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HomeMy WebLinkAboutPZ Res2025-030 SignsSponsored by: Planning and Zoning Commission Public Hearing: September 2, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-030 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY COUNCIL AMEND SEWARD CITY CODE §15.20 — SIGNS WHEREAS, according to Seward City Code §15.01.035, the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, the regulation and use of signs has a direct impact on the feel and character of a community; and WHEREAS, various regulations within the sign code were vague or undefined, which was creating difficulty for interpretation and enforcement; and WHEREAS, Community Development had received various complaints and concerns regarding the current regulations of temporary signage and awning signs; and WHEREAS, the Planning and Zoning Commission held work sessions on July 11, 2023, August 15, 2023, and January 23, 2024 to review the sign code and recommend changes; and WHEREAS, on April 4, 2024 Resolution 2024-007 recommending City Council amend Seward City Code 15.20 — Signs was removed from the Planning and Zoning Commission agenda during the approval of the agenda; and WHEREAS, the Planning and Zoning Commission held another work session on April 16, 2024 to discuss compliance with current Supreme Court rulings regarding sign discrimination and what other changes needed to be made to the sign code; and WHEREAS, it was recognized that the revision of the sign code had expanded beyond the initial scope and that recommended amendments should be simplified; and WHEREAS, the city attorney has reviewed the Seward sign code to verify its compliance with the Reed v. Town of Gilbert Supreme Court ruling, and provided recommended edits, which are included in the attached Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission, that: CITY OF SEWARD, ALASKA RESOLUTION 2025-030 Section 1. The Commission recommends Ordinance 2025-XXX attached and incorporated herein by reference, be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 2nd day of September, 2025. THE CITY OF SEWARD, ALASKA C Carol Griswold; Chair AYES: Pemberton, Sullivan, Hubbard, Hornseth, Verhey, Grisswold NOES: None ABSENT: Charbonneau ABSTAIN: None ATTEST: //1"L Kris Peck City Clerk (City Seal) ,"Ihijt1,., OF SE�y''•. S� E.: it EAL= ;. ._ - • . 1 1 1 Planning and Zoning Agenda Statement Meeting Date: September 2, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2025-030 of the Planning and Zoning Commission of the City of Seward Alaska, recommending the City Council amend Seward City Code § 15.20 Signs Background and justification: Temporary signage has historically been difficult to interpret and enforce under the existing Seward City Code. The majority of complaints have related to "feather signs," which were not defined in the Code and had been treated as similar to banners or flags, despite being distinct types of signage. Past enforcement practices generally prohibited feather signs, and members of the public have repeatedly expressed concerns to the Community Development Department that such signs are unattractive and distracting to motorists. Additional concerns raised by the community included the regulation of temporary, off -premises signage on City property and inconsistencies in the regulation of awnings. To address these issues, the Community Development Department conducted work sessions with the Planning and Zoning Commission on July 11, 2023; August 15, 2023; and January 23, 2024. These sessions focused on clarifying how temporary signage, awnings, and other signage types not currently addressed in the Code should be regulated. On April 4, 2024, Resolution 2024-007, which recommended amending Seward City Code (SCC) 15.20 — Signs, was removed from the Planning and Zoning Commission agenda during the approval of the agenda. A subsequent work session on April 16, 2024, was held to discuss the removal and to further refine the scope of proposed amendments. At that time, the Commission recognized that the revisions had grown too broad and that a simplified update was necessary. The Commission also emphasized the importance of ensuring that the Seward sign code complies with the U.S. Supreme Court ruling in Reed v. Town of Gilbert. Following that work session, the City Attorney conducted a legal review of the Seward sign code to ensure compliance with Reed v. Town of Gilbert and provided recommended edits. These legal recommendations, along with the previously identified amendments related to temporary signage and awnings, are incorporated into the attached Ordinance The effect of the proposed legislation would be to: • Update sign code language to ensure compliance with the Reed v. Town of Gilbert Supreme Court ruling. • Revise definitions for various types of signage. • Amend regulations for temporary signage. 44 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive 2.2.8 — City Government Plan: • "Continue to review and update the city code." 2.2.10 — Land Development • "Ensure all adopted codes reflect community values." 3.2.1.1 • "Ensure uniform and consistent enforcement of the zoning code, building code, subdivision ordinance, and city lease agreements, and evaluate potential code changes to make enforcement easier." Strategic Plan: N/A Other: N/A Recommendation The proposed amendments to Title 15 have been reviewed by the city attorney and staff. The Commission and the public have also had various work sessions on the topic to provide input. If the Commission is in favor of the amendments, Seward City Code § 15.01.035 gives the Commission power to provide a recommendation to City Council to amend Seward City Code Chapter § 15.20 Signs as outlined in the attached Ordinance 2025-XXX. 45 Sponsored: Sorensen Introduction: September XX, 2025 Public Hearing: October XX, 2025 Enactment: October XX, 2025 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING SEWARD CITY CODE CHAPTER §15.20 — SIGNS WHEREAS, according to Seward City Code § 15.01.035B(1)(b), the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, the regulation and use of signs has a direct impact on the feel and character of a community; and WHEREAS, various regulations within the sign code were vague or undefined, which was creating difficulty for interpretation and enforcement; and WHEREAS, Community Development had received various complaints and concerns regarding the current regulations of temporary signage and awning signs; and WHEREAS, the Planning and Zoning Commission held work sessions on July 11, 2023, August 15, 2023, and January 23, 2024 to review the sign code and recommend changes; and WHEREAS, on April 4, 2024 Resolution 2024-007 recommending City Council amend Seward City Code 15.20 — Signs was removed from the Planning and Zoning Commission agenda during the approval of the agenda; and WHEREAS, the Planning and Zoning Commission held another work session on April 16, 2024 to discuss compliance with current Supreme Court rulings regarding sign discrimination and what other changes needed to be made to the sign code; and WHEREAS, it was recognized that the revision of the sign code had expanded beyond the initial scope and that recommended amendments should be simplified; and WHEREAS, the city attorney has reviewed the Seward sign code to verify its compliance with the Reed v. Town of Gilbert Supreme Court ruling, and provided recommended edits, which are included in the attached Ordinance; and WHEREAS, on September 2, 2025 the Planning and Zoning Commission approved Resolution 2025-030 recommending City Council amend Seward City Code Chapter § 15.20 Signs. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: 48 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX Section 1. Seward City Code Chapter § 15.20 Signs is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): Chapter 15.20. Signs 15.20.010 Purpose and scope. It is the purpose of this chapter to promote: A. The protection of the health, safety, property and welfare of the citizens of Seward, and aesthetics of the community; B. Commercial and civic communications that accommodate the need of the community to convey information to the public; C. The protection and enhancement of the historic charm and natural beauty, and the visual character and identity of the community, by the thoughtful placement and design of signs; D. Flexibility and incentive for creative and innovative sign designs; E. The proper maintenance of signs; and F. Consistency with the goals and objectives of the Seward Comprehensive Plan. (Ord. 98-02) 15.20.015 Definitions. For purposes of this section, the following definitions pertaining to signs shall apply: Abandoned sign. A sign or sign structure which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found. Animated sign. Any sign which uses movement or change of lighting to depict action or to create a special effect or scene. Awning A structure projecting beyond a building wall at an entrance to a building, or extending along and projecting beyond the building's wall, composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable. Banner. A temporary sign made of fabric or similar nonrigid material with no enclosing framework, but secured to a solid structure at all four corners. Banners do not include Flags as defined by this Chapter. National flags, state or municipal flags, or the official flag of any institution or non commercial organization shall not be considered banners. Building marker. Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material. 49 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX Construction sign. A temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Directional sign. A sign containing no advertising, and designed to direct, inform or guide pedestrian or vehicular traffic to a location, place or convenience parking, drive through window, restrooms. Electricals n „ lit „t ; otion by f electrical r Facade (false front). A false, superficial or artificial facing on a building, given special architectural treatment. It may or may not be part of the structural wall. Feather sign. Any temporary, portable, animated sign made of lightweight materials that is prone to move in the wind, and that contains a pole or staff that is driven into the ground or supported by means of an individual stand. This definition includes such signs of any shape including flutter, bow, teardrop, rectangular, shark, and U-shaped. Flag. A piece of cloth or similar material, attached at one edge to a pole and used as the symbol or emblem of a country or institution, or as a marker or signal; and in no way can be construed as advertising. Flashing sign. A sign which contains an intermittent or sequential flashing light source. Freestanding sign (pole, monument or ground sign). A permanently mounted, self- supporting sign supported from the ground by means of poles, standards, or any other type of base. 111u inated s n v illu inat d in any manner by an artificial light source. Incidental sign. A sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or sign indicating hours of business. Identification sign. A nonelectric sign limited to the name, address and/or occupation of an occupant or group of occupants. Indirect illumination. Use of lights which are shielded from public view, to indirectly project illumination onto a sign which is, itself, not internally lit. Inflatable sign. A temporary sign filled by air or other gas and designed to be tethered to the ground. Marquee (canopy or awning). A permanent roof -like structure projecting beyond a building wall at an entrance to a building, or extending along and projecting beyond the building's wall, and generally designed to provide protection against the weather. Marquee sign. A sign that is a part of or attached to a marquee. Nameplate. A nonelectric sign limited to the name and address of an occupant or group of occupants. Nonconforming sign. Any sign which was legally erected, but does not now conform to the regulations of this chapter. 50 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX Off -premises sign (billboard). A sign or structure which advertises a business, person, product, activity or service not on or offered on the property on which subject sign is located, also known as a billboard, off -site, or outdoor advertising sign. On -premises sign. A sign which pertains to the use of the premises on which it is located. Parapet. The extension of a false front or wall above a building roofline Pennant. Triangular, swallow-tailed, or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles intended to flap in the wind. Point of purchase display. Advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser. Politicals ^ tem„orang e f the purpese-of wig, premoting or endorsing a political candidate, party initiative, issue, referendum or ballot proposition. Portable sign. A sign that is not attached to any building or structure. It may readily be picked up and moved from one location or another. It may be with or without its own wheels. Projecting sign (fin or right angle sign). A sign affixed to any building or structure, the edges of which extend perpendicularly beyond such building wall. Readerboard sign (bulletin board). A sign face consisting of tracks to hold readily changeable letters, allowing frequent changes of copy. upon which the sign is placed. Roof sign. Any sign erected over or on the roof of a building. Roofline. Either the edge of the roof which is the junction of the roof and the perimeter wall of the structure, or the peak or ridge line, whichever forms the line of the building silhouette. Sign. Any device fixed to, painted on, or incorporated into the building surface; displayed from or within a building or structure; or free-standing upon the site, and which is (a) visible from a public right-of-way and (b) designed to convey or direct a message to the public concerning the identification of the premises or to advertise or promote the interests of any private or public firm, person or organization. Sign area. The area of all lettering, wording, and accompanying designs and symbols, together with the background on which they are displayed, but excluding any supporting framework and bracing which are solely incidental to the display itself provided the same do not contain any lettering, wording, designs, or symbols. When two identical signs 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, only one side shall be considered for the purpose of calculating total sign area. Sign height. The vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and a level plane going through the nearest point of the improved public right-of-way, other than an alley. In the event a sign is equidistant from more than one improved public right-of-way, none of which are alleys, the highest point shall be used. 51 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX Sign, sandwich board (also V-shaped). Signs erected upon common or separate structures which present a V-shape appearance and having an exterior angle between faces of not more than 45 degrees with a distance between faces of such signs at their closest point not exceeding two feet. Sign structure. A structure which supports or is capable of supporting any sign as defined in this code. A sign structure may be a single pole or poles and may or may not be an integral part of a building. If a "support" is "internally or decoratively illuminated," then it is counted as a sign and must conform to this chapter. Snipe sign. A temporary sign illejially placed in the public rijiht-of-way or on a property that is not the site of the business or event or poster affixed to a tree, fence or utility pole. Special events sign. Signs that announce a civic, cultural, unique or random event. Street frontage. The length of a property line that borders a public right-of-way which provides the principal means of access. Alleys, public parking lots, emergency access and/or pedestrian easements are not generally considered as public rights -of -way for purposes of this definition. Suspended sign. A sign that is suspended beneath a canopy, ceiling, roof, or marquee. Temporary sign. Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light material with or without frames, intended to be displayed for a short period of time only and not permanently fixed to any building or structure. Traffic sign (safety sign). A sign which functions primarily to provide for the efficient, safe and orderly flow of traffic. Wall sign. A sign painted, mounted or otherwise affixed to the wall of a building or structure, parallel to the building, and confined to the limits of outside wall, which includes windows and doors. exterior of the building. The term does not include merchandise. (Ord. 98-02; Ord. 99-16, § 5, 1999; Ord. No. 2010-007, § 1, 10-25-2010; Ord. No. 2019-002, § 1, 1-28-2019) 15.20.020 Administration and enforcement. A. Except as provided herein, it shall be unlawful to display, erect, relocate or alter any sign without the property owner first filing with the Aadministrative Oofficial, as defined under section 15.01.015, a written application and obtaining a sign permit. B. When a sign permit is issued by the Aadministrative Oofficial, it shall be unlawful to change, modify, alter or otherwise deviate from the terms and conditions of said permit without prior approval of the Aadministrative Oofficial. A written record of such approval 52 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX shall be entered upon the original permit application and maintained in the files of the Aadministrative °official. C. A sign permit shall become null and void if the work for which the permit was issued has not been completed within six months of its issuance. Before such work can be recommenced, a new permit to do so shall first be obtained, and the fee shall be one-half the amount required for a new permit. D. Fees shall be set by resolution of the City Council. E. Issuance of a certificate of occupancy for each new facility using a sign for identification or advertising shall be contingent upon approval of a sign permit. F. Exceptions: 1. Painting, repainting or cleaning of a sign or the changing of copy or message thereon shall not be considered an erection or alteration which requires a sign permit, unless structural change is made. 2. Other specific exceptions are listed under signs allowed without permits. (Ord. 98-02; Ord. No. 2019-002, § 1, 1-28-2019) 15.20.021 Measurement standards. The following regulations shall control the computation and measurement of sign area and sign height: A. The sign area shall include the face of all the display area(s), the sign frame, the structural support, and any attendant construction of the sign, except as follows: 1. Structural support that is located below the sign face area and its accompanying frame, does not contain a message other than the street number in conformance with SCC $12.01.020, and is clearly distinguishable from the sign face area, shall not be considered sign area. B. For a sign that is framed, outlined, painted, or otherwise prepared and intended to provide a background for a sign display, the area of the sign shall be the area of not more than three geometric shapes that encompass the entire area of the sign including the background or frame. C. For a sign comprised of individual letters, figures, or elements on a wall or similar surface of a building or structure, or an irregular shaped freestanding sign, the area of the sign shall be the area of not more than three regular geometric shapes that encompass the perimeter of all the elements in the display. D. For freestanding and projecting signs the sign area shall be computed by the measurement of one of the faces when two display faces are joined, are parallel, or are within 30 degrees of being parallel to each other and are part of the same sign structure. For any sign that has two display surfaces that do not comply with the above regulation, or has more than two display surfaces, then each surface shall be included when determining the area of the sign. 53 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX E. The height of a freestanding sign shall be measured from the elevation of the edge of the public right-of-way immediately adjacent to, or nearest the sign structure, to the highest point of the sign, its frame, or decorative features. (Ord. No. 2019-002, § 1, 1-28-2019) 15.20.025 Requirements applicable to all signs. The following provisions shall apply in all zoning districts to all signs governed by this ordinance, subject to the specific regulations in each zoning district: A. Whenever two provisions of this code overlap or conflict with regard to the size or placement of a sign, the more restrictive provision shall apply. B. In matters of unspecified uses or clarification, the Aadministrative °official shall make determinations. C. Except when approved by the administrative official City Council for civic purposes, signs are considered an accessory use on a lot. Only signs identified under section 15.20.030 are allowed on vacant lots. D. Signs containing non-commercial speech are permitted anywhere business signs are permitted and are subject to the same regulations applicable to such signs. E. All signs, including signs heretofore installed, and the area around the base of each freestanding sign, shall be constantly maintained in a state of security, safety and repair. If any sign is found not to be so maintained or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is fastened to repair or remove the sign within five days after receiving notice from the administrative official. F. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to avoid glare or reflection of light on private or public property in the surrounding area and so as to avoid distracting pedestrians and motorists. G. In those cases where a business or institution has frontage on more than one street, signs are allowed on each street frontage, provided they are in conformance with applicable district regulations, and that frontage limits are not combined. H. The symbol, slogan or national trademark of a national brand beverage or other product that is sold on the premises shall not comprise more than 25 percent of the total area of the sign. National brand logo signs designed to hang in a window and not exceeding four square feet, and signs advertising products that form the bulk of the business transaction, are exempted from this provision. J. No sign shall be located so as to physically obstruct any door, window or exit from a building or be hazardous to a motorist's ingress and egress from any public or private parking area. K. Signs used seasonally are to be included in the total square footage of sign area allowed for that district. 54 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX L. In no case shall any portion of a sign attached to a building exceed the maximum allowable building height limit, or more than four feet above the roof line, facade or parapet height, whichever is less. M. No sign shall exceed the roofline of a building within any historic district. N. Freestanding signs are subject to the following limitations: 1. Maximum height of 20 feet or the height of the building, whichever is less; 2. One per parcel; 3. Only allowed within front yards or side yards which are adjacent to a street. O. No readerboard sign may exceed 32 square feet per side; changeable letters of such signs must be adequately secured against wind loss, and each readerboard sign must be one of the following: 1. A wall sign; 2. A marquee sign; 3. A freestanding sign within a structural framework. P. Except in the central business district (CBD) zone and along the west side of Fourth Avenue between North and South Harbor Streets, no sign, except temporary street banners, shall project into the airspace above any right-of-way or sidewalk. Projecting signs (fin or right angle signs) are subject to the following limitations: 1. One per pedestrian entrance; 2. Maximum height of 20 feet or the height of the building, whichever is less; 3. Shall not extend over a public sidewalk in excess of the width of the sidewalk; 4. Shall maintain a clear vertical distance above the nearest grade by a minimum of eight feet. (Ord. 98-02; Ord. No. 2010-007, § 1, 10-25-2010; Ord. No. 2019-002, § 1, 1-28-2019) Q. 15.20.030 Signs allowed without permits. The following signs are not subject to a permit requirement if the following standards are met. They shall be regulated by the following size and placement standards and shall not be included when calculating permitted sign area for any building or parcel. If a proposed sign exceeds the limits of this section, a sign permit must be obtained and the signage must count toward the total allowed signage for the building or parcel. A. Nameplates not exceeding two square feet and building markers; B. Standard flags and insignia of government, religious, civic, charitable, educational or philanthropic groups which can, in no way, be construed as advertising; 55 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX C. Signs identifying the historic name of a building, provided that such name is approved by the historic preservation commission and the sign does not exceed 20 square feet in size; D. Legal notices, traffic signs, information signs, historic signs or directional signs erected by government bodies and signs required by law; E. Directional signs not exceeding six square feet (directional signs contain no advertising); F Signs advertising subdivision tract developments of two or more acres, not exceeding 32 square feet and limited to one such sign per street frontage; F.G. G.14. Incidental signs not exceeding four square feet each; Notices and warning signs of not more than two square feet each in area, i.e., vacancy, no trespassing, beware of dog; H. LPoint of purchase advertising displays; L J. Structure or improvements intended for a separate use, such as, donation containers, product dispensers, trash receptacles or recycling boxes; K. Suspended signs provided they do not cxtcnd farther from the building facadc than the marquee or canopy to which they are attached, do not exceed four square feet in area, and maintain a clear distance of eight feet between the sidewalk and the sign bottom. One sign per pedestrian entrance; J. L. Signs or scoreboards on athletic fields intended for on -premises viewing; K. M. Fuel price signs not exceeding 20 square feet per sign face, with one sign allowed per abutting street right-of-way; L. N Two-sided or three -sided signs mounted on the roof of a vehicle for hire (as defined in section 8.20.010) not exceeding 14 inches in height and 39 inches in length on each side; signs on the side of said vehicle not exceeding four square feet; or a sign mounted between the bumper and the lowest level of the rear window, not exceeding 18 inches by 36 inches; M. O. Signs on vehicles, primarily and actively used for business purposes, which identify the firm or its principal product (see also section 15.20.035C.); N. P Wall and freestanding murals which are purely decorative in nature and content, and do not include advertising by picture or verbal message; O. Q7 Signs painted on or placed inside windows, as long as they do not extend beyond the first story of the building and do not block any opening required for entrance or exit from buildings; P P Temporary signs may be posted for not more than 30 days in a 180 day time period. 1. One temporary sign is allowed per property if non-commercial residential, and one for each business in commercial districts; 56 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX 2. Temporary signs may include banners and portable signs, such as sandwich boards and weighted signs, as specified in 15.20.035F., flags, or pennants; 3. Temporary signs may not exceed 4-2- 6 square feet in residential areas and 32 24 square feet in commercial or industrial districts; 4. Temporary signs referencing a date or event shall be displayed no earlier than 30 days prior to the event and must be removed within ten days following the date or event; 5. Special noncommercial event signs may be erected two weeks prior to the event. 6 Political signs not more than six square feet per sign in residential districts and 32 square feet per sign in commercial districts may be displayed no earlier than 30 days prior to any election and shall be removed within seven days following the election; provided that signs erected for any primary election that remain relevant to the following general election may be maintained for the period between elections; 7. Garage sale signs located at the site of the sale. 6. Feather signs may be allowed by mobile vendors during specific scheduled community events as determined and approved by administrative official. 7. Temporary signs posted on City property require approval by the City Manager. (Ord. 98-02; Ord. No. 2010-007, § 1, 10-25-2010; Ord. No. 2019-002, § 1, 1-28-2019) 15.20.035 Prohibited signs. Unless otherwise and specifically authorized, the following signs are prohibited in all districts: A. Any sign contrary to the provisions of this chapter; B. Signs within any sight distance triangle or right-of-way, unless otherwise authorized; C. Signs attached to, or placed on, vehicles or trailers which are parked or located for the primary purpose of displaying said sign (see also signs allowed without permits — vehicles with signs used in the normal course of business); D. Off -premises signs and/or billboards except the posting of temporary signs relating to civic events as allowed under section 15.20.030P(7) and subject to the limitations of this chapter; E. Snipe signs; F. Portable signs, except sandwich boards and weighted signs, provided that they do not exceed ten square feet per side and are located entirely on private property; G. Signs which interfere with radio and television reception; 57 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX H. Flashing and animated signs; except time and temperature; and except open signs placed inside a window; I. Any sign with incandescent lamp bulbs exposed to view, with or without internal or external reflectors; not to include neon signs as allowed in other sections of title 15; J. Banners, clusters of flags, feather signs, inflatable signs, pennants, ribbons, streamers, balloons or bubble machines, except as allowed under section 15.20.030PR.; K. Suspended strings of lights, spinners; twirlers or propellers; flashing, rotating (except barber poles) or blinking light; beacons; chasing or scintillating lights; flares, or signs containing elements creating sound; L. Abandoned signs or sign structures; M. Signs imitating or resembling a traffic -control sign, signal or device, or the light of an emergency vehicle; or which obstructs the visibility of any traffic or street sign or signal device; N. Projecting signs and freestanding signs fronting alleyways; O. Signs advertising a home occupation. (Ord. 98-02; Ord. No. 2010-007, § 1, 10-25-2010) 15.20.040 Sign standards by zoning district which require permits. All signs, except those specifically allowed without permits, shall be calculated in determining the total square footage of sign area on a parcel. A. Residential Rural residential, single-family residential, two-family residential, multi- family residential, and urban residential districts. Only the following types of signs shall be permitted in the residential zoning districts, except as provided for otherwise within this chapter and zoning code. Illumination of these signs shall be limited to indirect lighting. 1. Signage for churches, public and quasi -public institutions, including schools and municipal buildings may erect for their own use: a. One identification sign not exceeding 20 square feet in area; b. One announcement sign or bulletin board not exceeding 20 square feet in area; c. The height of any freestanding signs shall not exceed eight feet. 2. Multiple family (two- to four -unit) dwellings are allowed one sign identifying the premises, not exceeding six square feet in area, and five feet in height if freestanding. 3. Multiple family dwellings of five units or more may have one sign, not exceeding 20 square feet in area and if freestanding, not exceeding eight feet in height. B. Office residential, auto commercial, and industrial districts. 58 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX 1. For any permitted residential use, signs for such use shall conform to the requirements in subsection A. of this section. 2. For all permitted uses, or legal nonconforming uses, the combined square footage of signs shall not exceed one square foot per lineal foot of property street frontage, to a maximum of 200 square feet per parcel. 3. Signage is not allowed within side yards or attached to sides of buildings which front side yard areas, except in cases of multiple frontage lots where a side property line fronts an alley. 4. Signage fronting alleys is limited to one identification sign, not exceeding two square feet, unless a business has a customer entrance on the alley. If a business has a customer entrance on the alley, up to 25 percent of the property's total allowed signage may be reallocated, as a wall sign only, to front the alley. 5. Freestanding and projecting and marquee signs, if internally illuminated, shall not exceed 32 square feet in area per side; otherwise, a maximum of 50 square feet per side is allowed (see subsections 15.20.0251Vb or Q0. for freestanding or projecting sign limitations). C. Central business district. For all permitted or legal nonconforming uses, the following limitations shall apply: 1. Combined square footage of signs shall not exceed two square feet per lineal foot of street frontage to a maximum of 200 square feet per parcel. 2. Any portion of a property's total allowed signage may be allocated to the sides or rear of the lot at the discretion of the property owner. 3. Freestanding signs, if internally illuminated, shall not exceed 32 square feet in area; otherwise, a maximum of 50 square feet is allowed (see section 15.20.0251VL. for freestanding sign limitations). 4. Marquee or projecting signs, which project over a public right-of-way may not extend farther toward the street than the marquee or the width of the sidewalk and may not exceed 25 square feet in area (see section(s) 15.20.030K. for under marquee signs, 15.20.025QQ. for projecting signs). D. Harbor commercial district. 1. The following property frontages may be combined at one square foot per lineal foot of frontage to maximum of 200 square feet of signage per parcel: a. A street; b. The harbor basin; c. The public boardwalk; d. Where a building faces toward a street but does not abut it; or e. A public parking lot. 59 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX 2. At the discretion of the property owner, any portion of a property's total allowed signage may be allocated to the sides or rear of the lot not fronting 1.a.—e., above so long as it does not exceed one square foot per lineal foot of that property line. 3. Freestanding, projecting and marquee signs, if internally illuminated, shall not exceed 32 square feet in area per side; otherwise, a maximum of 50 square feet per side is allowed (see section 15.20.025/VE. for freestanding sign limitations). 4. Marquee or projecting signs, which project over a public right-of-way may not extend farther toward the street than the marquee or the width of the sidewalk and may not exceed 25 square feet in area (see section 15.20.030K., for under marquee signs, and section 15.20.025Q0., for projecting signs.) E. Institutional, park and resource management districts. 1. Signs for any permitted commercial and industrial uses shall conform to the requirements in subsection B. herein. 2. Signs for all other permitted uses, or legal nonconforming uses, are subject to the following limitations: a. One permanent identification sign is permitted for each premises. The area of the sign shall not exceed one square foot for each lineal foot of street frontage, provided no such sign shall exceed 40 square feet; b. No sign shall exceed eight feet in height; and c. Illumination for institutional facilities shall be restricted to indirect lighting. (Ord. 98-02; Ord. 99-16, § 5, 1999; Ord. No. 2010-007, § 1, 10-25-2010) 15.20.050 Nonconforming signs. The intent of this section is to permit the continuance of nonconforming signs until such time as they are removed, but not to encourage their perpetuation or expansion. A. Nonconforming signs are allowed to continue, subject to the following: 1. Shall not be used as grounds for adding additional nonconforming signs; 2. Shall not be structurally altered so as to change the shape, size or type of the sign, or be relocated, except into conformance with this Code; 3. Shall not be allowed to remain after the activity, business or use to which it relates has been discontinued; and 4. Must be removed if damaged in such a manner that the estimated expense of repair exceeds 50 percent of its replacement value. B. Nothing in this section shall relieve the owner or user of a nonconforming sign, or owner of the property on which the nonconforming sign is located, from the provisions of this Code regarding the safety, maintenance and repair of signs. 60 C. An illegal sign is any sign within the City limits which does not comply with the requirements of this Code or previous codes at the time the sign was erected, and which is not eligible for characterization as nonconforming. The City may immediately remove any sign located on City property or right-of-way. (Ord. 98-02) 15.20.055 Variance procedure provided. A. The commission is hereby authorized to grant special variances from the provisions of this chapter in accordance with the following restrictions: 1. To encourage the use of signs which are harmonious with Seward's scenic beauty and historic character, the commission may issue a variance for specific signs up to 1.5 times larger than provided in this chapter. Each applicant for such variance shall submit a scale drawing and a color rendering of the proposed sign(s) in relation to its surroundings. 2. A variance may be granted in harmony with the general purpose and intent of this Code by varying the application of rules, regulations or provisions so long as the spirit and benefits of this Code will be preserved. 3. The commission may vary the rules and regulations or provisions of this Code provided the commission, upon due and diligent investigation, makes specific findings that all of the following conditions have been considered: a. The variance will not constitute a grant of a special privilege inconsistent with the limitation upon signage and uses of other properties in the vicinity and zone in which the property, on behalf of which the application as filed, is located; b. That such variance is necessary because of special circumstances such as, but not limited to, health and safety or the size, shape, topography, location or surroundings of the subject property, to provide it with signage use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; c. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the subject property or improvements in the vicinity and in the zone in which the subject property is situated. 4. In granting a variance, the commission may attach thereto such conditions regarding the location, character and other features of the proposed sign as it may deem necessary to carry out the spirit and purpose of this code of moderating the size, number and obtrusive placement of signs and reduction of clutter in the public interest. B. Fees for sign variances shall be set by resolution of the City Council. (Ord. 98-02) Section 2. This ordinance shall take effect immediately upon adoption. 61 CITY OF SEWARD, ALASKA ORDINANCE 2025-XXX ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA the XX day of October, 2024. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 62