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HomeMy Public PortalAboutOrd. 922 - SignsORDINANCE NUMBER 922 AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE TITLE 3 CHAPTER 9 SIGNS AND IN PARTICULAR SECTIONS 3.9.02 BY CHANGING THE DEFINITIONS FOR POLITICAL SIGNS AND SIGNS, AND ADDING A NEW DEFINITION FOR WAYFINDING SIGN; 3.9.03(A)(C)(D)(E) SIGN STANDARDS FOR ALL ZONES TO PROVIDE FOR CERTAIN SIGNS IN MIXED USE DEVELOPMENTS AND APARTMENTS, WAYFINDING SIGNS, CHANGEABLE SIGNS, REGULATION OF LOCATION AND SIZE OF SIGNS IN ALL ZONES; IN 3.9.04 REGULATING THE SIZE OF WINDOW SIGNS; IN 3.9.05(B) TO DELETE SEPARATE REGULATIONS FOR INSTITUTION SIGNS, AND TO BETTER DEFINE PROHIBITED VEHICLE SIGNS, AND LIMITING THE NUMBER OF FLAGS OTHER THAN UNITED STATES, STATE OR OTHER NATIONS AND ELIMINATING MENU BOARDS AS A SEPARATE REGULATED SIGN TYPE; IN 3.9.06(A)(1) AMENDING THE PROVISIONS FOR NONCONFORMING SIGNS; IN 3.9.07(F)(K) AMENDING THE EXCEPTIONS FROM PROHIBITED SIGNS; IN 3.9.08(B) PROVIDING FOR HALO LIGHTED SIGNS; IN 3.9.081(F) TO REGULATE NEON SIGNS; IN 3.9.09(A)(3)(4) TO CLARIFY WHAT ADDITIONAL PERMITS ARE REQUIRED BESIDES SIGN PERMITS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an application for approval of zoning ordinance amendments, pursuant to MCC 1- 1-3, was submitted by the City of McCall on January 10, 2014; and WHEREAS, the McCall Area Comprehensive Plan (2007) includes an objective that states, "Assistance to existing and new businesses is one of the highest priority actions the City can take to protect and nurture the economic base;" and WHEREAS, City staff has identified that businesses would benefit from additional methods to visually advertise sales and special events; and WHEREAS, City staff recognizes a need to align the City of McCall and McCall Impact Area sign regulations with current enforcement priorities; and WHEREAS, City staff provided an online survey for community input regarding the existing sign regulations and possible changes from June 24, 2013 to December 31, 2013 and received 62 responses; and WHEREAS, the McCall Area Planning and Zoning Commission held a public open house to gain community input on possible changes to the sign code on July 9, 2013; and WHEREAS, the McCall Area Planning and Zoning Commission held a properly noticed and regularly scheduled public hearing on February 4, 2014 to consider these proposed zoning ordinance amendments; and Page 1 of 22 Ord. 922 Signs May 22, 2014 WHEREAS, at its February 4, 2014 meeting the McCall Area Planning and Zoning Commission recommended this proposed zoning ordinance amendment for approval by the McCall City Council and Valley County Board of Commissioners; and WHEREAS, the City Council held a properly noticed and regularly scheduled public hearing on May 8, 2014 and continued the hearing on May 22, 2014 to consider the proposed zoning ordinance amendments; and WHEREAS, the zoning ordinance amendments were approved by the McCall City Council at a regularly scheduled and properly noticed public meeting on May 22, 2014. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, AS FOLLOWS: Section 1: McCall City Code Title 3 Chapter 9: SIGNS is amended to read as follows: 3.9.01: PURPOSE: Signage is a significant design element affecting the visual quality and therefore the viability of commercial activity and quality of life in residential areas, as well as the directional needs of cars and people. Signs not only enhance and define the architecture, but support the intended function of the business being advertised or other important information. Because they are publicly viewed, signs can either add or detract from the community character. Therefore, the purpose of this chapter is: (A) To establish standards to regulate all exterior signs so as to protect the health, safety and general welfare of residents and visitors. (B) To regulate the sizes, location, character and other pertinent features of all exterior signs in the planning jurisdiction. (C) To reduce undue and confusing competition between signs. (D) To prevent conflicts and confusion between advertising signs and traffic control signs or signals. (E) To prevent possible harm from outdoor signs suspended from or placed on top of structures and otherwise erected above the ground and especially where susceptible to high winds and/or ice fall. (F) To preserve the small town character of the community. 3.9.02: DEFINITIONS: The following words and terms shall, for the purpose of this chapter and as used elsewhere in this code, have the meanings shown herein. Page 2 of 22 Ord. 922 Signs May 22, 2014 ABANDONED SIGN: A sign structure that has ceased to be used and the owner intends no longer to have used, for the display of sign copy, or as otherwise defined by state law. ANIMATED SIGN: A sign employing actual motion or the illusion of motion. "Animated signs", which are differentiated from "changeable signs" as defined and regulated by this code, include the following types: (A) Electrically Activated: Animated signs producing the illusion of movement by means of electronic, electrical, or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below: 1. Flashing: Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non -illumination. For the purposes of this chapter, flashing will not be defined as occurring if the cyclical period between on -off phases of illumination exceeds four (4) seconds. 2. Patterned Illusionary Movement: Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion. (B) Environmentally Activated: Animated signs or devices motivated by wind, thermal changes, or other natural environmental input; includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation. (C) Mechanically Activated: Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means. ARCHITECTURAL PROJECTION: Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, but that does not include signs as defined herein. See also definitions of Awning; Backlit Awning; Canopy (Attached); and Canopy (Freestanding). AWNING: An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable, including such structures that are internally illuminated by fluorescent or other light sources. AWNING SIGN: A sign displayed on or attached flat against the surface or surfaces of an awning. See also definition of Wall or Fascia Sign. Page 3 of 22 Ord. 922 Signs May 22, 2014 BACKLIT AWNING: An awning with a translucent covering material and a source of illumination contained within its framework. BANNER: A flexible substrate on which copy or graphics may be displayed. BANNER SIGN: A sign utilizing a banner as its display surface. BILLBOARD: See definition of Outdoor Advertising Sign. CANOPY (ATTACHED): A multisided overhead structure or architectural projection supported by attachments to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light. See also definition of Marquee. CANOPY (FREESTANDING): A multisided overhead structure supported by columns, but not enclosed by walls. The surface and or soffit of a freestanding canopy may be illuminated by means of internal or external sources of light. CANOPY SIGN: A sign affixed to the visible surface(s) of an attached or freestanding canopy. CHANGEABLE SIGN: A sign with the capability of content change by means of manual or remote input, including signs which are: (A) Electrically Activated: Changeable sign whose message copy or content can be changed by means of remote electrically energized on -off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light -emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also definition of Electronic Message Sign or Center. (B) Manually Activated: Changeable sign whose message copy or content can be changed manually. COMBINATION SIGN: A sign that is supported partly by a pole and partly by a building structure. COPY: Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, excluding numerals identifying a street address only. DEVELOPMENT COMPLEX SIGN: A freestanding sign identifying a multiple -occupancy development, such as a shopping center, business park or planned industrial park, which is controlled by a single owner or landlord, approved in accordance with section 3.9.03 of this chapter. Page 4 of 22 Ord. 922 Signs May 22, 2014 DIRECTIONAL SIGN: Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic. DOUBLE FACED SIGN: A sign with two (2) faces, back to back. ELECTRIC SIGN: Any sign activated or illuminated by means of electrical energy. ELECTRONIC MESSAGE SIGN OR CENTER: An electrically activated changeable sign whose variable message capability can be electronically programmed. EXTERIOR SIGN: Any sign placed outside a building. FASCIA SIGN: See definition of Wall or Fascia Sign. FLASHING SIGN: See definition of Animated Sign, Electrically Activated FREESTANDING SIGN: A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles or braces placed in or upon the ground. FRONTAGE (BUILDING): The length of an exterior building wall or structure of a single premise oriented to the public way (street) or other properties that it faces. FRONTAGE (PROPERTY): The length of the property line(s) of any single premises along either a public way or other properties on which it borders. GROUND SIGN: See definition of Freestanding Sign. IDENTIFICATION SIGN: Owner or proprietor, business name, address, phone number, hours of operation, etc. Maximum letter size is four inches (4") height. ILLUMINATED SIGN: A sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated); or reflecting off its surface(s) (externally illuminated). IMPOUNDED SIGN: A sign which has been collected by the city as a result of legal action. INTERIOR SIGN: Any sign placed within a building, but not including "window signs" as defined in this section. "Interior signs", with the exception of "window signs" as defined in this section, are not regulated by this chapter. MANSARD: An inclined decorative rooflike projection that is attached to an exterior building facade. MARQUEE: See definition of Canopy (Attached). Page 5 of 22 Ord. 922 Signs May 22, 2014 MARQUEE SIGN: See definition of Canopy Sign. MENU BOARD: A freestanding sign for a restaurant that advertises the menu items available and which has no more than twenty percent (20%) of the total area for such a sign utilized for business identification. MULTIPLE -FACED SIGN: A sign containing three (3) or more faces. OFF PREMISES SIGN: See definition of Outdoor Advertising Sign. Off premises signs do not include directional signs, traffic control devices, or jurisdictional limit signs. ON PREMISES SIGN: A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed. OUTDOOR ADVERTISING SIGN: A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed, but not including directional signs, traffic control signs or devices, or jurisdictional limit signs. PARAPET: The extension of a building facade above the line of the structural roof. POLE SIGN: See definition of Freestanding Sign. POLITICAL SIGN: A temporary sign intended to advance a political statement, cause, or candidate for office. A legally permitted outdoor advertising sign shall not be considered to be a politic -al -sign, PORTABLE SIGN: Any sign not permanently attached to the ground or to a building or building surface. PROJECTING SIGN: A sign other than a wall sign that is attached to or projects more than eighteen inches (18") from a building face or wall or from a structure whose primary purpose is other than the support of a sign. REAL ESTATE SIGN: A temporary sign advertising the sale, lease or rental of the property or premises upon which it is located. REVOLVING SIGN: A sign that revolves three hundred sixty degrees (360°) about an axis. See also definition of Animated Sign, Mechanically Activated. ROOF SIGN: A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building. Signs mounted on mansard facades, pent eaves and architectural projections such as canopies or marquees shall not be considered to be roof signs. For a visual Page 6 of 22 Ord. 922 Signs May 22, 2014 reference, and a comparison of differences between roof and fascia signs, see figure 3.9.02 in this section. ROOFLINE: The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet. SIGN: Any device visible from a public place that displays either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. les or staffs will not be considered to be signs. SIGN AREA: The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double sided or "V" shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple -sided signs shall be computed as fifty percent (50%) of the sum of the area of all faces of the sign. SIGN COPY: Those letters, numerals, figures, symbols, logos, and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only. SIGN FACE: The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. (A) In the case of panel or cabinet type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets. (B) In the case of sign structures with routed areas of sign copy, the sign face shall include the entire area of the surface that is routed, except where interrupted by a reveal, border, or a contrasting surface or color. (C) In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the same building or structure. (D) In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background, or within the painted or illuminated border. SIGN, LIGHTING DEVICE: Any light, string of lights or group of lights located or arranged so as to cast illumination on a sign. Page 7 of 22 Ord. 922 Signs May 22, 2014 SIGN STRUCTURE: Any structure supporting a sign. TEMPORARY SIGN: A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs. UNDER CANOPY SIGN OR UNDER MARQUEE SIGN: A sign attached to the underside of a canopy or marquee. V SIGN: Signs containing two (2) faces of approximately equal size, erected upon common or separate structures, positioned in a "V" shape with an interior angle between faces of not more than ninety degrees (90°) with the distance between the sign faces not exceeding five feet (5') at their closest point. WALL OR FASCIA SIGN: A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than eighteen inches (18") from the building or structure wall, including signs affixed to architectural projections from a building, provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. For a visual reference and a comparison of differences between wall or fascia signs and roof signs, see figure 3.9.02 in this section. WAYFINDING SIGN: A wayfinding sign advertises publically accessible facilities remote from the sign location and provide general descriptions of facilities or commercial areas, but shall not advertise specific business names. These sings may be located on public or private property. WINDOW SIGN: A sign affixed to the surface of a window with its message intended to be visible to and readable from the public way or from adjacent property. Page 8 of 22 Ord. 922 Signs May 22, 2014 Figure 3.9.02 Roof And Fascia Signs 2.A.GpT LL'LM FASCIA Sif'NS t]h RrX71;-I.i K I: PROJECTIONS u. met, 3.9.03: SIGN STANDARDS BY ZONE: (A) General Standards Applicable To All Zones: 1. Sign Standards: The following sign standards by zone are intended to include every zone in the planning jurisdiction. The zones are as defined by this title. Only signs as described herein and as may be described under sections 3.9.04, "Temporary Signs", and 3.9.05, "Exempt Signs", of this chapter, will be permitted in each particular zone. The area of a sign shall be computed; if a sign includes silhouette designs or letters, whether cut out of the interior of a background, or projecting beyond the edges of a background, or freestanding, the area of the sign Page 9 of 22 Ord. 922 Signs May 22, 2014 shall be computed to include the square footage of a rectangle that would enclose such designs. For example, should a sign that is attached flat against a building that is three feet (3') on a side (9 square feet) have a pine tree silhouette attached to and extending above it, such tree being one foot (1') wide at the widest and two feet (2') tall, then the one foot by two foot (1' x 2') rectangle which could enclose that tree shall be added to the nine (9) square feet of the rest of the sign of which it is a part for a total of eleven (11) square feet, notwithstanding that some of that area in fact includes space around the tree. Additionally, in calculating the size of a two (2) sided sign, only one side is counted. 2. New Zone Created: If a new zone is created after March 16, 2006, no signs shall be permitted therein until this chapter shall be amended to include such zone. 3. Development Complex Sign: For traffic operations, emergency response, and land use compatibility, the city may require that a development complex sign be placed at the entrance(s) of a planned unit development or large., subdivision, mixed use development, apartment building, shopping center, or industrial park; each sign shall not exceed an area of fifty (50) square feet and is subject to the other requirements of this chapter. 4. Wayfinding Signs: Outde,., advertisi , . Wayfinding signs may be permitted by the administrator when used to advertise publicly accessible feereatienal facilities remote from the sign location. Wayfinding signs may provide general descriptions of facilities or commercial areas, but shall not advertise specific business names. Such signs should be designed to include one or more such facilities located in the same area. These signs may be located on public property, with the permission of the jurisdictional authority, or private property, with the permission of the owner, such location to be approved by the administrator. The maximum sign area is five (5) square feet. 5. Illumination: Illumination of signs is permitted but in accordance with the restrictions specified in section 3.9.08 of this chapter. 6. Changeable Signs: (a) Wooden -framed permanent structure up to fifteen (15) sq. ft. that will allow for interior banners or similar material to be changed to advertise special events, sales, or other promotions. (b) A Conditional Use Permit is required for signs with individual changeable letters. No more than fifty percent (50%) of any given sign face may include a space for changeable letters. Permitted changeable signs shall be of a high quality, and the letters used on such signs shall be of a durable material such as Lexan® or acrylic Page 10 of 22 Ord. 922 Signs May 22, 2014 plastic, with a minimum thickness of 0.08 inches and a height not to exceed nine inches (9"). Messages are to be non -scrolling. (B) Residential Zones: 1. General: The regulations and specifications set forth herein shall apply to the agriculture and forest (AF); rural residential (RR); residential estate (RE); R1, R4, R8, and R16 zones. 2. Size: One sign not exceeding two (2) square feet in area shall be permitted per dwelling unit. For multiple dwellings per platted lot, one or more additional signs totaling twelve (12) square feet in area shall be permitted. 3. Location: Permitted signs may be anywhere on the premises, except that they may not project beyond any property line and except that, if freestanding, the top shall be not over five feet (5') above the ground; and, if building mounted, shall be flush mounted, shall not be mounted on any roof of the building, and shall not project above the eaves line. 4. Content: Signs allowed in residential zones are normally used for identification and directional purposes. The additional sign area permitted for multiple dwellings shall be only for identification of the building. See also subsection 9.6.02(R) of this code for address numbers. (C) Commercial Zones: Ord. 922 Signs May 22, 2014 1. General: The regulations and specifications set forth herein shall apply to the civic use (CV), neighborhood commercial (NC), community commercial (CC), and central business district (CBD) zones. 2. Size: (a) A total sign area of one and one-half (11/2) square feet for each linear foot of building frontage or one-half (1/2) square foot for each linear foot of property frontage, whichever results in the larger sign area, but the maximum total area of all permitted signs for any establishment shall not exceed one hundred (100) square feet. All window signs shall be included when calculating total permitted square footage. Interior signs are not to be included in area calculations. (b) Building frontage shall be measured along a horizontal plane from one end of the building to the other along the street which the sign faces. (c) Where frontage is on more than one street, the allowable size of signs facing one of those streets shall be based on the frontage of the building or property facing that street. Page 11 of 22 3. Location: (a) Signs may be wall or fascia signs and located anywhere on the surface of the building. (b) Signs may be projecting signs only if, under the applicable zoning, there is no building setback, and then may project six feet (6') or less beyond the street property line, but no closer than two feet (2') to a curb line, and must have a minimum clearance of eight feet (8') above the curb line and public sidewalk, and fifteen feet (15') above driveways or alleys. (c) When a projecting sign is closer than twelve feet (12') to a corner of the property, its projection shall be no more than a distance equal to one- half (1/2) the horizontal distance from the sign to that corner. (d) Except in the CBD, Wwhere a building does not cover the full area of the property; a sign may be freestanding and may be located anywhere back of the street setback lines. The top of such a sign may extend up to ten feet (10') above the average ground level at the base of the sign. (e) Signs may be on the vertical faces of marquees and may project below the lower edge of the marquee not more than twelve inches (12"). The bottom of marquee signs shall be no less than eight feet (8') above the sidewalk or grade at any point. No part of the sign shall project above the vertical marquee face. (f) Signs shall not project above the roofline or roof peak (highest elevation). (g) Signs shall not be located on any property which is not the site of the subject of the information on the sign; e.g., a sign advertising a business may only appear on the same lot or parcel of real estate that is the location of the business (except, see subsection (A)4 of this section). (h) Signs may be incorporated into building awnings. In terms of calculating sign size, the procedure shall be to calculate the area of the letters and design according to the "silhouette" sign described in subsection (A)1 of this section. 4. Multi -Tenant Buildings or Plazas: The total signage area may not exceed the area for a single tenant building of the same frontage; exceptions may be approved by the administrator with cause shown. Signs for individual tenants may be wall mounted or hanging, but not projecting beyond eighteen inches (18"). The portion of total signage available to each tenant shall be determined by the building or plaza owner. Page 12 of 22 Ord. 922 Signs May 22, 2014 (D) Industrial And Business Park, Zones I And BP: 1. General: The regulations and specifications set forth herein shall apply to the industrial (I) and business park (BP) zones. 2. Size: There shall be permitted in these zones, for each business park or frontage, each with a maximum area of one square foot for each linear foot of building frontage, or one half (1) square foot for each linear foot of property frontage, whichever is greater, but not exceeding one hundred (100) square feet. Requirements shall be the same as specified for the commercial zones. 3. Location: Requirements shall be the same as specified for the commercial zones. 4. Content: Signs permitted in these zones shall be identification signs only. 5. Changeable Signs: Changeable signs are not permitted except to advertise the pricing of fuels and event hours. A conditional use permit is required as well as following the design review procedure of chapter 16 of this title. No more than fiftylaef6 wo_gi'b`e sign_fa a rna5,4nekide-a_space f r ^t,.,.,, eabi^ letters. Permitted changeable signs shall be of a high quality, and the letters used on such signs shall be of a durable material such as Lexan'' or acrylic plastic, with a minimum thickness of 0.08 inches and a height not to exceed nine inches (9"). 6,5_Undue Hardship: If special conditions and circumstances unique to the type of business, the land, or structure, make compliance with subsection (D)5 of this section an undue hardship, then the commission may take into consideration the products or services offered by the establishment; the requirements for a conditional use permit (see chapter 13 of this title) will be applied. (E) Public Zones And Special Districts: 1. Agriculture And Forest (AF) Zone: Apply the same standards as for the residential zones. 2. Civic Use (CV) Zone: Apply the same standards as the commercial zones. 3. Airport (AP) Zone: Signing to be located within the AP (airport) zone requires an administrative permit, except for the signage required by authorities for safety or security purposes. Otherwise, the same standards apply as the industrial or buss ess „^r'- commercial zones. 4. Special Districts: Apply the same standards as for the zone in which the district falls. Page 13 of 22 Ord. 922 Signs May 22, 2014 3.9.04: TEMPORARY SIGNS: The following signs shall be permitted anywhere within the planning jurisdiction and shall not require a permit: (A) Site Development Signs: 1. One site development sign is permitted for each project. 2. A sign which identifies the architects, engineers, contractors and other individuals or firms involved with a construction project, but not including any advertisement of any product, and signs announcing the character of the building enterprise or the purpose for which the building is intended, during the construction period, with a maximum area of sixteen (16) square feet. 3. The signs shall be confined to the site of the construction, may be placed up to thirty (30) days prior to start of construction, and shall be removed within fourteen (14) days after the beginning of an occupancy use of the project. (B) Real Estate Signs: 1. Signs advertising the sale, rental or lease of the premises or part of the premises on which the signs are displayed: (a) For properties of one acre or less, the total area of the signage shall not exceed five (5) square feet on one face. A double sided sign may have a total sign surface of ten (10) square feet. (b) For properties of over one acre but less than ten (10) acres, the total area of the signage shall not exceed sixteen (16) square feet. (c) For properties over ten (10) acres, the total area of the signage shall not exceed thirty two (32) square feet. (d) For properties facing the lake front, the total area of the signage shall not exceed sixteen (16) square feet. 2. Such signs shall be placed only on the property advertised and shall be removed within seven (7) days after the sale, rental, or lease is documented and closed, or upon expiration of the listing agreement. 3. "Open House" signs shall not exceed six (6) square feet in total area. Open house signs shall be removed upon completion of the "open house" but in no event shall the sign be placed longer than twenty four (24) hours. Page 14 of 22 Ord. 922 Signs May 22, 2014 4. Illuminated, reflective and Day-Glo® type materials are not permitted on any real estate signs. 5. Signs shall be maintained in good repair. Damaged signs, or signs which have fallen over, etc., are subject to removal by the city (see section 3.9.11 of this chapter). 6. Real estate signs shall not be placed upon or extend over public rights of way. (C) Political Signs: The following provisions apply to candidates for public office, bond elections, referenda, and initiatives. Prior to any enforcement action, the city shall seek legal advice for each case. 1. Signs announcing the candidates seeking public political office and other data pertinent thereto, up to an area of thirty two (32) square feet for each premises. 2. Such signs shall be confined within private property and removed within seven (7) days after the election for which they were made. (D) Over The Road Banners: Banners advertising a public entertainment or event are allowed as described by resolution adopted by the city council. (E) Window Signs: Window signs intending to announce the display of merchandise, „he *oa wit s el displ 5; are permitted, so long as they do not cover more than 25% of the total window area and shall not result in the property exceeding the maximum allowable signage as calculated for its zone. They need not be related in (F) New Business Signs: With prior written notice to the administrator and the code enforcement officer, with their written concurrence that the business is new, and upon payment of a fee set by council from time to time by resolution, a new business may display a temporary sign for not more than a total of sixteen (16) consecutive days to announce its opening, which sign shall be on the premises where the business is located. Such a sign is in addition to the permanent sign and shall not be larger than a sign permitted to the business. (G) Other Signs: Signs which express ideas or comments of a citizen may be displayed with size and duration approved by the administrator, or, if requested by the applicant or by a concerned citizen, by action of the commission and council for a conditional use permit at a public hearing. (H) Pennants Or Banners On Utility Poles And Light Standards: Pennants or banners sponsored by a public agency or public benefit, nonprofit group are allowed as described by resolution adopted by the city council. Page 15 of 22 Ord. 922 Signs May 22, 2014 3.9.05: EXEMPT SIGNS: The following types of signs are exempted from all the provisions of this chapter, except for construction and safety regulations and the following requirements: (A) Public Signs: Signs of a noncommercial nature and in the public interest, erected by or on the order of, a public officer in the performance of the public officer's public duty, such as safety signs, danger signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest, informational signs, and the like. 1. Signs setting forth the name or any simple announcement for an institution (21) square feet. 2. Such signs may be illuminated in accordance with the regulations specified in section 3.9.08, "Illumination", of this chapter. 3. If building mounted, these signs shall be flat wall signs and shall not project above the roofline. If freestanding, the top shall be no more than six feet (6') (AVV YV g1Vllllll 1VYV1, VAVV}Jl YYS1V permit vehicles to pass beneath the sign. (GB) Integral: Names of buildings, dates of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar materials or made of bronze, aluminum, or other permanent type construction, and made an integral part of the structure. (DC) Private Traffic Direction: 1. Signs directing traffic movement onto a premises or within a premises, not exceeding three (3) square feet in area for each sign; signs must not be located in a public right of way. 2. Such signs may be illuminated in accordance with the regulations specified in section 3.9.08, "Illumination", of this chapter. 3. Horizontal directional signs on and flush with paved areas are exempt from these standards. (BD) Small Signs: Signs not exceeding two (2) square feet in area, attached flat against the building, stationary and not illuminated, announcing only the name and occupation of building tenant. Page 16 of 22 Ord. 922 Signs May 22, 2014 (EE) Rental Signs: Signs on the premises announcing rooms for rent, table board, apartment or house for rent and not exceeding four (4) square feet in area. (GF) Vehicles: Signs on vehicles of any kind, provided the sign is painted or attached directly to the body of the original vehicle and does not project or extend beyond the sides or ends of the vehicle. 1. Registered: The motor vehicle or trailer must be currently registered with the relevant motor vehicle authorities and be currently, regularly, and principally used for a transportation purpose other than display of such sign. Signs which would otherwise be mounted on a building or in a freestanding frame may not be placed vertically on the roof, hood, or trunk of a car, nor in the bed nor on the cab of a truck, unless being used to transport the sign to a permanent location. Any vehicle which remains unmoved, and has not been driven off premises for 72 consecutive hours shall be deemed to be in violation of this section. 2. Located: The vehicle's location when not in use upon the public streets must be consistent with the most logical implementation of the principal use of the vehicle. 3. Not Actually Used As A Sign: A vehicle shall not be parked such that the principal purpose of the vehicle, while parked, is that of a sign. This subsection shall be construed so as to prevent the use of vehicles for a sign except under the foregoing circumstances. (H) No Trespassing Or Restricted Entry Signs: These signs are permitted if each sign is no larger than two (2) square feet in area and no more than one sign is placed every fifty feet (50') of fencing or building frontage. (I) Religious Symbols, Seasonal Declarations: Religious symbols and seasonal decorations within the appropriate public holiday season. (J) Flags: United States or Idaho state flags and the flags of other states or nations are permitted, and if displayed, shall be displayed with appropriate respect and proper methods. Each business may display one additional flag not to exceed fifteen (15) square feet and not to exceed five (5) feet in length or width that is mounted directly to an existing building or structure, provided such flag does not result in the business or property exceeding the total allowable sign square footage as calculated for its zone or use. (K) Menu Boards: Permitted for restaurants, with a maximum area of fifteen (15) square feet. 3.9.06: NONCONFORMING SIGNS: (A) Where a lawful sign existed on the effective date, July 6, 1999, of the previous sign regulations (previously title III, chapter 24 of this code), that could not be lawfully Page 17 of 22 Ord. 922 Signs May 22, 2014 installed under the terms of current regulations, such sign may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. No such nonconforming sign may be enlarged or altered, ethef tha eliang ng copy, in a way which increases its nonconformity, but any sign may be altered to bring it into conformity. 2. Should such nonconforming sign or nonconforming portion of sign be damaged to an extent or require maintenance that would cost more than fifty percent (50%) of the sign's replacement cost at the time of the damage or maintenance, it shall not be maintained or repaired, but shall be removed or reconstructed in conformity with the provisions of this title. 3. Should such nonconforming sign be moved for any reason for any distance whatsoever, it shall thereafter conform to the provisions of this title. (B) Any sign in violation of section 3.9.07, "Prohibited Signs", of this chapter shall be removed, altered or repaired in accordance with the provisions of this title within sixty (60) days after March 16, 2006. (C) Nonconforming Signs: Nonconforming signs installed or erected after July 6, 1999, which are structurally altered, facially altered, relocated or replaced shall comply immediately with all provisions of this code. (D) Temporary Signs In Violation: Any sign in violation of section 3.9.04, "Temporary Signs", of this chapter shall be removed, altered or repaired within thirty (30) days after March 16, 2006. (E) Nonconforming Uses: Signage associated with any nonconforming building or land use shall, nevertheless, comply with all the provisions of this chapter applicable to the zone in which the nonconforming building or use would be conforming. If there is more than one such zone, the most restrictive regulations among those of the two (2) or more other zones shall apply. (F) Sign Not Removed By The Expiration: In the event a sign is not removed by the expiration of the time provided, it may be removed as provided in section 3.9.11 of this chapter. 3.9.07: PROHIBITED SIGNS: The following signs are prohibited (the judgment of the administrator shall be final in these cases): (A) Signs that contain statements, words or pictures of an obscene character. Page 18 of 22 Ord. 922 Signs May 22, 2014 (B) Signs that contain or are an imitation of an official traffic sign or signal or contain the words "stop", "go slow", "caution", "danger", "warning", or similar words. (C) Signs that are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device, or hide from view any traffic or street sign or signal. (D) Signs that advertise an activity, business, product or service not conducted, or no longer conducted, on the premises upon which the sign is located. (E) Signs that have a moving part which is a major attraction of the sign or constitutes more than ten percent (10%) of the sign area. (F) Signs that contain or consist of balloons, banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners or other similarly moving devices. These devices, when not part of any sign, are similarly prohibited, except as permitted by sections 3.9.03 and 3.9.04 of this chapter. (G) Signs that swing or otherwise noticeably move as a result of wind pressure in a fashion which may distract and/or cause a danger to the public, or signs which, due to structural weakness, design defect, or other reason, constitute a threat to the health, safety, and welfare of any person or property. (H) Outdoor advertising signs as defined in section 3.9.02, "Definitions", of this chapter, except as permitted by subsection 3.9.03(A)4 of this chapter. (I) Portable changeable signs, V signs, a -frame signs, sandwich board signs, or other temporary signs not permitted by section 3.9.04 of this chapter. (J) Signs mounted on vehicles that are operated solely or primarily for the purpose of displaying the sign in the public right of way. Or signs mounted in or on a motor vehicle parked unattended other than at the home or business premises of the business advertised or of its owner. A vehicle shall not be considered unattended if the driver is in the vehicle or if the driver is in the ordinary course of trade or business on the premises where parked. (K) Changeable signs in residential zones, except where permitted by section 3.9,03 of this chapter. a conditional use permit for a commercial, business park or industrial use. (L) Roof signs in any residential zone, unless for an approved business use with a conditional use permit. 3.9.08: ILLUMINATION: Allowed methods of illumination are divided into several types as described below; all other Page 19 of 22 Ord. 922 Signs May 22, 2014 forms of sign lighting are prohibited. All lighted signs shall comply with chapter 14, "Outdoor Lighting", of this title. (A) Unlighted: A sign with neither an internal light nor an external source intended specifically for the purpose of lighting the sign. (B) Internally Lighted Halo Lighted: A sign with opaque letters or logos that are slightly raised from the surface of the sign and behind which lights are mounted to create a halo lighting effect around the opaque letter(s) or logo. (C) Externally Lighted: A sign with an external light source intended specifically to illuminate the sign. External light fixtures which produce glare shall not be permitted. 3.9.081: GENERAL REQUIREMENTS: (A) The light from any illuminated sign shall be so shaded, shielded or directed that the light intensity or brightness will not be objectionable to surrounding areas. (B) No sign shall have blinking, flashing or fluttering lights or other illumination, brightness or color. Beacon lights are not permitted. Signs which utilize low wattage (LED, for example) lamps for the purpose of public information, such as an indication of time or temperature, are permitted with the approval of the administrator. (C) No colored lights shall be used at any location or in any manner that could be confused with a traffic control device. (D) Neither the direct, nor reflected, light from primary light sources shall tend to create a traffic hazard to operators of motor vehicles on public thoroughfares. (E) No exposed reflective type bulbs and no strobe light or incandescent lamps which individually or cumulatively exceed fifteen (15) watts shall be used on the exterior surface of any sign so as to expose the face of the bulb, light or lamp to any public street or adjacent property. (F) Changeable signs may be attached to buildings, and may be illuminated, but must meet all sign area requirements. Usage of low wattage lamps (such as LED lamps) is permitted, provided the sign illumination does not result in potential traffic hazards, in the opinion of the administrator, and the copy change does not occur more than once per day. Messages are to be nonscrolling. (F) Two (2) neon or similarly illuminated signs with a maximum size of three (3) square feet each shall be permitted for each commercial, business or industrial use within any zone, provided these signs do not flash, blink, or scroll and are mounted only within the interior of windows or are flush -mounted on the building, provided the sign(s) are in accordance with the maximum window sign coverage as described in section 3.9.04(E) of this chapter and comply with the maximum sign allowance of the building or property. Page 20 of 22 Ord. 922 Signs May 22, 2014 3.9.09: PERMITS AND FEES: (A) Permit Requirements: 1. All signs require a permit, except: (a) Temporary signs as described in section 3.9.04 of this chapter. (b) Exempted signs as described in section 3.9.05 of this chapter. (c) Residential address and occupant name signs as described in subsection 3.9.03(B) of this chapter. 2. Permits will be issued subject to review and approval by the community development director or his/her designee in accordance with chapter 13, "Permits And Applications", of this title. 3. No sign requiring a permit shall be erected, altered or relocated without a permit -first obtaining any necessary permits issued by the building inspector. 4. Electrical permits, when required, shall be obtained at the same time as the sign pefniit, (B) Applications: The permit application shall contain the location of the sign structure, the name and address of the sign owner and of the sign erector, drawings showing the design and location of the sign and such other pertinent information as the building official may require to ensure compliance with this title. (C) Fees: Fees for sign permits shall be as fixed from time to time by the council. (D) Nullification: A sign permit shall become null and void if the work for which the permit was issued has not begun within a period of one hundred twenty (120) days from the date of the permit. A new permit will require assessment of an additional fee. (E) Permit Exceptions: The following operations shall not be considered as creating a sign and, therefore, shall not require a sign permit. 1. Replacing Copy: The changing of the advertising copy of a message on an approved painted or printed sign or on a theater marquee and similar approved signs which are specifically designed for the use of replaceable copy. 2. Maintenance: Maintenance, painting, repainting, cleaning and other normal maintenance and repair of a sign or a sign structure unless a structural change is made. Page 21 of 22 Ord. 922 Signs May 22, 2014 3.9.10: STRUCTURAL REQUIREMENTS: All signs shall comply with the pertinent requirements of the international building and electrical codes as adopted by the city. 3.9.11: INSPECTION, REMOVAL, SAFETY: (A) Maintenance: All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive condition. (B) Removal Of Sign: The building official may order the removal of any sign erected or maintained in violation of this title. I4e The building official shall give thirty (30) days' notice in writing to the owner of such sign, or of the building, structure or premises on which such sign is located, to remove the sign or to bring it into compliance. The building inspector may remove a sign immediately and without notice if, in the building inspector's opinion, the condition of the sign is such as to present an immediate threat to the safety of the public. (C) Abandoned Signs: A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove it the building inspector shall give the owner or lessee fifteen (15) days' written notice to remove it. Upon their refusal or failure to comply with this notice, the building inspector or a duly authorized representative may remove the sign at cost to the owner. (D) Impounded Signs: An impounded sign may be retained by the city until completion of any criminal prosecution or other court proceedings respecting the erection or maintenance of the sign; if an owner has reoffended after having been convicted of a violation in putting up a sign, and the new offense involves the same sign, or a sign which in pertinent aspect(s) is a like sign, such sign shall be forfeited to the city and shall be subject to disposal as deemed appropriate by the city manager. Section 3: Effective Date: That this ordinance shall take effect and be in full force upon its passage, approval, and publication in accordance with Idaho law. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 22 DAY OF MAY, 2014. Approved: Jackie • ym • , Mayor By BessieJo Wa Ord. 922 Signs May 22, 2014 Page 22 of 22 A SUMMARY OF ORDINANCE NO.922 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE TITLE 3 CHAPTER 9 SIGNS AND IN PARTICULAR SECTIONS 3.9.02 BY CHANGING THE DEFINITIONS FOR POLITICAL SIGNS AND SIGNS, AND ADDING A NEW DEFINITION FOR WAYFINDING SIGN; 3.9.03(A)(C)(D)(E) SIGN STANDARDS FOR ALL ZONES TO PROVIDE FOR CERTAIN SIGNS IN MIXED USE DEVELOPMENTS AND APARTMENTS, WAYFINDING SIGNS, CHANGEABLE SIGNS, REGULATION OF LOCATION AND SIZE OF SIGNS IN ALL ZONES; IN 3.9.04 REGULATING THE SIZE OF WINDOW SIGNS; IN 3.9.05(B) TO DELETE SEPARATE REGULATIONS FOR INSTITUTION SIGNS, AND TO BETTER DEFINE PROHIBITED VEHICLE SIGNS, AND LIMITING THE NUMBER OF FLAGS OTHER THAN UNITED STATES, STATE OR OTHER NATIONS AND ELIMINATING MENU BOARDS AS A SEPARATE REGULATED SIGN TYPE; IN 3.9.06(A)(1) AMENDING THE PROVISIONS FOR NONCONFORMING SIGNS; IN 3.9.07(F)(K) AMENDING THE EXCEPTIONS FROM PROHIBITED SIGNS; IN 3.9.08(B) PROVIDING FOR HALO LIGHTED SIGNS; IN 3.9.081(F) TO REGULATE NEON SIGNS; IN 3.9.09(A)(3)(4) TO CLARIFY WHAT ADDITIONAL PERMITS ARE REQUIRED BESIDES SIGN PERMITS; AND PROVIDING AN EFFECTIVE DATE. This ordinance provides for the following: Allow mounted one flag (corporate logo, open, sale, university, or other) up to 15 sq. ft. in addition to nation or state flags per business location. Allows temporary banners up to 15 sq. ft. to be displayed within an approved wood or similar permanent frame. Allows businesses to display up to two (2) neon or similar illuminated signs with a maximum of 3 sq. ft. each within windows or flush -mounted on the building, provided the sign(s) comply with the maximum sign allowance for the property or building. Allows freestanding signs within the Central Business District. Aligns allowable signage square footage for properties within Industrial, Airport, and Business Park Zones with that of commercially -zoned properties, thereby increasing the allowable square footage for businesses located within these zones. Limits the amount a window may be covered by signage to 25%. Provides a definition of wayfinding signage. Removes the sign permitting exemption for Institutions. Prohibits menu boards (i.e. A -frame signs), currently only allowed for restaurants. Allows halo lighted signs and provides a definition. This ordinance is effective immediately after its passage and publication as required by law. The full text of the Ordinance is available for review at City Hall and will be provided by the City Clerk to any citizen upon personal request, or can be viewed on the City website at www.mccall.id.us. Page 1 of 2 Ordinance 922 Summary May 22, 2014 APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 22 DAY OF MAY, 2014. ATTEST: N1pilU1.10 e 1%4. OF Mer:4119,4. 7. � d� a2 4 * `��. Ordinance 922 Summary May 22, 2014 Approved: Page 2 of 2 ORDINANCE SUMMARY CERTIFICATION Ordinance No. 922 Certification of City Legal Advisor of the Summary prepared for the above -numbered Ordinance The undersigned City of McCall Legal Advisor, having reviewed the above - numbered Ordinance and the Summary for the above -numbered Ordinance, believes the Summary of the above -numbered Ordinance is true and complete and that it provides adequate notice to the public of the identity and principal provisions of the Ordinance. Dated this 22 day of May, 2014. William F. Nichols Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Kim C. Drake, being duly sworn and say, I am the receptionist of The Star -News, a weekly newspaper published at McCall, in the County of Val- ley, State of Idaho; that said newspaper is in general circulation in the county of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publication of such notice began May 29, 2014 and ended May 29, 2014. Subscribed arid sworn before me this the 29th day of May, 2014. STATE OF IDAHO COUNTY OF VALLEY On this 29th day of May in the year of 2014, before me, a Notary Public, personally appeared Kim C. Drake, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. "ca& ilisso �tt�_ Gi2 0* .« rpw• • if taoTor 691-- Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/18 A SUMMARY OF ORDINANCE NO.922 PASSED BY THE CITY OF MCCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, A MUNICI- PAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE TITLE 3 CHAPTER 9 SIGNS AND IN PARTICULAR SECTIONS 3.9.02 BY CHANGING THE DEFINITIONS FOR POLITICAL SIGNS AND SIGNS, AND ADDING A NEW DEFINITION FOR WAY - FINDING SIGN; 3.9.03(A)(C)(D)(E) SIGN STANDARDS FOR ALL ZONES TO PROVIDE FOR CERTAIN SIGNS IN MIXED USE DEVELOPMENTS AND APARTMENTS, WAYFINDING SIGNS, CHANGEABLE SIGNS, REGULATION OF LOCATION AND SIZE OF SIGNS IN ALL ZONES; IN 3.9.04 REGULAT- ING THE SIZE OF WINDOW SIGNS; IN 3.9.05(B) TO DELETE SEPARATE REGULATIONS FOR INSTITUTION SIGNS, AND TO BE1-1ER DEFINE PROHIBITED VEHICLE SIGNS, AND LIMITING THE NUMBER OF FLAGS OTHER THAN UNITED STATES, STATE OR OTHER NATIONS AND ELIMINATING MENU BOARDS AS A SEPARATE REGULATED SIGN TYPE; IN 3.9.06(A)(1) AMENDING THE PROVISIONS FOR NONCON- FORMING SIGNS; IN 3.9.07(F)(K) AMENDING THE EXCEP- TIONS FROM PROHIBITED SIGNS; IN 3.9.08(B) PROVIDING FOR HALO LIGHTED SIGNS; IN 3.9.081(F) TO REGULATE NEON SIGNS; IN 3.9.09(A)(3)(4) TO CLARIFY WHAT ADDI- TIONAL PERMITS ARE REQUIRED BESIDES SIGN PERMITS; AND PROVIDING AN EFFECTIVE DATE. This ordinance pro- vides for the following: Allow mounted one flag (corporate logo, open, sale, university, or other) up to 15 sq. ft. in addition to nation or state flags per business location. Allows temporary banners up to 15 sq. ft. to be displayed within an approved wood or similar permanent frame. Allows businesses to display up to two (2) neon or similar il- luminated signs with a maximum of 3 sq. ft. each within windows or flush -mounted on the building, provided the sign(s) comply with the maximum sign allowance for the property or building. Allows free- standing signs within the Central Business District. Aligns allowable signage square footage for properties within Industrial, Airport, and Business Park Zones with that of commercially -zoned properties, thereby increasing the allowable square footage for businesses locat- ed within these zones. Limits the amount a window may be covered by signage to 25%. Provides a definition of wayfinding signage. Re- moves the sign permitting exemption for Institutions. Prohibits menu boards (i.e. A -frame signs), currently only allowed for restaurants. Allows halo lighted signs and provides a definition. This ordinance is effective immediately after its passage and publication as required by law. The full text of the Ordinance is available for review at City Hall and will be provided by the City Clerk to any citizen upon personal request, or can be viewed on the City website at www.mccall.id.us. APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 22 DAY OF MAY, 2014. Approved: By JACKIE J. AYMON, Mayor ATTEST: By BessieJo Wagner, City Clerk. 1 tc5/29