whole or in part, by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

"Ground sign." A ground sign is a freestanding sign that is placed directly on the ground having or appearing to have a foundation or solid base beneath 50 percent or more of the longest horizontal dimension of the sign.

"Handbill." Any flyer, notice or brochure advertising or promoting any product, business, cause, political candidate or issue, and intended for distribution to the general public.

"Incidental sign." A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.

"Lot." See HCC § 21.32.030.

"Marquee." An permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

"Marquee sign." Any sign attached to, in any manner, or made a part of a marquee.

"Non-conforming sign." Any lawfully pre-existing sign that does not conform to regulations of this chapter that became applicable after erection of the sign.

"Off-premises sign." A sign containing a commercial or non-commercial message drawing attention to goods or services, business or other activity not offered or conducted on the lot on which the sign is located.

"Pennant." Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind suspended from a rope, wire, or string, usually in series, designed to move in the wind.

"Portable sign." Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including signs designed to be transported by means of wheels; signs converted to A- or T- frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

"Principal building." The building in which is conducted the principal use of the lot on which it is located. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other accessory structures shall not be considered principal buildings.

"Projecting sign." Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

"Public Sign." A Public Sign is an off premises sign that provides direction to or identifies public facilities such as parks, playgrounds, libraries, or schools or to a distinct area of the City, such as Pioneer Avenue, the Homer spit, Old Town and entrances to the City. Public Signs may identify categories of services available, but may not carry any other commercial message. Public Signs are non-regulatory.

"Residential sign." Any sign located in the Rural Residential, Residential Office or Urban Residential zoning districts that contains no commercial message except for advertising for goods or services legally offered on the premises where the sign is located, if offering such services at such location conforms with all requirements of the zoning code.
"Residential sign." Any sign located in the Rural Residential, Residential Office or Urban Residential zoning districts that contains no commercial message except for advertising for goods or services legally offered on the premises where the sign is located, if offering such services at such location conforms with all requirements of the zoning code.

"Roof sign, integral." Any sign erected and constructed as an integral part of a normal roof structure, such that no part of the sign extends vertically more than two feet above the highest portion of that roof of which it is a part.

"Setback." The distance between the lot line and the sign.

"Sign." Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

"Suspended sign." A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

"Temporary sign." Any sign that is used only temporarily and is not permanently mounted.

"Wall sign." Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

"Window sign." Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. (Ord. 09-47(A) § 1 (part), 2009)

21.60.050 Computations. The following principles shall control the computation of sign area and sign height.
a. Computation of Area of Individual Signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning code regulations and is clearly incidental to the display itself. In computing the sign area under this section,
1. Sign area shall include the area of any tenant‑specific motifs or architectural devices including, but not limited to, roof forms, canopies, awnings, building color or finish, striping or color bars.
2. The entire area of backlit translucent material, including backlit translucent light boxes, canopies, and awnings, shall be counted as a sign area.
b. Computations of Area of Multifaced Signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces.
c. Computation of Height. See HCC Chapter 21.05. (Ord. 08-29, 2008).

21.60.060 Signs allowed on private property with and without permits. a. Signs shall be allowed on private property in the City in accordance with, and only in accordance with Table 1. If the letter appears for a sign type in a column, such sign is allowed without prior permit approval in the zoning district represented by that column. If the letter appears for a sign type in a column, such sign is allowed only with prior permit approval in the zoning districts represented by tat column. Special conditions may apply in some cases. If the letter appears for a sign type in a column, such a sign is not allowed in the zoning districts represented by that column under any circumstances.
b. Although permitted under the previous paragraph, a sign designated by a "P" or "S" in Table 1 shall be allowed only if:
1. The sum of the area of all building and free standing signs on the lot conforms with the maximum permitted sign area for the zoning district in which the lot is located as specified in Table 2;
2. The characteristics of the sign conform with the limitations of Table 3; Permitted Sign Characteristics, and with any additional limitations on characteristics listed in Table 1 or Table 2.
c. Any sign not listed on the following tables are not permitted, with or without a permit. (Ord. 08-56 §1, §2, 2008; Ord. 08-29, 2008).

See attachment KEY TO Tables 1 through 3

See attachment Table 1 & Notes

See attachment Table 2 & Notes

See attachment Table 3 & Notes

21.60.070 Permits required. a. If a sign requiring a permit under the provisions of this chapter is to be placed, constructed, erected, or modified on a lot, the owner of the lot shall secure a sign permit prior to the construction, placement, erection, or modification of such a sign in accordance with the requirements of HCC § 21.60.120.
b. No sign shall be erected in the public right-of-way except in accordance with HCC § 21.60.090 and the permit requirements of HCC § 21.60.140. (Ord. 08-29, 2008).

21.60.080 Design, construction, and maintenance. All signs shall be designed, constructed, and maintained in accordance with the Following standards:
a. No sign shall be allowed to be a safety hazard. All signs shall be maintained in good repair. Any sign not in substantial, sturdy condition will be subject to abatement as a public nuisance.
b. Except for banners, flags, temporary signs and window signs conforming in all respects with the requirements of this chapter, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.
c. Visibility for vehicles at access points to public streets shall be protected as required in HCC § 21.73.200. No sign shall be placed or maintained within the visibility clearance area.
d. Signs shall be setback at least five feet from all property lines except wall signs are permitted on any legally located building wall.
e. Illumination, if used, shall not be animated. Light rays shall shine only upon the sign or upon the lot on which the sign is located, and no direct light or significant glare shall be cast onto any adjacent lot, street, or right-of-way.
f. Projecting signs shall have a maximum projection of four feet from the building and not exceed 20 square feet in area. (Ord. 08-29, 2008).

21.60.090 Signs in the public right-of-way. No sign shall be allowed in the public right-of-way, except for the following:
a. Permanent Signs. Only the following permanent signs, including:
1. 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;
2. Informational signs of a public utility regarding its poles, lines, pipes, or facilities; and
3. Signs containing commercial messages must be approved by the State of Alaska Department of Transportation, Tourist Oriented Directional Signing Program.

b. Temporary Signs. Temporary signs for which a permit has been issued in accordance with HCC § 21.60.140, which shall be issued only for signs meeting the following requirements:
1. The signs shall contain no commercial message; and
2. The signs shall be no more than two square feet in area each.
3. Notwithstanding (1) and (2), such signs calling attention to civic events shall be no more than four square feet in area, if freestanding, or if street banner, may not exceed the width of traveled portion of road.
c. Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way.
d. Other Signs Forfeited. Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be forfeited to the City and subject to confiscation. In addition to other remedies hereunder, the City shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign. (Ord. 08-29, 2008).

21.60.092 Off-premises signs. Off-premises signs are allowed in all nonresidential zoning districts subject to the restrictions of this section, which are in addition to the other requirements of the sign code:
a. No more than one sign per lot, containing up to four separate messages, commercial or non-commercial per sign, may be allowed;
b. No more than one message per business, product, service or other commercial or non-commercial activity may be allowed on an off-premises sign anywhere in the city;
c. Maximum area of signage per commercial or non-commercial message shall be five square feet, inclusive of a logo, if any, which shall not exceed one square foot in area;
d. Maximum height of a free standing off-premises sign shall not exceed ten feet;
e. Illumination, if used, shall not be animated. Light rays shall shine only upon the sign or upon the lot on which the sign is located, and no direct light or significant glare shall be cast onto nay adjacent lot, street, or right-of-way, and;
f. The owner and lessee, if any, of the lot on which the sign is located and the owner of any commercial or non-commercial activity named or depicted on an off-premises sign shall be jointly and severally responsible for compliance with the sign code. (Ord. 08-29, 2008).

21.60.095 Electoral signs. Electoral signs are allowed in all zoning districts subject to the restrictions of this section.
a. Electoral signs are allowed in any number and shall be in addition to any other signs allowed under the sign code.
b. Electoral signs may be displayed only for a period of 60 days prior to any federal, state or municipal election. All electoral signs must be removed within one week following the election; provided that signs erected for any primary or general election that remain relevant to a subsequent general or run-off election may remain in place for the period between the elections. During other periods of time, electoral signs shall be subject to regulation as other signs under the sign code.
c. Electoral signs shall not be placed on public property or rights-of-way except in accordance with HCC § 21.60.090.
d. An electoral sign shall not exceed 32 square feet in area and shall not exceed the height limitation applicable to non-electoral signs within the same zoning district.
e. Electoral signs shall not violate HCC § 21.60.080. (Ord. 08-29, 2008).

21.60.097 Public Signs. Public Signs are allowed in all zoning districts subject to the requirements in Tables 1, 2 and 3 of HCC § 21.60.060, and to the following requirements:
a. Public Signs are allowed on publicly owned and privately owned lots.
b. Public Signs are allowed in rights-of-way, subject to HCC § 21.60.090.
c. No more than one Public Sign is allowed per lot.
d. No Public Sign may be placed within 300 feet of another Public Sign.
e. Freestanding Public Signs shall not exceed 32 square feet in area.
f. Freestanding Public Signs shall not exceed 10 feet in height.
g. Public Signs other than freestanding shall not exceed 24 square feet in area.
h. No Public Sign is allowed without a permit.
i. Public Sign design and placement must be submitted to the Planning Commission for approval, including Public Signs provided or installed by the City of Homer.
j. The Planning Commission shall conduct a public hearing prior to approving a Public Sign. (Ord. 09-47(A)§2 (part), 2009; Ord. 08-29, 2008,).

21.60.100 Signs exempt from regulation under this chapter.
The following signs shall be exempt from regulation under this chapter:
a. Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance;
b. Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the lot or parcel on which such sign is located;
c. Works of art that do not contain a commercial message;
d. Holiday lights between October 15 and April 15;
e. Traffic control signs on private property, such as a stop sign, a yield sign, and similar signs, the face of which meet Department of Transportation standards and that contain no commercial message of any sort; and
f. Signs in existence before February 11, 1985, but such signs shall not be replaced, moved, enlarged, altered, or reconstructed except in compliance with this chapter. (Ord. 08-29, 2008).

21.60.110 Signs prohibited under this chapter. All signs not expressly permitted under this chapter or exempt from regulation hereunder in accordance with HCC § 21.60.100 are prohibited in the City. Without limiting the foregoing, examples of prohibited signs include:
a. Beacons;
b. Pennants;
c. Strings of lights not permanently mounted to a rigid background, except those exempt under HCC § 21.60.100;
d. Inflatable signs and tethered balloons;
e. Animated signs that are neon, change colors, or exceed three square feet in area;
f. Placement of hand bills, flyers, or bumper stickers on parked vehicles other than by owner;
g. Abandoned signs, which shall be removed by the owner or lessee, if any, of the lot upon which the signs are located. If such owner or lessee fail to remove such signs after an opportunity for a hearing before the Planning Commission and fifteen days written notice to remove given by the City, then (i) the owner or lessee has committed a violation, and (ii) the City may remove the signs and collect the cost of removal from such owner or lessee, who shall be jointly and severally liable for such cost. (Ord. 08-29, 2008).

21.60.120 General permit procedures. The following procedures shall govern the application for, and issuance of, all sign permits under this chapter.
a. Applications. All applications for sign permits of any kind shall be submitted to the Department on an application form or in accordance with application specifications published by the Department. The owner of the lot is responsible for obtaining all required sign permits. For the purposes of this chapter, the lessee of any property owned by the City shall be considered the property owner and is responsible for all necessary sign permits and compliance with the sign code.
b. Fees. Each application for a sign permit shall be accompanied by the applicable fees, which shall be established by the Homer City Council from time to time by resolution.
c. Action. Within seven working days of the submission of a complete application for a sign permit, the Department shall either:
1. Issue the sign permit, if the sign(s) that is the subject of the application conforms in every respect with the requirements of this chapter; or
2. Reject the sign permit if the sign(s) that is the subject of the application fails in any way to conform with the requirements of this chapter. In case of rejection, the Department shall specify in the rejection the section or sections of the chapter or applicable plan with which the sign(s) is inconsistent. (Ord. 08-29, 2008).

21.60.130 Temporary signs-Private property. Temporary signs on private property shall be allowed subject to the following requirements:
a. Term. A temporary sign shall not be displayed for more than 14 days in any 90-day period, except a sign offering for sale or lease the lot on which the sign is located, which is allowed as long as the property is for sale or lease.

b. Number. Only one temporary sign per lot is allowed.

c. Unless a smaller size is required by another provision of this title, the maximum size of a temporary sign is restricted to 16 square feet. (Ord. 08-29, 2008).



21.60.140 Temporary signs-Public right-of-way. Permits for temporary private signs in the public right-of-way shall be issued in accordance with the following conditions:

a. Term and Number of Permits. The maximum term of such a permit shall be 60 days. No more than one permit for temporary signs shall be issued to any applicant in any calendar year. For any sign containing the name of a political candidate, the candidate shall be deemed to be the applicant.
b. The signs must meet the requirements of Table 3 of this chapter.
c. Number of signs. No more than 20 signs may be erected under one permit. (Ord. 08-29, 2008).

21.60.150 Time of compliance-Nonconforming signs and signs without permits. a. Except as otherwise provided herein, the owner of any lot or other premises on which exists a sign that does not conform with the requirements of this chapter or for which there is no current an valid sign permit must remove such sign or, in the case of a nonconforming sign, bring it into conformity with the requirements of this chapter.
b. Signs that were prohibited by Ordinance 84-33(S), as amended by Ordinances 86-18, 89-8 and that are prohibited in this chapter are illegal and must be removed immediately.
c. Any sign that was constructed and continues to be maintained in accordance with the applicable ordinances and other laws that existed prior to an amendment to this code, but which becomes unlawful as a result of an amendment to this code, is lawfully nonconforming. A sign that is lawfully nonconforming under this subsection may remain in place and continue to be maintained for a period of one year after the effective date of the amendment. If any action is taken that increases the degree or extent of the nonconformity with the amended code, the sign loses lawful nonconforming status and must be removed immediately. A change in the information on the face of an existing nonconforming sign is allowed. At the end of the period during which the lawfully nonconforming sign is allowed to remain in use, the sign shall either be removed or the owner must obtain a permit, if required, and complete all other steps and make any modifications necessary to bring it into full compliance with this code.
d. Any sign that was constructed and continues to be maintained in accordance with the applicable laws that governed territory prior to its annexation to the City, but which becomes unlawful under this code as a result of annexation to the City, is lawfully nonconforming. A sign that is lawfully nonconforming under this subsection may remain in place and continue to be maintained for a period of one year after the later of (i) the effective date of the annexation of the territory or (ii) the effective date of the ordinance that assigns the territory in which the sign is located to a zoning district under the Homer zoning code. If any action is taken that increases the degree or extent of the nonconformity with the code, the sign loses lawful nonconforming status and must be removed immediately. A change in the information on the face of an existing nonconforming sign is allowed. At the end of the period during which the lawfully nonconforming sign is allowed to remain in use, the sign shall either be removed or the owner must obtain a permit, if required, and complete all other steps and make any modifications necessary to bring it into full compliance with this code. (Ord. 08-29, 2008).

21.60.160 Violations. a. Any of the following shall be violation of this chapter and shall be subject to the enforcement remedies and penalties provided by this chapter, by the zoning code, and by state law. It is a violation:
1. To install, create, erect, or maintain any sign in a way that is in violation of any provision of this chapter;
2. To install, create erect, or maintain any sign requiring a permit without such a permit;
3. To fail to remove any sign that is installed, created, erected, or maintained in violation of this chapter; or
4. To continue any such violation; or
5. To commit any other act declared by this chapter to be a violation.
b. Each day of a continued violation shall be considered a separate violation when applying the penalty portions of this chapter.
c. Each sign installed, created, erected, or maintained in violation of this chapter shall be considered a separate violation when applying the penalty portions of this chapter. (Ord. 08-29, 2008).

21.60.170 Enforcement and remedies. a. Any violation or attempted violation of this chapter or of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to law.
b. A violation of this chapter shall be considered a violation of the zoning code of the City, subject prosecution and, upon conviction, subject to fines pursuant to HCC § 21.90.100.
c. The City shall have and may exercise all remedies provided for or allowed by City code or other law for the violation of the zoning code.
d. All remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation. (Ord. 08-29, 2008).