HOMER,
City Manager/Planning
ORDINANCE 08-04
AN ORDINANCE OF THE
WHEREAS, A need for clarity in the sign code was identified, and
WHEREAS, The Homer Advisory Planning
Commission held numerous work sessions to discuss the proposed amendments; and
WHEREAS, The
Homer Advisory Planning Commission held a public hearing on the proposed
amendment on
Section 1.
Homer City Code 21.60 Supplemental Regulations, Article 1, Sign Code, is
hereby amended to read as follows:
Article
1. Sign Regulations
21.60.010
Sign code. Sign standards are set out in Article 1 of Chapter 21.60. This
article may be known and referred to as the Sign Code.
21.60.020 Purpose. The purposes
of these sign regulations 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
chapter is adopted under the zoning authority of the City in furtherance of the
more general purposes set forth in the zoning code.
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.
21.60.040 Definitions. For the
purpose of this chapter, the following words and phrases shall have the
meanings set forth in this chapter.
a. Abandoned sign. Any sign
containing copy that refers to a business or activity that is no longer being
conducted or pursued.
b. 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.
c. Banner. Any sign of
lightweight fabric or similar material that is [permanently] mounted to
a pole or a building by a permanent frame at one or more edges. A flag,
as defined in
d. Beacon. Any sign with one or
more beams, capable of being directed in any director or directions or capable
of being rotated or moved.
e. 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.
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.
g. 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.
[h. Cluster business. A business
which has more than one commercial or non-commercial activity, shop, office, or building located on the same
zone lot.
h. [i.] Commercial message. Any sign working, logo, or other
representation that, directly or indirectly, names, advertises, or calls
attention to a business, product, service or other commercial activity.
i. [j.] Department. The Planning and Zoning [Department.]
Division or Department of the City.
j. [k.] 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.
k. [l.] Flag. Flags of the
l. [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.
m. [n.] 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 fifty percent (50%) or more of the longest horizontal dimension of
the sign.
n. [o.] 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.
o. [p.] Incidental sign. A sign, generally informational, that has a
purpose secondary to the use of the [zone] 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 [zone] lot on which the sign is
located shall be considered incidental.
p. [q.][Lot. Any piece or parcel of land or a portion of a subdivision, the
boundaries of which have been established by some legal instrument of record,
that is recognized and intended as a unit for the purpose of transfer of
ownership.] Lot means a single parcel of land of
any size that has established boundaries shown on a subdivision plat map, or
record of survey map, or described by metes and bounds and filed or recorded in
the public records of the office of the District Recorder. “
q. [r.] 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.
r. [s.] Marquee sign. Any sign attached to, in any manner, or made a
part of a marquee.
s. [t.] Non-conforming sign. Any sign which does not conform to the
regulations of this chapter.
t. [u.] Off-premise 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 [zone] lot on which the sign is located.
u. v. 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.
v. [w.] Portable sign. Any sign not permanently attached to the ground or
other permanent structure, or a sign designed to be transported, including, but
not limited to, 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.
w. [x.] Principal building.
The building in which is conducted the principal use of the[ zone] lot
on which it is located. [Zone ]Lots with multiple
principal uses may have multiple principal buildings, but storage buildings,
garages, and other clearly accessory uses shall not be considered principal
buildings.
x. [y.] 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.
y. [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 area of the City such as, but not limited
to,
z. [aa.] 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.
aa. [bb.] 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.
bb. [cc.] Setback. The distance between the lot line and the sign.
cc. [dd.] 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.
dd. [ee.] Suspended sign. A sign that is suspended from the underside
of a horizontal plane surface and is supported by such surface.
ee. [ff.] Temporary sign. Any sign that is used only temporarily and
is not permanently mounted.
ff. [gg.] 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.
gg. [hh.] 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.
[ii. 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.]
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.
b. Computations of Area of Multi-faced
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. The
height of a sign shall be computed as the distance from the base of the sign at
normal grade to the top of the highest attached component of the sign. Normal
grade shall be construed to be the lower of (1) existing grade prior to
construction or (2) the newly established grade after construction, exclusive
of any filling, berming, mounding, or excavating solely for the purposes of
locating the sign. In cases in which the normal grade cannot reasonably be
determined, sign height shall be computed on the assumption that the elevation
of the normal grade at the base of the sign is equal to the elevation of the
nearest point of the crown of a public street or the grade of the land at the
principal entrance to the principal structure on the [zone] lot,
whichever is lower.
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
(see page 258-10). If the letter "P" 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 "S" appears for a
sign type in a column, such sign is allowed only with prior permit approval in
the zoning districts represented by that column. Special conditions may apply
in some cases. If the letter "N" 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 [zone] lot conforms with the
maximum permitted sign area for the zoning district in which the lot is located
as specified in Table 2 (see page ____);
2. The characteristics of the
sign conform with the limitations of Table 3 (see page _____); "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.
|
KEY TO Tables 1 through 3 |
|
RR Rural Residential RO Residential Office INS
Institutional Uses Permitted in Residential Zoning Districts GBD Gateway Business District |
CBD Central Business District GC1 General Commercial 1 GC2 General Commercial 2 MC Marine Commercial MI Marine Industrial OSR Open Space Recreation PS Public Sign Uses Permit |
|
|
|
|
Table 1. Permitted Signs by Type and Zoning
District |
|
Sign Type |
RR |
|
RO |
INS |
CBD |
GBD |
GC1 |
GC2 |
MC |
MI |
OSR |
PS |
|
Freestanding |
|
|
|
|
|
|
|
|
|
|
|
|
|
Residential(b) |
P |
P |
P |
P |
P |
P |
N |
N |
N |
N |
P |
PH |
|
Other (b) |
N |
N |
N |
S |
S |
S |
S |
S |
S |
S |
N |
PH |
|
Incidental (c) |
N |
N |
Pd |
Pd |
P |
P |
P |
P |
P |
P |
N |
N |
|
Building |
|
|
|
|
|
|
|
|
|
|
|
|
|
Banner |
N |
N |
N |
N |
S |
N |
S |
S |
S |
S |
N |
N |
|
Building Marker(e) |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
N |
|
Identification (d) |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
N |
|
Incidental (c) |
N |
N |
Pf |
P c |
P |
P |
P |
P |
P |
P |
N |
N |
|
Marquee (g) |
N |
N |
N |
N |
S |
S |
S |
S |
S |
S |
N |
N |
|
Projecting (g) |
N |
N |
N |
N |
S |
S |
S |
S |
S |
S |
N |
N |
|
Residential (b) |
P |
P |
P |
N |
P |
P |
N |
N |
N |
N |
P |
N |
|
Roof |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
|
Roof, Integral |
N |
N |
N |
S |
S |
S |
S |
S |
S |
S |
N |
N |
|
Suspended(g) |
N |
N |
N |
S |
S |
S |
S |
S |
S |
S |
N |
N |
|
Temporary (h) |
N |
N |
N |
N |
P |
S |
P |
P |
P |
P |
N |
N |
|
Wall |
P |
P |
P |
P |
S |
S |
S |
S |
S |
S |
P |
PH |
|
Window |
N |
N |
P |
N |
S |
S |
S |
S |
S |
S |
N |
N |
|
Miscellaneous |
|
|
|
|
|
|
|
|
|
|
|
|
|
Banner(c) |
N |
N |
N |
N |
S |
S |
S |
S |
S |
S |
N |
N |
|
Flag (i) |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
Portable(j) |
N |
N |
N |
N |
S |
S |
S |
S |
S |
S |
N |
N |
|
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, b. No commercial message
allowed on sign, except for a commercial message drawing attention to goods
or services legally offered on the [ c. No commercial message of any
kind allowed on sign if such message is legible from any location off the [ 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 j. Permitted on the same terms
as a temporary sign, in accordance with 21.60.130, except that it may be free
standing. |
|
Table 2. Maximum Total Sign Area Per [ |
|||||||||||||||||||||||||||||||||||
|
Table 2 Part A The maximum combined total
area of all signs, in square feet, except incidental, building marker,
and flags(b) shall not exceed the following according to district:
Table 2 Part B In all other districts
(CBD, GBD, GC1, GC2, MC, MI, and all others) the maximum combined total
area of all signs, in square feet, except incidental, building
marker, and flags shall not exceed the following:
In all districts covered
by Table 2 Part B, on any lot with multiple principal buildings or with
multiple independent businesses or occupancies in one or more buildings, the
total allowed sign area may be increased beyond the maximum allowed signage
as shown in Table 2 Part B, by 20%. This additional sign area can only be
used to promote or identify the building or complex of buildings. In all districts covered by
Table 2 Part B, freestanding signs, when otherwise allowed, shall not exceed
the following limitations: Only one freestanding sign
is allowed per lot, except one freestanding Public Sign may be additionally
allowed. A freestanding sign may not exceed ten (10) feet in height. The sign area on a freestanding sign
(excluding a Public Sign) shall be included in the calculation of maximum
allowed sign area per lot and shall not exceed the following: One business or occupancy
in one building – 36 sq ft Two independent
businesses or occupancies or principal buildings in any combination – 54 sq
ft Three independent
businesses or occupancies or principal buildings in any combination– 63 sq ft Four or more independent
businesses or occupancies or principal buildings in any combination– 72 sq
feet [
|
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|
Notes
to Table 2, Parts A and B a. This column does not represent a zoning
district. It applies to institutional uses permitted under the zoning code,
in the RR, b.
Flags of the 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. e.
This column applies only to lots in the RO district that abut |
|
Table 3. Permitted Sign Characteristics by Zoning
District |
|
|
RR |
|
RO |
INS(a) |
CBD |
GBD |
GCI |
GC2 |
MC |
MI |
OSR |
PS(e) |
|
Animated(b) |
N |
N |
N |
N |
S |
N |
S |
N |
S |
N |
N |
N |
|
Changeable Copy (c) |
N |
N |
N |
N |
S |
N |
S |
S |
S |
S |
N |
PH |
|
Illumination Internal |
N |
N |
N |
S |
S |
N |
S |
S |
S |
S |
N |
N |
|
Illumination External |
N |
N |
N |
S |
S |
S |
S |
S |
S |
S |
N |
PH |
|
Neon(d) |
N |
N |
N |
N |
S |
N |
S |
S |
S |
S |
N |
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,
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. Neon signs may not be flashing and may not exceed thirty two (32)
square feet.
e. This column does not represent a zoning district. It applies to Public
Signs permitted under the zoning code, in all zoning districts.
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 [zone] 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 21.60.120.
b. No sign shall be erected in the public right-of-way except in
accordance with 21.60.090 and the permit requirements of 21.60.140.
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 shall be protected. Where any
street, right-of-way, private drive, or entrance or exit for a parking area
intersects a public street or right-of-way no sign shall be placed or
maintained within the triangular area defined by lines connecting points as
follows:
d. Signs shall be setback at least five (5) 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 (4) feet from
the building and not exceed twenty (20) square feet in area.
Beginning at the point where the midline of the street, right-of-way,
private drive, or entrance or exit for a common parking area intersects the public
right-of-way line or street line, thence to a point thirty-five (35) feet along
the right-of-way line or street line in the direction of approaching traffic in
the nearest lane, thence to a point twenty-five (25) feet toward the interior
of the property at the previously described midline, and thence to the point of
beginning.
No such
visibility triangle need be maintained on the side of the street, right-of-way,
private drive, entrance or exit in the direction away from approaching traffic
in the nearest lane of the public right-of-way or street.
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 21.60.140, which shall be issued only for signs meeting the
following requirements:
1. Such signs shall contain no commercial message; and
2. Such 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.
21.60.092 Off-premise signs. Off-premise 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 on such sign per [zone] lot, containing up to four
separate messages, commercial or non-commercial per sign, may be allowed;
b. No more than one such message per business, product, service or other
commercial or non-commercial activity may be allowed on an off-premise 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-premise sign shall not exceed ten (10) feet;
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 nay adjacent [zone]
lot, street, or right-of-way, and;
f.
The owner and lessee, if any, of the [zoned] lot on which the sign is
located and the owner of any commercial or non-commercial activity named or
depicted on an off-premise sign shall be jointly and severally responsible for
compliance with the sign code.
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 sixty 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 nay 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 ' 21.60.090.
d.
An electoral sign shall not exceed thirty two 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 ' 21.60.080.
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 rights-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 three hundred (300) feet of another Public
Sign.
e.
Freestanding Public Signs shall not exceed thirty two (32) square feet in area.
f.
Freestanding Public Signs shall not exceed ten (10) feet in height.
g.
Public Signs other than freestanding shall not exceed twenty four (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
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 five (5) years from the date of issuance.
l. A permit may be renewed by the same process as the original permit.
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 [zone]
lot or parcel on which such sign is located;
c. Works of art that do not contain a commercial message;
d.
e. Traffic control signs on private property, such as "Stop",
"Yield", and similar signs, the face of which meet Department of
transportation standards and which contain no commercial message of any sort;
and
f. Signs in existence before
21.60.110 Signs prohibited under this chapter. All signs not expressly
permitted under this chapter or exempt from regulation hereunder in accordance
with 21.60.100 are prohibited in the City. Such signs include, but are not
limited to:
a. Beacons;
b. Pennants;
c. Strings of lights not permanently mounted to a rigid background,
except those exempt under 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 [zone] 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 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.
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.
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.
[d. Cluster business permits. The owner and lessee, if any, of the zone
lot on which a cluster business is located are jointly and severally
responsible for obtaining all required sign permits and for payment of all fees
for all signs of the cluster business and all individual businesses within the
cluster.]
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 fourteen
days in any ninety-day period, except for signs offering for sale or lease the [zone]
lot on which the sign is located. The sign is allowed as long as the property
is for sale or lease.
b. Number. Only one temporary sign shall be permitted per [zone]
lot.
c. Unless a smaller size is required by another provision of this code,
the maximum size of a temporary sign is restricted to sixteen (16) square feet.
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
sixty 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(page 658-12) of this chapter.
Number of signs. No more than twenty signs may be erected
under one permit.
21.60.150 Time of
compliance-Nonconforming signs and signs without permits. Except as otherwise provided herein, the
owner of any [zone] lot or other premises on which exists a sign that
does not conform with the requirements of this chapter of for which there is no
current an valid sign permit shall be obligated to remove such sign or, in the
case of a nonconforming sign, to bring it into conformity with the requirements
of this chapter.
a. Signs existing on Effective Date. For any sign existing in the City on
b. Signs that were prohibited by Ordinance
84-33(S), as amended by Ordinances 86-18, 89-8 and which are prohibited in this
chapter must be removed immediately.
c. Nonconforming Existing Signs, Permits
and Terms. A sign that would be
permitted under this chapter with or without a sign permit, which was in
existence on December 18, 1990, and which was constructed in accordance with
the chapters and other applicable laws in effect on the date of its
construction, but which by reason of its size, height, location, design or
construction is not in conformance with the requirements of this chapter, shall
b issued a nonconforming sign permit if an application in accordance with ' 21.60.150 of this chapter is
timely filed.
Such
permit shall allow a sign subject to such permit, which was made nonconforming
by the adoption of this chapter, to remain in place and be maintained for a
period ending no later than
d. Lapse of Nonconforming Sign
Permit. A nonconforming sign permit shall
lapse and become void under the same circumstances as those under which any
other sign permit may lapse and become void.
e. Sign
Removal Required. A sign that was
constructed, painted, installed, or maintained in conformance with a permit
under this chapter, but for which the time allowed for the continuance of a
nonconforming sign has expired, shall be forthwith removed without notice of
action from the City.
21.60.160 Violations. 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:
a. To install, create, erect, or maintain any sign in a way that is in
violation of any provision of this chapter;
b. To install, create erect, or maintain any sign requiring a permit
without such a permit;
c. To fail to remove any sign that is installed, created, erected, or
maintained in violation of this chapter; or
d. To continue any such violation. Each day of a continued violation
shall be considered a separate violation when applying the penalty portions of
this chapter.
The
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.
21.60.170 Enforcement and remedies. 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. A violation of this chapter shall be
considered a violation of the zoning code of the City. The remedies of the City
shall include the following:
a. Issuing a stop-work order for any and all work on any signs on the
same [zone] lot;
b. Seeking an injunction or other order of restraint or abatement that
requires the removal of the sign(s) or the correction of the nonconformity;
c. Imposing any penalties that can be imposed; directly by the City under
the zoning code;
d. Seeking in court the imposition of any penalties that can be imposed
by such court under the zoning code; and
e. In the case of a sign that poses an immediate danger to the public
health or safety, taking such measures as are available to the City under the
applicable provisions of the zoning code and building code for such
circumstances.
The
City shall have such other remedies as are and as may from time to time be
provided for or allowed by City code or by state law for the violation of the
zoning code.
All
such 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.
21.60.180 Fee schedule. The fees for sign permits under this chapter
shall be established by the City council, from time to time, by means of a
resolution.
Section 2. This Ordinance is of a permanent and
general character and shall be included in the City Code.
ENACTED
BY THE
_____________________________
JAMES
C. HORNADAY, MAYOR
ATTEST:
_________________________________________
JO JOHNSON,
CMC, CITY CLERK
YES:
NO:
ABSTAIN:
ABSENT:
First
Public Hearing:
Second
Effective Date:
Reviewed and aApproved
as to form and content:
__________________________ ________________________
Walt E. Wrede, City Manager Gordon Tans, City Attorney
Date: _____________________
Date: ___________________