SUBJECT: REVIEW OF SIGN ORDINANCE RELATIVE TO INFLATABLES AND OTHER DECORATIONS USED AS TEMPORARY BUSINESS SIGNS

 

Recommendation:

That the City Council direct staff as deemed appropriate relative to revising the Sign Code to permit inflatable signs.

 

Background:

In October 2000, staff received a complaint regarding the installation of a temporary inflatable sign at 36 Pier Avenue, the Treasure Chest. The business had intermittently displayed a 12 to 15 foot inflatable ghost on the roof as part of their Halloween decorations. A letter was issued to the owner that the ghost inflatible violated the provisions of the Sign Code, since it was not listed as a permitted type of sign, and also fit the definition of wind sign, that it was prohibited. The owner made an appeal at the October Council meeting to continue displaying the sign and was advised that the display could be permitted as temporary banner sign.

 

Analysis:

Staff is seeking direction regarding amendment to the Zone Code relative to the interpretation of inflatable decorations as signs subject to the requirements of temporary banner signs (permits with a 90-day limitation per year)

The Zone Code defines a sign as:

…any medium including representational art with its structure and component parts which is intended to be used to attract attention to goods and/or services offered by the business on the premises.

Based on this definition balloons, pennants and other decorations "used to attract attention" may be subject to the provisions of the sign ordinance.

The list of permitted signs for the various zones do not list any of these styles of signs, and pursuant to Section 17.50.080(B) any sign not listed as a permitted sign is prohibited. Also, Section 17.50.080(4) specifically prohibits "banners, posters, pennants, ribbons, streamers, lines of flashing light bulbs, spinners, rotating signs, gas-fired torches or similar devices that move in any manner or have a moving part ." Pursuant to Section 17.50.080(B) "moving signs" and "wind signs" are also specifically prohibited ¹ . This section also prohibits roof signs.

While temporary signs are permitted in the commercial zones, the only style of temporary sign that is specifically listed as a permitted sign is "banners". Banners are defined as "a temporary sign constructed of cloth, canvas, or light fabric. Temporary banners are subject to the requirements of Section 17.50.210 which places limits on the area of the banner or banners, the duration of display (90 days) and allows exceptions for window signs (if less than 10 square feet) and signs displayed for "grand openings."

 

Notes:

¹ "Moving sign" means a sign which has any actual or apparent moving, revolving, scintillating, flashing or rotating parts activated by electric, electronic, kinetic or mechanical devices, or by wind current, and shall include, but not be limited to, balloons, time or temperature recording devices (except clocks), signs which are constructed of or faced with reflective tape or other similar materials, signs which change color, and signs where the intensity of lighting changes or appears to change.

"Wind sign" means any cloth or plastic or other flexible light material made in strips, triangles or other shapes which are fastened together at intervals by wire, rope, cord, string or other means in such manner as to move by wind pressure and which are used or displayed to attract attention to a business, product, service or entertainment.

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