CITY OF HOMER

HOMER, ALASKA

Planning

ORDINANCE 03-38

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA AMENDING THE SIGN CODE, CHAPTER 21.60 OF THE HOMER CITY CODE.

WHEREAS, it is the desire of the Homer Advisory Planning Commission to have uniform Sign Code standards, and

WHEREAS, public comment has indicated a need for more uniform height and size requirements for freestanding signs; and

WHEREAS, the City amended the freestanding signs standard within a portion of the Central Business District and on the Homer Spit Road restricting freestanding signs to no more than ten feet in height and 36 square feet in area, and

WHEREAS, the current sign dimension requirements in these areas have proved workable, beneficial, and acceptable to the public and the business community; and

WHEREAS, the current small or freestanding sign regulations have created a more attractive community, and

WHEREAS, a skyline is best defined by buildings and natural features, and

WHEREAS, There is a need to allow Public Signs which provide direction to and identify public facilities and distinct areas of the City, and

WHEREAS, the Homer Advisory Planning Commission held a public hearing on the matter on March 5 of 2003.

NOW, THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:

Section 1. Table 1 of Homer City Code 21.60.060 is hereby amended to read as follows:

Table 1. Permitted Signs by Type and Zoning District
Sign Type	RR	UR	RO	INS	CBD	GC1	GC2	CM	IM	OSR	PS
Freestanding
Residential(b)	P	P	P	P	P	N	N	N	N	P	PH
Other(b)	N	N	N	S	S	S	S	S	S	N	PH
Incidental(c)	N	N	P(d)	P(d)	P	P	P	P	P	N	N
Building
Banner	N	N	N	N	S	S	S	S	S	N	N
Building Marker(e)	P	P	P	P	P	P	P	P	P	P	N
Identification(d)	P	P	P	P	P	P	P	P	P	P	N
Incidental(c)	N	N	P(f)	P(c)	P	P	P	P	P	P	N
Marquee(g)	N	N	N	N	S	S	S	S	S	N	N
Projecting(g)	N	N	N	N	S	S	S	S	S	N	N
Residential(b)	P	P	P	N	P	N	N	N	N	P	N
Roof	N	N	N	N	N	N	N	N	N	N	N
Roof, Integral	N	N	N	S	S	S	S	S	S	N	N
Suspended(g)	N	N	N	S	S	S	S	S	S	N	N
Temporary(h)	N	N	N	N	P	P	P	P	P	N	N
Wall	P	P	P	P	S	S	S	S	S	P	PH
Window	N	N	P	N	S	S	S	S	S	N	N
Miscellaneous
Banner(c)	N	N	N	N	S	S	S	S	S	N	N
Flag(i)	P	P	P	P	P	P	P	P	P	P	P
Portable(j)	N	N	N	N	S	S	S	S	S	N	N

P = Allowed without sign permit

S = Allowed only with sign permit

N = Not allowed

PH = Allowed only upon approval by the Homer Advisory Planning Commission after a public hearing.

a. This column does not represent a zoning district. It applies to institutional uses permitted under the zoning code, in the RR, UR and RO zoning districts. Institutional is defined as an established organization or corporation of a public, non-profit, or public safety/benefit natures, i.e., schools, churches, and hospitals.

b. No commercial message allowed on sign, except for a commercial message drawing attention to goods or services legally offered on the zone lot, except signs approved by the State of Alaska Department of Transportation and signs that meet the requirements of 21.60.092.

c. No commercial message of any kind allowed on sign if such message is legible from any location off the zone lot on which the sign is located.

d. Only address and name of occupant allowed on sign.

e. May include only building name, date of construction, or historical data on historic site; must be cut or etched into masonry, bronze, or similar material.

f. No commercial message of any kind allowed on sign.

g. If such a sign is suspended or projects above a public right-of-way, the issuance and continuation of a sign permit shall be conditioned on the sign owner obtaining and maintaining in force liability insurance for such a sign in such form and such amount as the Department may reasonably from time to time determine, provided that the amount of such liability insurance shall be at least $500,000 per occurrence per sign.

h. The conditions of 21.60.130 of this ordinance apply.

i. 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. These flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting any one or more of these conditions shall be considered a banner sign and shall be subject to regulations as such.

j. Permitted on the same terms as a temporary sign, in accordance with 21.60.130, except that it may be free standing.

Key to Tables 1 through 3 CBD Central Business District

RR Rural Residential GC1 General Commercial 1

UR Urban Residential GC2 General Commercial 2

RO Residential Office IM Marine Industrial

INS Institutional Uses Permitted OSR Open Space Recreation

in Residential Zoning Districts(a) PS Public Sign Uses Permitted

Section 2. Table 2 of Homer City Code 21.60.060 is hereby amended to read as follows:

Table 2. Maximum Total Sign Area Per Zone Lot by Zoning District

The maximum total area of all signs, in square feet, except incidental, building marker, and flags (b) shall not exceed the following according to district:

RR UR RO INS(a) OSR PS(d)

4 4 6 20 4 32

The maximum total area of signs, in square feet, in the Central Business District, General Commercial I, General Commercial 2, Marine Commercial and Marine Industrial zoning districts, except incidental, building marker, and flags shall not exceed the following:

Square feet of wall frontage: Maximum allowed signage.

750 s.f. and over 150 s.f.

650 to 749 130 s.f.

550 to 649 110 s.f.

450 to 549 90 s.f.

350 to 449 70 s.f.

0 to 349 50 s.f.

Only 1 freestanding sign is allowed per zone lot., except a freestanding Public Sign may be additionally allowed. Except as provided in the following sentence, freestanding signs may not exceed 75 square feet in area, nor may they exceed 20 feet in height or the height of the primary building on the zone lot, whichever is lower. In that portion of the CBD described in subsection 2l.48.030(m), and on the Homer Spit from Kachemak Drive to the distal end, A a freestanding sign may not exceed 36 square feet in area and shall be limited to a ground sign only, which and may not exceed ten feet in height, except for cluster businesses. ; provided, in cases where the normal grade at the sign location is below the elevation of the nearest point of the crown of a public street, any freestanding sign design may be used to elevate the top of the sign to no more than ten feet above the nearest point of the crown of a public street.

For cluster businesses, each individual business is allowed a maximum allowed signage according to its respective frontage using the table above. In addition each business cluster is allowed a maximum allowed signage according to the table above. If part of the allowed signage is used on a freestanding sign in no case shall the sign exceed 75 72 square feet (s.f.) in area; area to be calculated as follows: one business may have 36 s.f. in total area, two businesses may have a total of 54 s.f. in area; three businesses may have a total of 63 s.f. in area; more than three businesses may have 72 s.f. in total area, no one business may have more than 36 s.f. in total area. or 20 No freestanding sign shall exceed ten feet in height. except freestanding signs for cluster businesses in that portion of the CBD described in subsection 21.48.030( m) or on the Homer Spit from Kachemak Drive to the distal end, are limited to ground signs subject to the limitations stated in the paragraph directly above.

a. This column does not represent a zoning district. It applies to institutional uses permitted under the zoning code, in the RR, UR and RO zoning districts. Institutional is defined as an established organization or corporation of a public, non-profit, or public safety/benefit nature, i.e., schools, churches, and hospitals.

b. 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. These flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting any one or more of these conditions shall be considered a banner sign and shall be subject to regulation as such.

c. Square feet of wall frontage is defined as total square footage of wall surface, under the roof, which faces the major access or right-of-way of the business. In the case of a business located on a corner lot, square footage of wall frontage is the total square footage of wall surface, under the roof, on the side of the business with the most square footage.

d. This column does not represent a zoning district. It applies to Public Signs permitted under the zoning code, in all zoning districts.

Section 3. HCC 21.60.040 Definitions. is hereby amended by amending the definitions of “Building sign” found in subsection (f), Freestanding sign found in subsection (m), “Ground sign” found in subsection (n) and adding a new definition titled “Public Sign” as subsection (z) and renumbering the subsequent subsections.

f. 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. as contrasted to a freestanding sign.

n. Ground sign. A ground sign is a freestanding sign that is placed directly on the ground and is not supported by poles, columns, beams or other structure protruding from the surface of the ground, other than a foundation or solid base. having or appearing to have a foundation or solid base beneath 50% or more of the longest horizontal dimension of the sign.

m. 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.

z. Public Sign. A Public Sign provides direction to or identifies public facilities such as, but not limited to, parks, playgrounds, libraries, or schools and distinct areas of the City such as, but not limited to, 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.

aaz. 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.

bbaa. 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.

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

ddcc. 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.

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

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

ff. 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.

ggff. 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.

hhgg. 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.

iihh. Zone lot. A parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by the zoning regulations. (Ord. 98-18 2,1998; Ord. 93-8A 2,1993; Ord. 90-43 1, 1990).

Section 4. HCC 21.60.080 is hereby amended to add the following new subsections:

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 zone lot on which the sign is located, and no direct light or significant glare shall be cast onto any adjacent zone lot, street, or right-of-way.

f. Projecting signs shall have a maximum projection of four feet from the building and not exceed twenty square feet in area.

Section 5. HCC 21.62.092 subsection (d) is hereby amended as follows:

(d). Maximum height of a freestanding off-premise sign shall not exceed 12 10 feet.

Section 6. HCC 21.60.130 is hereby amended to repeal subparagraph (a)(3) and to renumber the succeeding subparagraphs accordingly.

3. Awning, projecting, and suspended signs projecting over a public right-of-way in conformity with the conditions of Tables 1 through 3 of this chapter.

3. 4. Signs containing commercial messages must be approved by the State of Alaska Department of Transportation, Tourist Oriented Directional Signing Program.

Section 7. HCC 21.60.130 is hereby amended to add a new subsection (c) as follows:

c. Unless a smaller size is required by another provision of this code, the maximum size of a temporary sign is restricted to 16 square feet.

Section 8. Table 3 is hereby amended to read as follows:

Table 3. Permitted Sign Characteristics by Zoning District

	RR	UR	RO	INS(a)	CBD	GC1	GC2	CM	IM	OSR	PS(e)
Animated (b)	N	N	N	N	S	S	SN	S	SN	SN	N
Changeable Copy(c)	N	N	N	N	S	S	S	S	S	SN	PH
Illumination, Internal (d)	N	N	N	S	S	S	S	S	S	SN	N
Illumination, External (d)	N	N	N	S	S	S	S	S	S	SN	PH
Neon(d)	N	N	N	N	S	S	S	S	S	SN	N

P = Allowed without sign permit.

S = Allowed only with sign permit.

N = Not allowed.

PH= Allowed only by approval of the Homer Advisory Planning Commission after a public hearing.

a. This column does not represent a zoning district. It applies to institutional uses permitted under the zoning code, in the RR, UR and RO zoning districts. Institutional is defined as an established organization or corporation of a public, non-profit, or public safety/benefit nature. i.e., schools, churches and hospitals.

b. Animated signs may not be neon or change colors or exceed three (3) square feet in area.

c. Changeable Copy signs must be wall or pole mounted, and may not be flashing.

d. No direct light or significant glare from the sign shall be cast onto any adjacent zone lot that is zoned and used for residential purposes.

d e. Neon signs may not be flashing and may not exceed 32 square feet.

e. f. This column does not represent a zoning district. It applies to Public Signs permitted under the zoning code, in all zoning districts.

Section 9. HCC 21.60 is hereby amended to add a new subsection 21.60.097 as follows:

21.60.097 Public Signs. Public Signs are allowed in all zoning districts as designated in Tables 1, 2, and 3, subject to the following requirements:

a. Public Signs are allowed on publicly owned and privately owned zone lots.

b. Public Signs are allowed in right-of-ways and are subject to 21.60.090

c. No more than one Public Sign is allowed per zone 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 Signs are allowed without a permit.

i. Public Sign design and placement must be submitted to the Homer Advisory Planning Commission for approval, including Public signs provided or installed by the City of Homer.

j. The Homer Advisory Planning Commission shall conduct a public hearing prior to approving a Public Sign

k. A permit issued for a Public Sign shall be valid for a maximum period of 5 years from the date of issuance.

l. A permit may be renewed by the same process as the original permit.

Section 10. This ordinance is of a permanent and general character and shall be included in the City code.

This ordinance is of a permanent and general character and shall be included in the City code.

ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this __________ day of ______________________, 2003.

CITY OF HOMER

_______________________________

Jack Cushing, Mayor

ATTEST:

___________________________

Mary L. Calhoun, City Clerk

AYES:

NOES:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and approved as to form:

_____________________________ ___________________________

Walter E. Wrede Gordon J Tans

City Manager City Attorney

ABSTAIN :

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date: