HomeMy WebLinkAbout08/03/2010 13 Sidewalk Signs; YMC Amendment 8.20 and 15.08 •
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:
r N 2010- . •
ORDINANCE O
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.
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BE IT ORDAINED BY THE CITY OF YAKIMA:
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Section 1. Section 8.20.040 of Chapter '8 of the City of Yakima Municipal Code is
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hereby amended to read as follows:
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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
410 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.
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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
1111 8.20.055 Sidewalk sign right -of -way use permit.
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Sidewalk Sign Ordinance . .
Page 1 of 4
A right -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 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 siqn 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 bf 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 sign's 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 •
P
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 Tamp 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 bursts or which switches on and off III
Sidewalk Sign Ordinance
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in a constant pattern in which more than one - third of the nonconstant Tight 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.
"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 sidewalk 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 a
excluding any support or framing structure S Fac
• that does not convey a message. i t. • e :3
"Sign cabinet" means the module or Sign PIZP,A b
background containing the advertising NaiVt
UV I•S c
Sidewalk Sign Ordinance
Page 3of4 Ft't
message but excluding sign supports, architectural framing, or other decorative features which ID
contain no written or advertising copy. -
"Sign height" means the vertical distance measured from the grade below the sign or upper
surface of the nearest street curb, whichever permits the greatest height, to the highest point of
the sign.
"Sign setback" means the horizontal distance from the property line to the nearest edge of the
sign cabinet.
"Street frontage" means thelength in feet of
a property line(s) or lot line(s) bordering a
public street. For corner lots, each street -
side property line shall be a separate rront :rar street
frontage. The frontage for a single use or
development on two or more lots shall Y =i be the
sum of the individual lot frontages.
"Temporary sign" means any sign,
banner, pennant, valance, or advertising FIGURE 8-2 •
display constructed of cloth, paper,
canvas, cardboard, or other Tight 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 3rd day of August, 2010.
. Micah Cawley, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date:
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Sidewalk Sign Ordinance
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