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Home My WebLink About2010-034 Sidewalk Signs; YMC Amendment 8.20 and 15.08 ORDINANCE NO. 2010 -34 AN ORDINANCE to modify Chapter 8.20 Right of Way Use Permits in .order to clarify that sidewalk signs will be processed under the provisions of this Chapter, amending Sections 8.20.040, 8.20.050 and, . adding a new Section 8.20.055 of Title 8, Streets and Sidewalks; and amending Section 15.08.020, Definitions of the Sign provisions of Title 15, Urban Area Zoning Ordinance, all of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 8.20.040 of Chapter 8 of the City of Yakima Municipal Code is hereby amended to read as follows: 8.20.040 Processing of application. The code administration manager shall examine each application for compliance with requirements of this chapter and for compliance with any applicable provisions of the city's building code and shall endorse his /her findings on the application form and transmit it: (1) For business /commercial uses, to the city clerk for consideration by the city council, except that applications for permits to place signs in city -owned right -of -way, including sidewalk signs as described in YMC 8.20.055, shall be transmitted to and approved or denied by the community and economic development director or his /her designee, or (2) for residential uses (single - family and duplex, and /or located within a residential neighborhood), to the community review board (hereinafter "board "). Section 2. Section 8.20.050 of Chapter 8 of the City of Yakima Municipal Code is hereby amended to read as follows 8.20.050 Grant or denial of permit. Upon consideration by the city council or the board of the application for a permit, the council or board shall, by motion, approve or deny the application, except that applications for permits to place signs in city -owned right -of -way, including sidewalk signs as described in YMC 8.20.055, shall be considered and approved or denied by the community and economic development director, or his /her designee. Upon approval of an application by the council, board or, in the case of an application for a permit to place a sign in city -owned right -of -way, the community and economic development director, the code administration manager shall issue the permit upon applicant's compliance with requirements of YMC 8.20.055 and 8.20.060. The applicant or other interested persons may appeal to the city council within thirty days of the issuance of the director's written decision or the board's decision concerning an application for a permit. Section 3. A new section of the Yakima Municipal Code is hereby added as Section 8.20.055 of Chapter 8 of the City of Yakima Municipal Code to read as follows 8.20.055 Sidewalk sign right -of -way use permit. A riqht -of -way use permit shall be granted by the community and economic development director or his /her designee for a sidewalk sign and shall endorse the application form if it meets the following conditions: 1. The business /commercial use has a current and valid Business License from the city of Yakima, and is located in a Commercial or Industrial zoning district; 2. The sign has no movable parts and no electrification; 3. A site plan has been filed with the application, as required in YMC 8.20.030, which identifies the proposed location of the sidewalk sign and ensures that an area of the Sidewalk Sign Ordinance Page 1 of 4 • sidewalk at least four feet in width is maintained at all times for compliance with the Americans With Disabilities Act of 1990 standards which will not be impeded by the sidewalk'sign; 4. The sign is removed daily from the sidewalk or right of way no later than 10 PM; 5. The sidewalk sign will be placed along the sidewalk frontage of the business. One sign per business is allowed per street frontage of the actual location. 6. Sidewalk signs are prohibited from containing any image or picture displayed to the public in any manner that graphically depict or portray individuals in a state of dress or undress meeting the definitions of nudity or partial nudity as established in YMC 15.09.200, or which depict individuals participating in lewd conduct as described in YMC 6.55.030, or which otherwise convey an overtly sexual message for obscenity as provided in YMC 5.30.0401. 7. Sidewalk signs must comply with all provisions of the YMC 8.20 including but not limited to application requirements, fees and renewal, liability insurance, appeals and safety compliance. Section 4. Section 15.08.020, Definitions of Chapter 15.08 Signs of Title 15, Urban Area Zoning Ordinance of the City of Yakima Municipal Code is hereby amended to read as follows 15.08.020 Definitions. For the purpose of this chapter, certain abbreviations, terms, phrases, words and derivatives shall be construed as specified herein. "Abandoned sign" means any sign located on property that is vacant and unoccupied for a period of six months or more, or any sign which pertains to any occupant, business or event unrelated to the present occupant or use. "Banner" means any sign of lightweight fabric or similar material that is mounted to a pole or building at one or more edges. National flags, state and local flags or any official flag at an institution or business will not be considered banners. "Canopy sign" means any sign that is part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. "Changing message center sign" means an electronically controlled sign where different automatic changing messages are shown on the lamp bank. This definition includes time and temperature displays. • "Construction sign" means any sign used to identify the architects, engineers, contractors or other individuals or firms involved with the construction of a building and to show the design of the building or the purpose for which the building is intended. Directional Sign. See "off- premises directional sign" and "on- premises directional sign." "Electrical sign" means a sign or sign structure in which electrical wiring, connections, and /or fixtures are used as part of the sign proper. "Flashing sign" means an electric sign or a portion thereof (except changing message centers) which changes light intensity in a sudden transitory burst, or which switches on and off in a constant pattern in which more than one -third of the nonconstant light source is off at any one time. "Freestanding sign" means any sign supported by one or more uprights, poles or braces in or upon the ground. "Freeway sign" means a freestanding sign designed and placed to attract the attention of freeway traffic. "Grand opening sign" means temporary signs, posters, banners, strings of lights, clusters of flags, balloons and searchlights used to announce the opening of a completely new enterprise or the opening of an enterprise under new management. • Sidewalk Sign Ordinance Page2of4 • "Multiple- building complex" is a group of structures housing two or more retail, offices, or commercial uses sharing the same lot, access and /or parking facilities, or a coordinated site plan. For purposes of this section, each multiple - building complex shall be considered a single use. "Multiple- tenant building" is a single structure housing two or more retail, office, or commercial uses sharing the same lot, access and /or parking facilities, or a coordinated site plan. For purposes of this section, each multiple - building complex shall be considered a single use. (See YMC 15.08.140.) "Off- premises directional sign" means an off - premises sign with directions to a particular business. "Off- premises sign" means a sign advertising or promoting merchandise, service, goods, or entertainment sold, produced, manufactured or furnished at a place other than on the property where the sign is located. "On- premises directional sign" means a sign directing pedestrian or vehicular traffic to parking, entrances, exits, service areas, or other on -site locations. "On- premises sign" means a sign incidental to a lawful use of the premises on which it is located, advertising the business transacted, services rendered, goods sold or products produced on the premises or the name of the business or name of the person, firm or corporation occupying the premises. "Political sign" means a sign advertising a candidate or candidates for public elective offices, or a political party, or.a sign urging a particular vote on a public issue decided by ballot. "Portable sign" means a temporary sign made of wood, metal, plastic, or other durable material that is not attached to the ground or a structure. This definition includes sid ewaik signs sandwich boards, and portable readerboards (also see "temporary sign ") if placed on private property. Signs placed on public or street right of way, including public sidewalks require review under YMC 8.20.055. "Projecting sign" means a sign, other than a wall sign, that is attached to and projects from a structure or building face. "Real estate sign" means any sign pertaining to the sale,' lease or rental of land or buildings. "Roof sign" means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design. See YMC 15.08.090. "Sign" means any medium, including its structural component parts, used or intended to attract attention to the subject matter that identifies, advertises, and /or promotes an activity, product, service, place, business, or any other thing. "Sign area" means that area contained within a single continuous perimeter enclosing the entire sign cabinet, but excluding any support or framing structure 510 Face that does not convey a message. Pi a • .) "Sign cabinet" means the module or PIUA background containing the advertising Might message but excluding sign supports, architectural framing, or other decorative LO IGIS t features which contain no written or advertising copy. figure 5.1 "Sign height" means the vertical g distance measured from the grade below FIGURE $1 the sign or upper surface of the'nearest street curb, whichever permits the greatest height, to the highest point of the sign. Sidewalk Sign Ordinance Page3of4 • "Sign setback" means the horizontal distance from the property line to the nearest edge of the sign cabinet. "Street frontage" means the length in feet of a property line(s) or lot line(s) bordering a public street. For corner Tots, each r..t street - side property line shall be a separate fr nt., street frontage. The frontage for a single use or development on two or more Tots shall Fx ® be the sum of the individual lot frontages. "Temporary sign" means any sign, banner, pennant, valance, or advertising FIGURE 8 display constructed of cloth, paper, canvas, cardboard, or other light nondurable materials and portable signs as defined in this section. Types of displays included in this category are: grand opening, special sales, special event, and garage sale signs. "Use identification sign" means a sign used to identify and /or contain information pertaining to a school, church, residential development, or a legal business other than a home occupation in a residential district. "Wall sign" means any on- premises sign attached to or painted directly on, or erected against and parallel to, the wall of a building. See YMC 15.08.100. "Window sign" means any sign, pictures, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service placed inside a window or upon the window panes or glass and visible from the exterior of the window. Section 5. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 3 day of August, 2010. Micah Cawley, Mayor ATTEST: City clerk Publication Date: August 6, 2010 Effective Date: September 5, 2010 Sidewalk Sign Ordinance Page4of4 • BUSINESS OF THE CITY COUNCIL • • YAKIMA, WASHINGTON AGENDA STATEMENT Item No. la For meeting of: August 3, 2010 ITEM TITLE: Consideration of Ordinance Regarding Sidewalk Signs and to modify the Right of Way Use Permits portion of the Municipal Code (YMC 8.20) to include the processing and review for sidewalk signs, and clarify the revised process in the Zoning Ordinance (YMC 15.08) SUBMITTED BY: Michael Morales, Director Community and Economic Development CONTACT PERSON /TELEPHONE: Joan Davenport, Planning Manager (576 -6417) Lawrence Watters, Senior. Assistant City Attorney SUMMARY EXPLANATION: The attached ordinance revises the procedures and requirements for sidewalk signs (sometimes referred to as "sandwich board" signs). Citizen complaints at the City Council meeting of April 6, 2010 resulted in a review of the standards and procedures for these signs. The issues were two -fold: placement /permitting issues and concern about content of particular signs. This ordinance addresses these issues by placing the sidewalk signs under the annual ® permit process of the Right of Way Use Permit, adding standards for the signs, and introduces some guidance about prohibited signs of a graphic nature. Ordinance X Other (Specify) Funding Source APPROVED FOR SUBMITTAL: -1�� City Manager J STAFF RECOMMENDATION: Adopt Ordinance BOARD /COMMISSION /COMMITTEE RECOMMENDATION: This item was reviewed by the City Council Economic Development Committee on April 14 2010, May 5, 2010 and June 2, 2010. Staff was requested to prepare an amending ordinance for consideration by the full City Council. COUNCIL ACTION: