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925 Amend Sign Code RegulationCITY OF YELM ORDINANCE NO. 925 AN ORDINANCE AMENDING CHAPTER 15.24 YELM MUNICIPAL CODE REGULATING SIGNS WHEREAS, Yelm Municipal Code Chapter 15.24 intent is to provide minimum standards to safeguard life, health, property and public welfare by regulating the number, size of sign design of all signs; and WHEREAS, The technology of Digital Changing Message Signs may be construed to be animation, WHEREAS, The Yelm Sign Code does not allow usage of flush mounted wall signs on non entry building faces, except at buildings facing two streets, WHEREAS, The Yelm Sign Code does not permit new business to retain the non- conforming signs, NOW, THEREFORE, THE YELM CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1. Section 15.24.020 Yelm Municipal Code is amended as follows: 15.24.020 Definitions and abbreviations. For the purpose of this chapter, definitions as defined in Chapter 17.06 YMC and certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this section. "Abandoned sign" means any sign which is located on property which becomes vacant and unoccupied for a period of six months or more, or any sign which relates to any occupant or business unrelated to the present occupant or their business, or any sign which pertains to a time, event or purpose which no longer applies. "Administrator" means the building official for the city of Yelm or his/her designee "Advertising vehicles" means any vehicle or trailer on a public right-of-way which has attached thereto, or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business& Franchised buses or taxis are exempt from this chapter. -Page1- ~~~L~ "Animated sign" means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. Excluded from the definition are public service signs, digital changing message center signs, searchlights and flags. "Awning" means a shelter supported entirely from the exterior wall of a building. "Bulletin board (reader board)" means a sign so designed that the message may be changed by removal or addition of specially designed letters that attach to the face of the sign. "Digital Changing message center signs" means an electronically or electrically controlled sign where different automatic changing messages or graphics are shown on the same lamp bank. "Construction sign" means any sign used to identify the architects, engineers, contractors or other individuals or firms involved with the construction of a building and announce the character of the building or the purpose for which the building is intended. "Flashing sign" means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Excluded from the definition are public service and changing message center signs. "Freestanding sign" means any sign which is supported by one or more uprights, poles or braces in or upon the ground. "Garage sale signs" (i.e., yard sales, moving sales, patio sales) means temporary signs used to announce a sale of used items. "Grade" means the elevation or level of the street closest to the sign to which reference is made, as measured at the street's centerline, or the relative ground level in the immediate vicinity of the sign. "Grand opening displays" means temporary signs, posters, banners, strings of lights, clusters of flags, balloons and searchlights used to announce the opening of a completely new enterprise or the opening of an enterprise under new management. "Height" or "height of sign" means the vertical distance from the grade to the highest point of a sign or any vertical projection thereof, including its supporting columns. "Landscaping" means any material used as a decorative feature, such as shrubbery or planting materials, planter boxes, concrete bases, brick work, decorative framing or pole covers, used in conjunction with a sign which expresses the theme of the sign and related structure but does not contain advertising copy. -Page2- "Large Plat Subdivision" means a development required to have more then one vehicular access to a neighborhood connector(s). "Legal nonconforming sign" means a sign which: 1. On the effective date of the ordinance codified in this chapter was lawfully maintained and had been lawfully erected in accordance with the provisions of any prior sign ordinance or code but which sign does not conform to the applicable limitations established by this chapter; or 2. On or after the effective date of the ordinance codified in this chapter was lawfully maintained and erected in accordance with the provisions of this chapter but which sign, by reason of amendment of the ordinance codified in this chapter after the effective date thereof does not conform to the applicable limitations established by the amendment of this chapter. "Major Subdivision" means a subdivision with 25 or more lots required to have a connection to a neighborhood connector pursuant to Section 16.16.060.YMC. "Mansard roof' means a sloped roof or roof-like facade architecturally able to be treated as a building wall. "Marquee" means a permanent roofed structure attached to and supported by the building and projecting over public property. "Marquee sign" means any sign attached to or supported by a marquee "Monument sign" means aground-mounted sign which is higher than three feet above the average ground elevation and which is attached to the ground by means of a wide base of solid appearance. "Multiple-building complex" means a group of structures housing at least one retail business, office, commercial venture or independent or separate part of a business which shares the access and/or parking facilities. "Multiple-occupancy building" means a single structure housing more than one retail business, office or commercial venture. "Political sign" means a sign advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot. "Portable (mobile) sign" means a sign made of any material, which by its design, is readily movable and is equipped with wheels, casters or rollers or which is not permanently affixed to the ground, structure or building. (Also includes sidewalks or sandwich board signs, and signs mounted upon the tops of vehicles.) -Page3- "Projecting sign" means a sign other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign. "Public service signs" means an electronically or electrically controlled public service sign or portion of a larger sign which conveys only information such as time, date, temperature, atmospheric condition or general news information where different alternating copy changes are shown on the same lamp bank matrix. "Real estate or property for sale, rental or lease sign" means any sign pertaining to the sale, lease or rental of land or buildings. "Residential directional "open house" sign" means any sign meeting the definition of Sandwich Board Signs with a sign face not greater then 6 square feet. "Roof sign" means any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. "Sandwich Board Sign" means any sign on a self supporting A-Frame, not requiring attachment or ground penetration for any means of support. "Searchlight" means an apparatus containing an electric light and reflector on a swivel for projecting afar-reaching beam in any desired direction. Shopping Center. See "Multiple-building complex" above. "Sign" means any commercial communication device, structure or fixture that is extended to aid an on premises establishment to identify and/or to advertise their business, service, or related activity or interest. For the purpose of this chapter, a sign shall not be considered to be building or structural design, but shall be restricted solely to graphics, symbols or written copy. that is meant to be used in the aforementioned way. Sign definition does not exclude community event, non-profit or holiday messaging. "Sign area" means the entire area of a sign on which copy is to be placed. Only one side of a double-faced sign shall be included. The area of painted signs, individual letter signs, and other indirectly illuminated signs shall be calculated on the basis of the smallest rectangle, circle or spherical figure that will enclose the entire copy area of the sign. Any such calculation shall include the areas between letters and lines, as well as the areas of any devices, illuminated or non-illuminated, which are intended to attract attention. "Special event signs" means temporary signs used to announce a circus, a carnival, festivals, business activities or other similar events. -Page4- "Structural alteration" means any action that changes the height, size, or shape of the sign or any action that affects the base or support(s) of the sign. "Temporary sign" means any sign, banner, pennant, valance, flags (not intended to include flags of any nation, state, city or other governmental agency, or nonprofit organization), searchlights, balloons or other air- or gas-filled figures or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frame, intended to be displayed for a limited period of time only. Different types of temporary signs included in this category are construction, grand opening displays, real estate, special event, political and garage sale. "Wall" means any member or group of members, which defines the exterior boundaries of a building and which has a slope of 60 degrees or greater with the horizontal plane. The height of a wall shall be measured as the two-dimensional height from the average finish grade of the particular architectural building elevation adjacent to the wall to the finish roof plane. "Wall Primarv" means the vertical surface meeting the definition of a wall selected by the owner or owners representative to receive the allowable allocated sign square footaae. Wall signage shall not exceed 1 square foot for each lineal foot of wall selected "Wall Secondary" means the vertical surface meeting the definition of a wall selected by the owner or owners representative to receive up to fifty percent~50%) of the allowable allocated Sian sQUare footage of the Wall Primarv Wall signage shall not exceed 1 sauare foot for each lineal foot of wall selected "Wall Third or Fourth" means the vertical surface meeting the definition of a wall selected by the owner or owners representative to receive up to twenty five percent (25%) of the allowable allocated sign square footage of the Wall Primary Wall signage shall not exceed 1 square foot for each lineal foot of wall selected "Wall sign" means any sign attached to or painted directly on the wall or erected against the wall of a building being parallel or approximately parallel to said wall; and does not exceed a distance of 15 inches from said wall. Section 2. Section 15.24.050 Yelm Municipal Code is amended as follows: 15.24.050 Permit -Applications. A. All signs regulated by this chapter shall require issuance of a sign permit by the administrator; provided, that real estate signs, political signs, and garage sale signs which meet the provisions of this chapter do not require issuance of a sign permit. B. Applications for permits shall contain the name and address of the owner and user of the sign, the name and address of the owner of the property on which the sign is to be located, the location of the sign structure, drawings or photographs showing the design -PageS- and dimensions of the sign and details of its proposed placement ~ '' ~• •~" "~""" . The Application for a Sign Permit shall indicate Primary Secondarx and if available Third and Fourth Walls and such other pertinent information as the administrator may require. C An application for a digital messaging sign shall show comoliance with 15.24.120 Illumination. ED. Sign permits shall be issued no later than two weeks from the date of a complete application. Section 3. Section 15.24.080 Yelm Municipal Code is amended as follows: 15.24.080 Prohibited signs. Prohibited signs are subject to removal (except legal nonconforming signs as defined by this chapter) by the city at the owner's or user's expense. The following signs or displays are prohibited: A. Roof signs; B. Animated signs; C. Flashing signs; D Digital Changing Message signs not conforming to 15 24 120 Illumination. BE. Portable signs, except as provided under temporary signs; EF. Advertising vehicles; ~G. Signs which purport to be, or are, an imitation of, or resemble an official traffic sign or signal, or which bear the words "stop," "caution," "danger," "warning," or similar words; 6H. Signs which, by reason of their size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency or radio equipment vehicle; or which obstruct the visibility of traffic or street sign or signal device; ++I. Signs which are located upon or projecting over public streets, sidewalks, or rights- of-way, except as provided for awnings and marquees in YMC 15.24.280; ~J. Signs attached to utility poles; 3K. Off-premises signs; -Page6- +EL. Strings of banners, pennants, and other graffiti-like material. Section 4. Section 15.24.120 Yelm Municipal Code is amended as follows: 15.24.120 Illumination. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to avoid ewe-brightness, glare or reflection of light on private or public property in the surrounding area, ~t~ No electronic sign lamp may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. In no case may the brightness exceed 8 000 nits or eauivalent candelas during daylight hours or 1,000 nits or eauivalent candelas between dusk and dawn. Section 4. Section 15.24.170 Yelm Municipal Code repealed in its entirety: . Section 5. Section 15.24.190 Yelm Municipal Code amended as follows: 15.24.190 District regulations. A. Size and Type. -Page7- 1. Home Occupations. Home occupation signs relate to "home occupation" as defined in the zoning code. The sign shall be wall-mounted and shall not exceed four square feet in area, and cannot be internally illuminated, but may be indirectly illuminated. 2. Residential Subdivisions. Two signs identifying a subdivision may be permitted per entrance from an access street, provided said signs do not exceed 18 square feet in sign area each and five feet in height. Such signs can be monument, freestanding or fence-mounted. 3. Multifamily Complex. Each multifamily complex is permitted two signs per entrance from an access street identifying the complex, provided said signs do not exceed 18 square feet in sign area each and five feet in height. 4. Commercial, Industrial and Public Uses. a. Each single-occupancy building not in amultiple-building complex is permitted one monument or freestanding sign, per YMC 15.24.280 and one of any of the following signs: awning, marquee or wall, per YMC 15.24.280 b. Each multiple-occupancy building not in a multiple-building complex is permitted one monument or freestanding sign, plus one wall sign for primary exterior entrances as provided in YMC 15.24.280. c. Each building within amultiple-building complex is permitted one monument or freestanding sign per building, plus one wall sign for primary exterior entrances as provided in YMC 15.24.280. d. Each multiple-building complex is permitted two monument or freestanding signs per entrance per YMC 15.24.280. B. Location. Freestanding signs may be permitted anywhere on the premises except for within the sight triangle established by the Yelm building official. Monument signs can be located adjacent to property lines but not within the sight triangle established by the Yelm building official. Directory-type signs not to exceed six square feet in height are permitted only within multiple-building complexes such as business parks and governmental centers as an aid in client orientation. C. Wall Signs. The surface area of any building-mounted sign or canopy-mounted sign shall not exceed the figures derived from YMC 15.24280. ~D. Corner Signs. Corner signs shall be permitted, subject to the following criteria: -Page8- 1. If corner parcel with two street frontages and entrances on both streets and multi- building complex, a monument sign placed at the corner of the property can be a two- or three-faced sign; or 2. If corner parcel with two street frontages and entrances on both streets and multi- building complex, regular monument signs are permitted at each entrance. Section 6. Section 15.24.210 Yelm Municipal Code amended as follows: 15.24.210 Legal nonconforming signs. A. Legal nonconforming signs are those signs which were lawful prior to the date of adoption of the ordinance codified in this chapter, but which would be prohibited, regulated, or restricted under the terms of this chapter. 1. No such sign shall be changed in any manner that increases the noncompliance of such sign with the provisions of this chapter; 2. The burden of establishing a sign to be legally nonconforming under this section rests upon the person or persons, firm or corporation claiming nonconforming status for a sign; 43. When a business or activity containing a legal nonconforming sign is enlarged or remodeled to a value of 60 percent or more of existing value of real property improvements, then such sign must be brought in conformity with all provisions of this chapter; ~4. When a business or activity eet~a+rri~with a legal nonconforming off-premise sign changes the sign face or name of the business, then such off-premise sign must be brought into conformance with all provisions of this chapter; B. Violation of the Chapter. Any violation of this chapter shall terminate the right to maintain a legal nonconforming sign. C. No persons shall maintain or permit to be maintained on any premises owned or controlled by him/her any sign which has been abandoned. D. The right to maintain any legal nonconforming sign shall terminate and shall cease to exist whenever the sign is: 1. Damaged or destroyed by neglect beyond 50 percent. The determination whether a sign is damaged or destroyed beyond 50 percent shall rest with the building official and shall be based upon the actual cost of replacing said sign; and/or - Page 9 - 2. Structurally substandard under any applicable ordinance of the city to the extent that the sign becomes a hazard or danger. Section 7. Section 15.24.280 Ye1m Municipal Code amended as follows: 15.24.280 Sign area -Square footage maximums. A. Monument and Freestanding signs Property Line Bldg./Gross Floor Area Sign Height Sign Area (Per Side) Setback 5 000 s . ft. or less FS - 8 ft. MS-5ft. FS -21 s . ft. MS-42s .ft. 5 ft. 5 001- 10 000 s . ft. FS-8 ft. MS-5ft. FS-30s . ft. MS-51 s .ft. 5 ft. 000 sq. ft. 001 -35 10 Eft 10 ft. MS- FS -36 sq. ft. MS-51 sq.ft. 10 ft. , , 000 sq. ft. 001 -60 35 10 ft. MS- 6 S FS -42 sq. ft. MS-72sq.ft. 10 ft. , , f t 000 sq. ft. 001 -75 60 15 ft. MS- S 6 FS -75 sq. ft. MS-90 sq.ft. loft. , , f t 75,001 -100,000 sq. FS -15 ft. MS- FS -102 sq. ft. MS-120 15 ft. ft. Eft. s .ft. 000+ sq. ft. 100 FS -20 ft. MS- FS -150 sq. ft. MS-120 15 ft. , Eft. s .ft. FS -Freestanding sign MS- Monument sign B Flush mounted wall signs: ace in s S B Wall Primary Siqn Wall Secondary Wall Third Siqn Wall Fourth Sian us es p / Footl S Area Square Foot* Siqn Area Square Area Square Foot* Area Sic uare Foot* quare Foot* 0-500 22 s . ft. 11 s . ft. 6 s . ft. 6 s . ft. 500-2000 ft +2 sq ft 22 sa 50% Wall Primary 25% Wall Primary 25% Wall Primary . . . . for each additional Allowed Allowed Allowed 100 sa. ft. over 500 2000-5000 +1 2 sa 52 sq ft 50% Wall Primary 25% Wall Primary 25% Wall Primary . . . . ft. for each additional 100 sa. Allowed Allowed Allowed ft. over 2000 5000-10000 + 75 sg ft 88 sq 50% Wall Primary 25% Wall Primary 25% Wall Primary . . . . ft. for each additional 100 sa. Allowed Allowed Allowed ft. over 5000 10000-50000 + 38 126 sq ft 50% Wali Primary 25% Wall Primary 25% Wall Primary . . . sa. ft. for each additional 100 sa. Allowed Allowed Allowed ft. over 10000 50000-100000 ft + 23 278 sq 50°lo Wall Primary 25% Wall Primary 25% Wall Primary . , . sg. ft. for each additional 100 s . Allowed Allowed Allowed -Page 10 - Business Space Wall Primary Siqn Wall Secondary Wall Third Siqn Wall Fourth Siqn Square/ Footl Area Square Foot* Sign Area Square Area Square Foot* Area Square Foot* Foot* ft. over 50000 100000-200000 393 sq. ft. +.17 50% Wall Primary 25% Wall Allowed 25% Wall Primary sic . ft. for each additional 100 sg. Allowed Primary Allowed ft. over 100000 200001+ z z z z *Sign Area shall be the lesser of this column or 1 square foot for each lineal foot of wall 1Multi-Storied Building use first occupied floor ZTo be determined at permit application BC. Marquee sign: one square foot for each lineal foot of the front of the marquee or 30 percent coverage of the face of the marquee, whichever is less. 6D. Awning: one square foot for each lineal foot of the front of the marquee or 30 percent coverage of the face of the marquee, whichever is less. BE. Bonus Sign Area. Monument signs may be increased as follows: 1. Twenty percent when the sign for a multiple-occupancy building or multiple- building complex utilizes uniform coloring, material, and lettering for all establishments in the building or complex; 2. Ten percent when the sign is installed in a landscaped planter having an area four times the area of the sign. PASSED by the City Council of Yelm this 27th day of July, 2010. Ron Harding, Mayor AUTHENTICATED: nine Schnepf, City Jerk PUBLISHED: Nisqually Valley News, August 6, 2010 EFFECTIVE DATE: August 11, 2010 - Page 11 -