Chapter 17.63
SIGNS
Sections:
17.63.010 Purpose.
17.63.020 General provisions.
17.63.030 Review of signs/design standards.
17.63.040 Residential district sign regulations.
17.63.050 Permanent identification signs for commercial, business, and industrial developments.
17.63.052 Permanent identification signs for developments in areas zoned MR-NB.
17.63.055 Permanent identification signs for developments in areas zoned B-1 and C-1 and located in Downtown on Fairhaven Avenue and Victoria Avenue.
17.63.060 On-site traffic control and directories.
17.63.070 Temporary display and portable signs.
17.63.080 Off-premises signs.
17.63.085 Prohibited signs.
17.63.090 Variances.
17.63.010 Purpose.
The provisions of this chapter are intended to provide for the necessary means of identification while maintaining a safe and pleasing environment for the people of the city of Burlington. It is intended that the sign code standards complement the area in which the sign is located and that the signage should be compatible with the comprehensive plan designation of the site. (Ord. 1382 § 1, 1998; Ord. 1158 § 4, 1990).
17.63.020 General provisions.
A. Conflicting Standards. Signs shall be allowed subject to the provisions of this chapter, except when these provisions conflict with the specific standards for signs in the subject district or in a separately adopted design plan affecting the property.
B. Signs Subject to State Approval. All signs visible to the traveling public from state highways are subject to the regulations and permit requirements of the State Department of Transportation. Where the regulations of the state and city differ, the more restrictive regulations shall govern.
C. Uniform Building Code. All signs shall comply with the provisions of the Uniform Building Code as adopted in chapter 15.04 BMC, and be subject to approval of a building permit, except as otherwise provided in this chapter.
D. Address Display. The signing program for a multifamily, commercial or industrial development shall include the display of street numbers for the development on the sign, support structure, or building where it can be seen from adjacent roads.
E. Sign Clearances. A minimum of eight feet above sidewalks and 15 feet above driveways shall be provided under freestanding or projecting signs.
F. Setbacks. Signs shall be situated in a manner so as not to adversely affect safety, corner vision, public rights-of-way, improvements or future improvements, easements, or other similar conditions. See BMC 17.45.020 (A) for sight triangle requirements. Sight triangle requirements may be adjusted in consultation with the city engineer for different lot sizes if appropriate.
G. Illuminated Signs.
1. Internally illuminated signs, or lights used to indirectly illuminate signs shall be placed, shielded or deflected so as not to shine into residential dwelling units or structures, or impair the vision of the driver of any vehicle.
2. The light intensity of an illuminated sign shall conform to or be less than accepted standards of the sign industry.
3. A time and temperature sign is permitted up to 20 square feet in area. No other sign or illuminating devices shall have blinking, flashing or fluttering lights.
4. No colored lights shall be used at any location or in any manner which may be confused with or construed to be traffic signals or control devices, or lights on an emergency vehicle.
5. Stationary electronic message centers are permitted with the allowable square footage for signage.
H. Moving Signs. No sign, sign structure, or portion thereof, shall be designed to rotate, flutter, or appear to move, except as specifically provided in this code.
I. Maintenance. All signs, together with all of their supports, braces, guys, and anchors, shall be kept in good repair and be maintained in a safe condition. All signs and the site upon which they are located shall be maintained in a neat, clean, and attractive condition. Signs shall be kept free from rust, corrosion, peeling paint, or other surface deterioration. The display surfaces of all signs shall be kept neatly painted or posted.
J. Preexisting Signs. Signs and sign structures existing prior to the effective date of the ordinance codified in this title, which complied with applicable regulations existing when the sign was established, but which do not comply with one or more of the requirements of this chapter shall be subject to the provisions of chapter 17.66 BMC for nonconforming uses, except:
1. Alteration to a nonconforming sign which reduces, or does not increase its noncompliance with the provisions of this chapter, including changes in display surface, sign area, height and setback, may be allowed subject to review under the provisions of BMC 17.63.030; and
2. Sign copy which identifies or advertises a business, product or service no longer located on the same site or premises on which the sign is posted shall be replaced, or removed, within one month of the change in occupancy or vacancy of the premises. Failure to use the copy area of a nonconforming sign for purposes permitted under this section for a period of more than 12 consecutive months shall constitute a “discontinuance of a nonconforming use,” as provided in chapter 17.66 BMC, and such sign shall be removed or modified to satisfy all applicable requirements of chapter 17.63 BMC and the underlying district. (Ord. 1382 § 2, 1998; Ord. 1158 § 5, 1990).
17.63.030 Review of signs/design standards.
Except as otherwise provided for temporary, portable, and political signs, and billboards, under BMC 17.63.070 and 17.63.080, the size, design, color, lighting and location of signs and supporting structures for all signs shall comply with the following provisions, in addition to other applicable provisions of this chapter:
A. Legibility. All forms of sign copy shall be of a size, color, style, spacing, and shape to produce a legible, concise, and uncluttered message as viewed from adjacent public roads or from an internal circulation road or walkway towards which it is oriented.
B. Design. Signs shall be designed using shapes, graphics, colors, materials, and lighting which are coordinated, integrated into, and a natural extension of the design of the building, development or business identified. On-building signs shall be incorporated into the design of the building, and shall not be placed in locations which interrupt, detract from or change the architectural lines of the building. Signs mounted on the top of roofs, or projecting above parapet walls, are prohibited.
C. Coordination. In multibusiness developments, every effort shall be made to coordinate the size, placement, and colors of signs to promote a pleasing image and avoid a confusing, cluttered appearance, while retaining individual business identity through the use of letter style, logos or symbols. An overall sign program addressing the requirements of this section shall be required for multitenant developments, and it shall be the responsibility of the owner/manager of the development to inform all tenants of the requirements of the approved sign program.
D. Sign Structure. When visible, the supporting structure of the sign shall be incorporated into the overall sign design, and shall be in scale with the sign. The sign structure, and any street numbers included on the sign structure shall not be counted for purposes of determining sign area. (Ord. 1382 § 3, 1998; Ord. 1340 § 1, 1997; Ord. 1158 § 6, 1990).
17.63.040 Residential district sign regulations.
A. Residential name plates:
1. Shall not exceed two square feet.
2. Only one such sign shall be permitted on the premises.
3. May be mounted on the residence or accessory structure to the residence.
4. May be illuminated by indirect lighting only.
B. Signs for home occupations:
1. Shall not exceed two square feet.
2. Shall be located inside the dwelling or located flat against the dwelling within which the home occupation is conducted.
3. Only one such sign shall be permitted on the premises.
4. May be illuminated by indirect lighting only.
C. Signs identifying multifamily developments or subdivisions:
1. Only ground-mounted signs shall be allowed, and shall not exceed a size of 30 square feet, as viewed from a single direction, and shall not exceed a height of five feet above the finished ground elevation of the development in that location.
2. No more than one ground-mounted identification sign shall be allowed for a development or complex, even when more than one tax lot or ownership is included in the development, except as follows:
a. When an additional sign is needed to provide identification of the development at major public access points located on two different roads; or
b. When two single-faced signs oriented in two different directions are proposed in lieu of a two-sided identification sign.
c. In business park developments, additional signage may be permitted to identify the residential portions of the development, as well as the commercial or industrial portions.
3. On-building signs shall be reviewed as part of the architecture of the building, including size, color, type of lighting and location.
4. Directional signs within the development shall not exceed three square feet, except as provided in the district.
5. Internally illuminated signs may be allowed subject to BMC 17.63.020(G).
6. Setback. Signs shall be situated in a manner so as not to adversely affect safety, corner vision, public rights-of-way improvements or future improvements, easements, or other similar conditions.
D. Signs for public and semi-public facilities, schools, churches, hospitals and similar uses:
1. Only one freestanding or ground-mounted sign shall be allowed on the premises, and shall not exceed 24 square feet per side.
2. On-building signs shall be allowed subject to the criteria under BMC 17.63.050 (C).
3. Readerboard signs are allowed; provided, that the area of the readerboard shall be included within the total allowable square footage for signage. (Ord. 1382 § 4, 1998; Ord. 1340 § 2, 1997; Ord. 1158 § 7, 1990).
17.63.050 Permanent identification signs for commercial, business, and industrial developments.
A. Freestanding pylon signs oriented to off-site circulation identifying the uses on the premises in areas zoned B-1, B-P, C-1, C-2 and M-1 and not located on East Fairhaven Avenue or East Victoria Street (Downtown) shall be allowed subject to the following conditions:
1. Only one such sign shall be allowed for a development or complex, even when more than one tax lot or ownership is included in the development, unless:
a. Up to two additional signs are needed to provide identification of the development at major public access points located at different major arterials; and/or
b. When two single-faced signs oriented in two different directions are proposed in lieu of a two-sided identification sign.
2. Maximum height: 25 feet. Businesses located within 500 feet of an I-5 Freeway Interchange which cater to the traveling public, such as gas stations, “freeway oasis” uses, restaurants, and motels may be allowed one freeway-oriented sign not to exceed 50 feet in height. “Destination” retail, tourist or recreational developments with frontage on the I-5 Freeway, or located within 500 feet of an I-5 Freeway Interchange, may also be allowed one freeway-oriented sign not to exceed 45 feet in height. These exceptions to the maximum height requirements shall be subject to the setback restrictions under subsection (A)(4) of this section. Sites with freeway frontage may have a freeway-oriented sign not to exceed 45 feet in height.
3. Maximum sign area: 50 square feet as viewed from one direction. Sign area may be increased by 30 square feet per factor listed below. Factors to be considered include:
a. The relative size of the development. Site is larger than one-half acre.
b. Identification of more than one use within a development is included on the sign.
c. The use of natural materials (carved or sand-blasted wood, or marble or stone) and indirect illumination.
d. The need for identification at a great distance, or by traffic moving at high speeds, as in the case of traveler services and “freeway oasis” uses, or uses with freeway frontage. The size of any such sign, or portion thereof, exceeding the 25-foot level, as provided under subsection (A)(2) of this section, shall not exceed a maximum of 80 square feet unless other factors under subsections (A)(3)(a), (b), (c) and (e) of this section apply.
e. A time and/or temperature display is incorporated in the design of the sign, as provided under subsection D of this section.
f. For developments over 30 acres in size, an additional 30 square feet of sign area is allowed for each tenant larger than 10,000 square feet in size up to a maximum of 350 square feet.
4. Setbacks/Location. All freestanding signs shall be located within a landscaped planter, with protective curbs located at least three feet from all support elements. Free-standing signs larger than 50 square feet, or exceeding a height of 25 feet, shall be set back at least 10 feet from the property line (as measured to the outer edge of the sign) and shall not adversely affect corner vision or otherwise create a safety hazard.
5. Illumination. Freestanding signs may be internally or indirectly illuminated, as provided under BMC 17.63.020(G).
B. Ground-Mounted Signs. Ground-mounted signs may be used in lieu of a freestanding identification sign, as allowed for a development under subsection A of this section. In such case, the requirements for size, number, and setback/location for freestanding signs shall apply.
Supplementary identification: in addition, ground-mounted signs may be used to identify individual uses within a multitenant development which are not otherwise identified on the freestanding sign(s) for the development. A ground-mounted sign may also be used to provide identification of additional entrances to a development that has entrances in more than one location. Ground-mounted signs shall be subject to the following requirements:
1. Height. A ground-mounted sign (also called monument signs) shall not exceed a height of six feet.
2. Maximum size: 36 square feet.
3. Number. Only one ground-mounted sign shall be allowed for a business, and shall be situated in front of that business.
4. Setbacks/Location. All ground-mounted signs shall be located within a landscaped area, with curbing located at least three feet from the base of the sign on all sides, except next to a sidewalk. Ground-mounted signs shall be situated at least 50 feet from any freestanding sign, and at least 100 feet from any other ground-mounted sign within the same development. Ground-mounted signs shall not be located within a 20-foot radius of the corner of any two streets, or the street and any driveway.
5. Materials. Ground-mounted signs shall incorporate colors and materials which are the same, or substantially the same, as those used on the building identified by the sign.
6. Illumination. Such signs may be internally or indirectly illuminated.
C. On-building signs identifying the use of the premises shall be allowed subject to the following conditions:
1. Sign Area. The sign area, location of the building, number of signs, and the size of the copy used shall be determined in consideration of the following factors:
a. The relationship of the building to the road or on-site circulation areas;
b. The use and location of a freestanding or ground-mounted sign identifying the premises, including on-site identification signs approved under subsection B of this section;
c. The use of the premises and associated need for identification of the building;
d. The size and design of the building elevation on which the sign would be placed;
e. The amount of signing for the use which can be seen from a given direction;
f. Wall signs and marquee signs shall not exceed a total sign area of two square feet per lineal foot of building frontage; except, that if a business has only a wall sign, the sign area allowed shall be at least 60 square feet regardless of frontage;
g. Projecting signs shall be limited to one per street frontage and shall not exceed an area of 25 feet per sign face.
2. Central Business District. Signs located on buildings within the central business district may project over the sidewalk or an alley (within the right-of-way), provided such signs have at least eight feet of vertical clearance from the sidewalk to the bottom of the sign, or 15 feet of clearance from an alley to the bottom of the sign.
3. Wall Graphics. The use of exterior walls of buildings for graphics, art work, or other displays shall be subject to review and approval by the planning commission.
4. Illumination. On-building signs may be internally or indirectly illuminated, or back-lit, subject to BMC 17.63.020(G).
D. Electronic Message Center and Other Changeable Copy Signs. Stationary electronic message center signs and other changeable copy signs may be incorporated into a permanent identification sign for a business or development, within the allowable square footage. Approval for moving electronic message center signs shall not be granted unless the following conditions are satisfied:
1. Only one sign shall be used in a development;
2. The changeable copy sign, or electronic message center, shall be included in the maximum sign area allowed under subsections (A)(3), (B)(2) or (C)(1) of this section, and shall not exceed 80 percent of the total sign area;
3. The sign shall be integrated into the design of the identification signs, and shall satisfy the design standards under BMC 17.63.030;
4. Electronic message centers and changeable copy signs may be used only to advertise activities conducted or goods and services available on the property on which the sign is located, or to present public service information;
5. No segmented message shall last longer than 12 seconds;
6. Electronic message center signs are only permitted for multiple tenant developments over 30 acres in size;
7. A minimum of 25 percent of the business tenants in the multiple tenant development must have no signage visible from the exterior of the building.
E. Signs Advertising Movie Theaters.
1. On-building signs are permitted as provided in subsection C of this section.
2. One freestanding sign is permitted fronting on an arterial and one freeway-oriented sign, if the site has freeway frontage, up to a maximum size of 100 square feet per sign face.
3. Electronic message centers or readerboards are permitted as needed on the freestanding sign or on the building; provided, that no moving messages are permitted, and the sign does not exceed the maximum permitted. (Ord. 1547 § 1, 2004; Ord. 1532 § 1, 2004; Ord. 1382 § 5, 1998; Ord. 1344 § 1, 1997; Ord. 1340 § 3, 1997; Ord. 1221 § 8, 1992; Ord. 1158 § 8, 1990).
17.63.052 Permanent identification signs for developments in areas zoned MR-NB.
A. Internally illuminated signs are prohibited.
B. Signs shall be limited to 20 square feet per sign face attached to the building.
C. In lieu of an on-building sign, a 20-square-foot ground-mounted sign no taller than five feet in height may be installed parallel to the front of the building within 15 feet of the front of the building. (Ord. 1382 § 6, 1998).
17.63.055 Permanent identification signs for developments in areas zoned B-1 and C-1 and located in Downtown on Fairhaven Avenue and Victoria Avenue.
A. Signs shall be reviewed for conformance with the Downtown Design Guidelines as adopted in the comprehensive plan.
B. Freestanding and projecting signs shall be limited to 25 square feet in area, 25 feet high.
C. On-building signs shall comply with BMC 17.63.050(C) and (D), and the Downtown Design Guidelines. (Ord. 1382 § 7, 1998).
17.63.060 On-site traffic control and directories.
A. Definitions. For purposes of this section, a “site” shall be the entire “site area” of the development, irrespective of tax lot lines or ownerships, and “on-site” signs shall be those permanent signs which are oriented towards internal circulation roads, driveways and walkways, or which direct the flow of traffic to and from the site from adjacent roads or walkways.
B. Traffic Control. Signs which direct the flow of traffic to and from and within the site area shall observe the corner vision requirements of the district and shall be a maximum of three square feet per side.
C. Directories. An on-site sign oriented primarily towards vehicle circulation which identifies and directs traffic to a number of tenants, uses or buildings within the development shall be limited in area to a maximum of two square feet per tenant, use or building specifically identified, up to a maximum of 40 square feet, and shall not exceed 12 feet in height. Directories oriented toward pedestrian circulation areas, including those attached to buildings, shall be a maximum of 24 square feet in area, and eight feet in height.
D. Menu Boards. On-site menus oriented toward internal circulation drives shall not exceed a combined area of 40 square feet. (Ord. 1158 § 9, 1990).
17.63.070 Temporary display and portable signs.
A. Exempt Activities. Temporary signs, banners, lights, streamers, and other similar apparatus used in conjunction with a “special event” shall be exempt from the provisions of this chapter. A “special event,” for purposes of this provision, is an event of a public nature sponsored by the city or a community club, chamber of commerce, or other community organization for the purpose of celebrating a particular holiday, festival, or other traditional commemoration which typically occurs no more than once a year.
B. Temporary Displays. Banners, streamers, festoons of lights, flags, and other similar apparatus may be displayed for the purpose of advertising outdoor sales of vehicles, a grand opening or similar event subject to the following conditions and limitations:
1. Time Period and Duration. The display of apparatus specified shall not exceed a total time period of four weeks in any calendar year; provided, that temporary displays for outdoor sales of vehicles that are maintained in good repair may be used as desired except in the retail core.
2. Hazards. No sign, light, electrical cord, streamer, banner, or other apparatus shall be situated or used in a manner which creates a hazard.
C. Temporary Portable Identification Signs. One portable identification sign may be used to temporarily identify a new business until permanent identification signs are installed, or to identify an existing business while permanent signs are being repaired or replaced, under the following conditions and limitations:
1. Maximum Size. No portable identification sign shall exceed 24 square feet in area.
2. Setbacks. Portable signs shall observe corner vision requirements, and shall in no case be placed in the public right-of-way.
3. Anchoring. All signs shall be physically anchored to the premises in a manner which both prevents the sign from being moved or blown from its approved location, and allows the prompt removal of the sign.
4. Illuminated Signs. No portable identification sign shall have flashing lights, or arrows, or any other apparatus which may be construed to be a traffic control device. All illuminated signs requiring an outside power source shall use a state approved power outlet.
5. Hazards. No portable sign or associated apparatus shall be situated or used in a manner which creates a hazard. The city retains the right to remove a portable sign that, in the judgment of the city officials, may create an accident or hazardous situation.
D. Incidental Signs. Emblems, decals, and other similar signs indicating membership in organizations, acceptance of credit cards, brand names of items sold, and other such information which pertains to the business or proprietor of the business located on the premises may be displayed on any window or door.
E. Temporary Window Signs. Posters and other signs of a temporary nature which advertise or inform the public of current prices or events may be displayed on the inside of any window or door of a business located in a commercial, business, tourist, or industrial district.
F. Temporary signs advertising the sale, lease or rental of property, or identifying the developer, lease agent or builder or advertising a legally recorded subdivision in its entirety, or real estate signs for individual lots may be allowed subject to the following conditions:
1. Shall pertain only to the property upon which they are located;
2. Shall observe the setback and corner vision provisions of this chapter, and shall in no case be located within a public right-of-way;
3. Shall not be illuminated;
4. Only one such sign shall be permitted on the premises;
5. Such signs shall be removed from the premises within two weeks after the premises are sold, leased, or rented. Signs pertaining to recorded subdivisions shall not remain on the premises in excess of 18 months from the date of filing of the subdivision;
6. Shall be of a size commensurate with the size of the property or premises being advertised. (Ord. 1535 § 1, 2004; Ord. 1340 § 4, 1997; Ord. 1158 § 10, 1990).
17.63.080 Off-premises signs.
Off-premises signs shall not be allowed except as herein provided:
A. Billboards (Outdoor Advertising Structures). New billboards shall not be allowed in any zoning district. Billboards may be allowed to relocate from one location within the city to another. Such relocated billboards shall not be allowed in any zoning district except the general commercial, heavy commercial and industrial districts.
B. Political Signs. Signs which support or oppose ballot measures, persons running for political office, and other issues subject to a vote by the public may be allowed subject to the following conditions:
1. Approval of the owner of the property on which the sign is to be placed;
2. Location. Such signs shall not be posted in state, county or city rights-of-way, on telephone poles, traffic signs, or other public apparatus. Such signs shall observe the corner vision requirements of this title, and shall not be situated in a manner which creates a hazard;
3. Size. Signs shall not exceed 16 square feet in size as viewed from one direction;
4. Time Limit. Such signs shall not be posted more than four months before the affected election, and shall be removed within one week after the election for which the sign is posted.
C. Temporary Directional Signs. The intent of this provision is to allow the infrequent, and not the regular, use of signs of a temporary nature. Off-premises directional signs of a temporary nature such as those used to direct persons to open houses, garage sales, or special events of short (two days) duration may be allowed subject to the following conditions:
1. Any such sign which is visible from a state highway shall be subject to approval by the State Department of Transportation.
2. All such signs shall comply with conditions 1 through 3 under subsection B of this section.
3. Time Limit. All such signs shall be removed at the end of the day on which the event, open house or garage sale is conducted and shall not be used repeatedly, contrary to the stated intent.
4. The city shall have the authority to immediately remove and dispose of any such sign found to be in violation of this subsection.
D. Permanent Off-Premises Directional Signs. The intent of this provision is to provide directional and locational information to the general public about places of general interest, such as tourist information services, school or public recreational facilities, central business or other special districts, historic sites, and regional developments; or, to provide information of a general community nature, such as those found at city entrance locations identifying the city and historic dates, or listing local service clubs and organizations or to provide business identification for sites located on a dead-end street. Such signs may be allowed, subject to the following:
1. Any such sign which is visible from a state highway shall be subject to approval by the Department of Transportation.
2. Approval of the owner of the property on which the sign is to be placed.
3. Location: any such sign shall not be placed where it may cause a hazard, or obstruct the vision of any driver.
4. Size: shall be no larger than necessary to clearly inform or direct the public. City identification/community service club type signs shall not exceed 50 square feet per side. Business identification directional signs on dead-end streets shall meet the following criteria: all units will have letters six inches in height, dark color on a light background, not longer than four feet per unit and meeting corner visibility requirements; details to be approved by the planning department for each installation.
5. Illumination: may be indirectly illuminated.
6. Design: all such signs shall be designed using materials, colors, lettering and other graphics which will be, in the opinion of the planning commission, an asset to the community and in the best interest of the city and the general public. (Ord. 1382 § 8, 1998; Ord. 1158 § 11, 1990).
17.63.085 Prohibited signs.
A. Prohibited signs are subject to removal by the city at the owner’s or user’s expense. Prohibited signs on public property may be summarily removed by the city. Prohibited signs on private property shall be subject to code enforcement action for removal pursuant to this section.
B. The following signs or displays are prohibited in all zones within the city, whether located on public or private property, except those expressly permitted as temporary signs in BMC 17.63.070:
1. Abandoned or obsolete signs;
2. Animated or moving signs;
3. Dilapidated, nonmaintained signs;
4. Flashing signs and strobe lights, except electronic changeable message signs or changeable copy signs;
5. Inflatable advertising devices;
6. Mylar balloons;
7. Obstructing signs which obstruct or interfere with free access to or egress from a required exit from a building or structure;
8. Off-premises signs except those expressly allowed in this chapter;
9. Pennants, streamers, ribbons, spinners, whirlers, propellers, festoons, blinking lights, or similar items that attract attention through movement, reflection or illumination;
10. Portable signs include any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Examples of portable signs include but are not limited to A-frame, sandwich board signs and portable readerboard signs;
11. Persons carrying or wearing portable advertising signs or costumes designed to advertise a business.
C. Amortization Schedule. Existing prohibited signs shall have a period of 90 days following notification by the city to remove the signs in order to amortize the existing investment of the sign owner.
D. Penalties. Any person violating any of the provisions of this section shall have committed a civil infraction and shall be subject to a civil penalty as follows: upon the first infraction, a fine of $50.00; upon a second infraction, a fine of $100.00, upon a third infraction, a fine of $150.00; upon a fourth or subsequent infraction, a fine of $200.00, plus forfeiture of the prohibited sign.
E. Continued Duty to Correct. Payment of a monetary penalty pursuant to this section does not relieve a person of the duty to correct the violation as ordered by the code enforcement officer. (Ord. 1535 § 2, 2004).
17.63.090 Variances.
Relief from or modifications of the size limits of signs regulated by this chapter require a zoning variance as provided in BMC 17.68.140. (Ord. 1382 § 9, 1998).