HomeMy WebLinkAboutOrd1986-557
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 557-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
AMENDING CHAPTER 6 TO INCLUDE SIGN STANDARDS
WHEREAS, the lack of a city sign code and a single reference
to signs pertaining to Seward found in the Kenai Peninsula Borough
Seward Urban District Zoning Code Section 21.78.210 is inadequate to
protect the health, safety, property, wel fare and aesthetics of a
growing community; and
WHEREAS, through the input process during the development of
the Seward Comprehensive Plan, the public has indicated that a sign
ordinance is needed; and
WHEREAS, a citizens group has volunteered to work with the
City staff and the Planning and Zoning Commision to develop a City sign
ordinance; and
WHEREAS, the Seward Advisory Planning and Zoning Commission
has spent considerable time and effort to devise a sign code ordinance
that addresses the concerns of the community;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. Seward City Code Chapter 6 Buildings is hereby
amended to add the following:
CHAPTER 6 - BUILDINGS
Section 6-11 SiQns
S 6-11.1
S 6-11.2
S 6-11.3
S 6-11.4
S 6-11.5
S 6-11.6
S 6-11.7
S 6-11.8
S 6-11.9
S 6-11.10
Purpose and Scope
Defi n iti ons
Uniform Sign Code Adopted
Sign Permit Required
Requirements Applicable to all Signs
Signs Allowed Without a Sign Permit
Prohibited Signs
Sign Standards by Zoning District
Nonconforming Signs
Variance Procedure Provided
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CITY OF SEWARD, ALASKA 4It
SIGN ORDINANCE NO. 557-S
Page 2
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Sec. 6-11.1
promote:
PURPOSE AND SCOPE: It is the purpose of this Chapter to
1. The protection of the health, safety, property, and
welfare of the citizens of Seward, and aesthetics of the community; and
2. Commercial and civic communications that accommodate the
need of the community to convey information to the public; and
3. 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; and
4. Flexibil ity and incentive for creative and innovative
sign designs; and
5. The proper maintenance of signs; and
6. Consistency with the goals and objectives of the Seward
Comprehensive Plan.
Sec. 6-11.2 DEFINITIONS: For purposes of this section, the following
definitions pertaining to signs shall apply:
Building Height - The vertical distance from the accessible
finished grade to the highest point of the coping of a flat roof, or to
the deck line of a mansard roof, or to the highest point of a pitch or
hip roof.
Directional Sign - A sign designed to direct or guide
pedestrian or vehicular traffic to a location, place or convenience.
Electrical Sign - A sign 1 it or put in motion by means of
electrical power.
Facade (False Front) - A false, superficial or
facing on a building, given special architectural treatment.
may not be part of the structural wall.
artificial
It mayor
Flashing Sign - A sign where electric illumination varies in
intensity and/or color.
Free Standing Sign (Pole. Monullent or Ground Sign) - A
permanently mounted, self-supporting sign supported from the ground by
means of poles, standards, or any other type of base.
Illullinated Sign - A sign illuminated in any manner by an
artificial light source.
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CITY OF SEWARD. AL.A
SIGN ORDINANCE NO. 557-S
Page 3
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Indirect Illumination - Use of lights which are shielded from
public view. to indirectly project illumination onto a sign which is.
itself. not internally lit.
Marquee Sign (Canopy Sign) - A sign attached to and made part
of 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.
Non-conforming Sign - Any sign which was legally erected. but
does not now conform to the regulations of this Ordinance.
Off-premise Sign (Billboard) - A sign or structure which
advertises a business. person. product. activity or service not on or
offered on the premise on which subject sign is located. also commonly
known as billboard. off-site. outdoor advertising sign.
Parapet - That portion of a building wall which extends above
the roof of the building.
Political Sign - Any poster or sign used for the purpose of
advertising promoting or endorsing a political canditate. 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 Sign. 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. Attraction Board)
face consisting of tracks to hold readily changeable letters.
frequent changes of copy.
- A sign
allowing
Real Estate Sign - A sign which is used to offer
lease. or rent the property upon which the sign is placed.
"Temporary Sign")
for sale.
(see also
roof.
Roof Sign - Any sign erected upon. against or directly upon a
Roof Line - either the edge of the roof which is the junction
of the roof and the perimeter wall of the structure. or the peak or
ridgeline. whichever forms the line of the building silhouette.
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CITY OF SEWARD, ALASKA ~
SIGN ORDINANCE NO. 557-~
Page 4
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Sight Triangle - Defined by lines connecting points as
follows: beginning at the point where the midl ine of the private
driveway or entrance or exit for a common parking area intersects the
pub 1 ic right-of-way; thence to a point thi rty-fi ve feet along the
right-of-way in the direction of approaching traffic; thence to a point
twenty-five feet toward the interior of the property at the previously
described midline; thence to the beginning (no such visability triangle
need be maintained on the side driveway entrance or exit from the
approaching traffic on the same side of the street).
Sign - Any device fixed to, painted on, or incorporated into
the building surface; displ ayed from or with 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 conveyor 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 shall be determi ned us i ng the 1 argest
sign area or silhouette visible at anyone time from anyone point.
This area does not include the main supporting sign structure; but all
other ornamental attachments, spaces, inner connecting 1 inks, etc.,
which are not part of the main supports of the sign are to be included
in determining 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 publ ic right-of-way, none of which are
alleys. the highest point shall be used.
Special Events Sign - Signs that announce a civic, cultural,
unique or random event.
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 mayor may not be an integral part of a
building. If a "support" is "internally or decoratively illuminated."
as were the now-retired "golden arches" of McDonald's. then it is
counted as a sign, and must conform to this chapter.
Temporary Sign - Any sign, banner, pennant, valance or
advertising display constructed of cloth, canvas. light fabric,
cardboard. wall board or other 1 ight materi al with or without frames.
intended to be displayed for a short period of time only.
Traffic Sign (also called Safety Sign) A sign which
functions primarily to provide for the efficient, safe and orderly flow
of traffic.
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CITY OF SEWARD, A.A
SIGN ORDINANCE NO. 557-S
Page 5
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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.
Window Sign - all signs located inside and affixed to or
within three feet of windows of a building, whether temporary or
permanent, lighted or unlighted, which may be viewed from the exterior
of the builidng. The term does not include merchandise.
Sec. 6-11.3 UNIFORM SIGN CODE ADOPTED. The Uniform Sign Code, 1985
edition, as recommended and approved by the International Conference of
Bu il ding Offic i al s of Wh itti er, Cali forn i a, is hereby des ignated and
shall be incorporated in the Seward Sign Code and shall consititute the
laws of the City relating to sign regulation. Although not published
in full in this chapter, all of the provisions of the Uniform Sign Code
shall be and are hereby adopted by reference to the same extent as if
set forth in full herein, except to the extent that the Uniform Sign
Code shall be in conflict with this chapter or any relevant ordinance
later adopted, in which case the provisions of the ordinance shall
prevail.
The City Clerk is directed to keep on file at lease three (3) copies of
the Uniform Sign Code, 1985 edition, for publ ic use, inspection and
examination.
It shall be unl awful for any person to erect, construct, enl arge,
alter, move, improve, convert, or equip any sign or sign structure in
the city, or cause or permit the same to be done, contrary to or in
violation of any of the provisions of the Uniform Sign Code adopted and
incorporated within the Seward Sign Code by this section.
Sec. 6-11.4 SIGN PERMIT REQUIRED: Except as provided herein, it
shall be unlawful to display, erect, relocate or alter any sign without
first filing with the building official a written application and
obtaining a sign permit.
(a) Permit applications shall contain the name, address and phone
number of the owner and user of the sign, the name and address of the
owner of the property on which the sign is to be located, the location
of the sign structure, drawings or photographs showing the design. and
dimensions of the sign and details of its proposed placement, and such
other pertinent information as the administrator of this Code may
require to insure compliance with this Code and other applicable
ordinances. Upon request, permit appl ications shall be available for
inspection by the public.
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CITY OF SEWARD, AL"'A
SIGN ORDINANCE NO. 557-S
Page 6
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(b) When a sign permit is issued by the building official, it
shall be unlawful to change, modify, alter or otherwise deviate from
the terms and conditions of said permit without prior approval of the
building official. A written record of such approval shall be entered
upon the original permit application and maintained in the files of the
building 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 (6)
months of its issuance. Before such work can be recommenced, a new
permit to do so shall be first 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 facil ity
using a sign for identification or advertising shall be contingent upon
approval of a sign permit.
(f) Exceptions:
(1) Painting, repainting or cleaning of an advertising
structure or the changing of advertising 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 in Section 6-11.6
Permitted Siqns.
Sec. 6-11.5 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) Except when approved by City Council for civic purposes,
signs are considered an accessory use on a lot.
(b) All signs, including signs heretofore installed, and the area
around the base of each free-standing 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 sign code
administrator.
(c) Except in the General Commercial (downtown) Zone and that
part 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.
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CITY OF SEWARD, AL"'A
SIGN ORDINANCE NO. 557-S
Page 7
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(d) Conflicting Provisions. 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.
(e) 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.
(f) 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 code and that
frontage limits are not combined.
(g) The symbol, slogan or national trademark of a national brand
beverage or other product shall not comprise more than twenty-five
(25%) percent of the total area of a sign. National brand logo signs
designed to hang in a window and not exceeding four (4) square feet are
excepted from this provision.
(h) No sign shall be located so as to physically obstruct any
door, window or exit from a building. No sign shall be located so as
to be hazardous to a motorist's ingress and egress from parking areas
of any way open to the public.
(i) In no case shall any portion of a sign attached to a building
exceed the maximum allowable building height limit, or more than four
(4) feet above the roof 1 ine, facade or parapet height, whichever is
less, and no free-standing sign shall exceed twenty (20) feet in
height.
(j) In matters of unspecified
administra- tive official or the Seward
Commission shall make determinations.
uses or clarification, the
Advisory Planning and Zoning
(k) Signs used only during the tourist season are to be included
in the total square footage of sign area allowed for that district.
(1) No readerboard sign may exceed thirty-two (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 free-standing sign within a structural framework.
Each vertical member of the framework shall not be less than five (5)
inches in width or diameter.
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CITY OF SEWARD, ALAA
SIGN ORDINANCE NO.~7-S
Page 8
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Sec. 6-11.6 SIGNS ALLOWED WITHOUT PERMITS. The following signs or
displays are allowed in all districts, without a sign permit, provided
they otherwise conform to this ordinance and the district regulations.
(a) Signs not exceeding approximately two (2) square feet in area
and bearing only property numbers, post box numbers or names of
occupants of the premises.
(b) Standard fl ags and insignia of government, rel igious, civic,
charitable, educational or philanthropic groups which can in no way be
construed as advertising.
(c) Legal notices, traffic signs, information signs, historic
signs or directional signs erected by government bodies.
(d) Signs required by law.
(e) Directional signs not exceeding six (6) square feet per side
in surface area.
(f) A sign advertising the sale, lease or rental of a premise,
provided it is not artificially illuminated and is of a temporary
nature, with a maximum area on one side of six (6) square feet, in
residential areas and 32 square feet in commercial and industrial
districts.
(g) Signs advertising subdivision tract development or
residential projects containing two or more acres, provided not more
than two signs, not exceeding 32 square feet each in surface area, may
be erected at 1 east 20 feet from any pub 1 ic right-of-way and 10 feet
from any side or rear lot lines of adjOining property.
(h) Political signs up to 4 square feet per sign may be displayed
in any zone, except on public property or rights-of-way. Such signs
may be displayed only for 30 days prior to any primary or general
election, and the signs shall be removed within two weeks following the
relevant election; provided that signs erected for any primary election
that remain relevant to the following general election may be
maintained for the period between the elections. If, after reasonable
notice, such signs are not so removed, the City may remove them, and
the candidate, organization, or person who caused the sign to be
erected may be charged for said removal. Any candidate or
organization wishing to display pol itical signs must first register
with the City Clerk.
(i) Construction signs erected during construction, repair or
al terat ion of a structu re may denote the architect, engi neer,
contractor, builder and/or name of the structure and its use or
occupants, provided the sign shall be 32 square feet or less in size,
and not more than one such sign shall be permitted on each street
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CITY OF SEWARD, AL"'A
SIGN ORDINANCE NO. 557-S
Page 9
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frontage. Temporary, private, ground or wall signs exclusively
relating to the public safety (e.g. "No Parking Today," "Use Covered
Walkway," "Do Not Enter," "Danger," "Loading Zone") may be located as
needed without limitation as to number, size or locations so far as the
requ i rements of thi s chapter are concerned. All construct ion signs
shall be removed when the construction is completed.
(j) Temporary signs, subject to the following limitations.
(1) Signs of business, such as itinerant merchants,
temporarily occupying a site. Such signs may be posted for not more
than fourteen (14) days within any ninety (90) day period, and must be
removed no more than twenty-four (24) hours after the event terminates.
(2) Special commercial event or sale signs of permanent
businesses. Such signs, inlcuding window signs, may be posted for not
more than thirty (30) days within a ninety (90) day period.
(3) Special non-commercial event signs and banners. Such
signs and banners, provided they are removed not later than two (2)
weeks after the event, are considered temporary and require no permit.
(k) Signs that are not visible from a public right-of-way.
(1) Informational or incidental signs, not exceeding four (4)
square feet each, such as credit cards accepted, affiliations, hours of
operation, or similar information intended to assist the public and
convey no advertising matter.
(m) Religious symbols, gravestones, tablets of not more than two
square feet denoting a building cornerstone founding, or holiday
decorations appropriately displayed not advertising a product, service
or entertainment.
(n) Notices and warning signs of not more than two (2) square
feet each in area, i.e., vacancy, no trespassing, beware of dog.
(0) Point of purchase advertising displays such as product
dispensers.
(p) Sandwich-board signs worn by a person while walking the
public ways of the city.
(q) Structures or improvements intended for a separate use, such
as phone booths, donations containers or recycling boxes.
(r) Attached or suspended under-marquee signs p rovi ded they do
not extend further from the building facade 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 (8) feet between the sidewalk and
the sign bottom. One sign per pedestrian entrance.
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CITY OF SEWARD, AL.A
SIGN ORDINANCE NO. 557-S
Page 10
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(s) Signs or score boards on athletic fields intended for
on-premise viewing.
(t) Small signs displayed for the direction or convenience of the
pub1 ic, including signs which identify restrooms, pub1 ic telephones,
freight entrances or the 1 ike with a total sign area not to exceed 2
square feet.
(u) Fuel price signs not exceeding 20 square feet per sign face,
with one sign allowed per abutting street right-of-way.
(v) National brand logos on gasoline pumps.
Sec. 6-11.7 PROHIBITED SIGNS. Unless otherwise and specifically
authorized, it shall be unlawful to erect or maintain:
(a) All signs contrary to the provisions of this ordinance.
(b) Signs within any sight distance triangle or right-of-way,
unless otherwise authorized.
(c) Signs attached to, or placed on, a vehicle or trailer. This
provision shall not be construed as prohibiting the identification of a
firm or its principal product directly on a vehicle operated during the
normal course of business, nor as prohibiting signs on vehicles which
constitute the place of business, e.g., caterers or itinerant merchants.
(d) Off-premise signs and/or
pub 1 ic i ze an act i vity not conducted
sign is main- tained. This shall
business or institution from posting
events.
billboards which advertise or
on the premises upon which such
not be construed to prohibit a
temporary signs relating to civic
(e) Any private sign, temporary or otherwise, affixed to a
utility pole.
(f) Any portable outdoor signs.
(g) A sign which utilizes electrical equipment or electrical
apparatus of any kind which causes interference with radio and
television reception. Whenever interference is caused by an
unfiltered, improperly filtered, or otherwise defective sign, or by any
other electrical device or apparatus connected to the sign, the
building official shall order the sign discon- nected until the sign is
brought into conformance.
(h) Any sign with any illuminating devices having a changing
light intensity, or which create an appearance or illusion of writing,
printing or animation.
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CITY OF SEWARD, AL"'A
SIGN ORDINANCE NO. 557-S
Page 11
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(i) Any sign with incandescent lamp bulbs exposed to view, with
or without internal or external reflectors.
(j) Banners, clusters of flags, pennants, ribbons, streamers,
balloons or bubble machines. Except where used for a special limited
event, such as a festival or grand opening, in which case they may be
erected no more than two (2) weeks prior to the event and shall be
removed no later than two (2) weeks after the event. (See Sec.
6-11.6(b) )
(k) Suspended strings of lights, spinners; twirlers or
propellers; flashing, rotating (except barber poles) or blinking
lights; beacons; chasing or scintillating lights; flares or similar
devices of a garrish or carnival nature, or containing elements
creating sound.
(l) Signs identifying, or window signs advertising, activities,
products, businesses or services which have been discontinued for more
than 90 days on the premises upon which the signs are located, except
seasonal businesses.
(m) Signs which, by reason of their size, location, movement,
content, coloring or manner of illumination may be confused with or
construed as a traffic control sign, signal or device, or the light of
an emergency vehicle; or which obstruct the visibility of any traffic
or street sign or signal device.
(n) Projecting
all eyways.
signs
and
free-standing
signs
fronting
(0) Any free-standing sign or sign exceeding the roof line of a
building within any historic district.
Sec. 6-11.8 SIGN STAII>AII>S BY ZONING DISTRICT.
(a) SiQns in Residential Zones RequirinQ a Permit.
(1) Churches, public and quasi-public institutions,
including schools and municipal buildings may erect for their own use
one identifica- tion and one announcement sign or bulletin board, each
not exceedi ng 20 square feet in area, and, if free-standi ng, not
exceeding 8 feet in height.
(2) Multiple-family (2-4 unit) dwellings, boarding and
lodging houses may have one opaque sign identifying the premises, and
not exceeding 6 square feet in surface area or 5 feet in height if
free-standing.
(3) Multiple family dwellings of 5 units or more, and other
permitted, conditional, or legal nonconforming uses may have one opaque
sign, not exceeding 20 square feet in surface area and, if
free-standing, not exceeding 8 feet in height.
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CITY OF SEWARD, AL"'A
SIGN ORDINANCE NO. 557-S
Page 12
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(4) Illumination shall be limited to indirect lighting.
(b) Signs in Light Commerci al, Harbor Commerc i a 1 and Industri a 1
Zones.
(1)
cond1tionally,
ab ove sect i on.
For any residential use permitted outright or
signs for such shall conform to the requirements in the
(2) For all permitted or conditionally permitted uses,
or legal nonconforming uses, the following limitations apply:
(a) Free-standing, projecting and marquee signs, if
internally illuminated, shall not exceed thirty-two (32) square feet in
area per side; otherwise, a maximum of fifty (50) square feet per side
is allowed.
(b) Combined square footage of signs shall not exceed
forty (40) square feet, or one (1) square foot per lineal foot of
property street frontage, to a maximum of two hundred (200) square
feet, whichever is greater.
(c) Free-standing signs may not exceed 20 feet in
height.
(c) Signs in the General Commercial (downtown) Zone.
(1) For all perm1tted or conditionally permitted uses, or
legal nonconforming uses, the following limitations shall apply:
(a) Free-standing signs shall not be internally
illuminated and shall not exceed 20 feet in height or the height of the
building, whichever is less (see 6-11.7(0)).
(b) Projecting signs are allowed only over marquees.
Marquee signs and projecting signs may not extend further toward the
street than the marquee and may not exceed 25 square feet in area per
side. (See Sec. 6-11.6(r) for under marquee signs.)
(c) Combined square footage of signs shall not exceed
two square feet per lineal foot of street frontage.
(d) Signs in Public Zones Requiring a Permit.
(1) For any commercial and industrial uses perm1tted
outright or conditionally, signs for such shall conform to the
requirements in Section 6-11.8(b) above.
(2) For all other permitted or conditionally permitted uses,
or legally nonconforming uses, the following limitations apply:
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CITY OF SEWARD, AL"'A
SIGN ORDINANCE NO.~7-S
Page 13
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(a) One (I) permanent identification sign is permitted
for each premises. The area of the sign shall not exceed one (1)
square foot for each 1 ineal foot of street frontage, provided no such
sign shall exceed forty (40) square feet. No such sign shall exceed
eight (8) feet in height.
(b) Illumination for institutional facilities shall be
restricted to indirect white lighting.
Sec. 6-11.9 NONCON'"O~ING SIGNS.
(a) The intent of these regulations is to permit continuance of
nonconforming signs until such time as they are moved, but not to
encourage their perpetuation or expansion. It is the further intent of
this Ordinance that non-conformities shall not be used as grounds for
adding additional nonconforming signs.
(I) An existing sign, if it was lawful at the effective date
of this Code, may continue, although such use does not conform to the
regula- tions contained herein.
(2)
as to change
nonconformi ng
code.
No nonconforming sign shall be structurally altered so
the shape, size or type of the sign, nor shall any
sign be relocated, except into conformance with this
(3) No nonconforming sign shall be allowed to remain after the
activity, business or use to which it relates has been discontinued.
(4) If a nonconforming sign is damaged in such a manner that
the estimated expense of repair exceeds fifty (SO%) percent of its
replacement value, the sign shall not be allowed to remain and must be
removed.
(S) 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.
(6) Portable signs shall not be located in any district
after July 1, 1986.
(b) An illegal sign is any sign which does not comply with the
requirements of this Code or previous codes at the time the sign was
erected, within the city limits, and which is not eligible for
characterization as nonconforming. The City may immediately remove any
sign located on City property or right-Of-way.
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CITY OF SEWARD, AL.A
SIGN ORDINANCE NO. 557-S
Page 14
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Sec. 6-11.10 VARIANCE PROCEDURE PROVIDED. The Seward Advisory
Planning and Zoning Commission shall have the jurisdiction to grant
special variances from the provisions of this Section where it is
found, upon presentation of adequate proof, that compliance with any
provision of this chapter will result in an arbitrary and unreasonable
taking of property or in the practical closing or el imination of any
lawful business, or a substantial financial hardship or inequity, in
any case without sufficient corresponding benefit or advantage to the
City and its citizens in terms of accompl ishing the purposes of this
section as set forth herein. The Commission is hereby authorized to
grant such variances in accordance with the following restrictions:
(a) To encou rage the use of signs which are harmon i ous with
Seward's scenic beauty and historic character, the Seward Advisory
Planning and Zoning Commission may issue a variance for specific signs
up to 1.5 times larger than provided in this Ordinance. Each applicant
for such variance shall submit a scale drawing and a color rendering of
the proposed sign(s) in relation to its surroundings. Variance fees
and conditions for such signs may be waived.
(b) A variance may be granted in harmony with the general
and intent of this Code by varying the application of
regulations or pro- visions so long as the spirit and benefits
code will be preserved.
pu rpose
rul es,
of thi s
(c) The Commission shall not vary any of the rules, regul ations
or provisions of this Code unless the Commission, upon due and diligent
investigation shall make specific findings that all of the following
conditions exist in such cases:
(1) The variance will not constitute a grant of special
privilege inconsistent with the 1 imitation 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;
(2) That such variance is necessary because of special
circum- stances such as 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;
(3) That the granting of such variance will not be
materially detrimental to the public welfare or injurious to the
property or improvements in the vicinity and in the zone in which the
subject property is situated.
.
.
.
CITY OF SEWARD, ALAA
SIGN ORDINANCE NO"~7-S
Page 15
.
(d) 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 necesssary 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.
(e) Fees for sign variances shall be set by resolution of the
City Council.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD. ALASKA,
thi s 28 day of April . 1986.
CITY OF SEWARD. ALASKA
~~ -.6',,,<1':
HAR . GIESELER
MAY
AYES:
NOES:
ABSENT:
ABSTAIN:
BOOHER, GIESELER, GILLESPIE, HILTON, SCHOLL & SIMUTIS
NONE
MEEHAN
NONE
ATTEST:
APPROVED AS TO FORM:
HUGHES. THORSNESS. GANTZ.
POWELL AND BRUNDIN
Attorneys for City of Seward.
Alaska
7~ fl;f~
Fred B. Arvidson
City Attorney
(City Seal)
.
.
.
CITY OF SEWARD, AL~A
SIGN ORDINANCE NO. SS7-S
Page 16
Introduced By:
Introduction Date:
First Pub l1c
Heari ng Date:
Second Hearing:
Remanded Back
to P&Z:
Third PH and
Enactment:
City ManaQer
02/24/86
.
03110/86
03/24/86
04/02/86 (Public Hearing & Revisions)
04/28/86