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324 Sign CodeTOWN OF YELM ORDINANCE NO. 324 AN ORDINANCE regulating and controlling the design, construction, location, use, elec- trification and maintenance of all signs and sign structures within the Town of Yelm; providing for the issuance of sign permits and collection of fees therefore; providing for inspections and classifications of signs; providing penalties for violations; and repealing Town of Yelm Ordinance No. 284 and Chapter 15.24 of the Yelm Municipal Code. BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF YELM, THURSTO14 COUNTY, WASHINGTON, as follows: SECTION ONE -- PURPOSE AND SCOPE SECTION 1.01 -- PURPOSE AND SCOPE The purpose of this Ordinance is to regulate and coordinate the type, size, placement, construction, use and maintenance of signs within the land -use zones in the Town of Yelm. No sign shall be permitted except in accordance with the provisions of this Ordinance. The primary purpose of this Ordinance is to regulate signs of a commercial nature intended to be viewed from any public right -of -way. This Ordinance does not regulate building design, official traffic or other governmental signs; the copy and message of signs; signs not intended to be viewed from a public right - of -way; window displays; product dispensers and point of purchase displays; scoreboards on athletic fields; flags of any nation, government, or noncommerical organization; gravestones; barber poles; religious symbols; commemorative plaques; the display of street numbers; or any display or construction not defined herein as a sign. SECTION TWO -- DEFINITIONS SECTION 2.01 -- DEFINITIONS All words used in this Ordinance shall carry their customary and ordinary meaning unless otherwise specifically defined herein. Words used in the present tense shall include the future tense, and the sinelar. shall include the plural, and vice versa. The words 'used" or "occupied" shall be considered as though followed by the words "or intended, maintained, arranged or designated to be used or occupied ". For the purposes of this Ordinance, the following terms, phrases, words and their derivatives shall have the meaning defined below: "ABANDONED SIGN" means a sign which no longer identi- fies or advertises a bona -fide business, lessor, service, owner, product, or activity, or a sign for which no legal owner can be found after reasonable inquiry. "ANIMATED SIGN" means any sign which uses movement or change of lighting to depict action or to create a special effect or scene. "AWNING" means a shelter projecting from and supported by the exterior wall of a building constructed of nonrigid materials on a supporting framework. "AWNING SIGN" means a sign painted on, printed on, or attached flat against the surface of an awning. "BANNER SIGN" means a sign made of fabric or any nonrigid material with no enclosing framework. "BUILDING" means a structure defined as a building in the Uniform Building Code. "BUILDING OFFICIAL" means the person so appointed and designated by the Mayor of the Town. "CHANGEABLE COPY SIGN" means a sign on which the copy is changed either manually or automatically on a lampbank or through mechanical means. "CLEARANCE" (of a Sign) means the shortest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade. "CONSTRUCTION SIGN" means a temporary sign identifying an architect, contractor, subcontractor, and /or mater- ial supplier participating in construction on the property on which the sign is located. "COPY" means the wording on a sign surface in either permanent or removable letter form. "DIRECTIONAL /INFORMATION SIGN" means a sign giving dir- ections, instructions, or facility information which may -2- contain no advertising copy. On- premises directional/ information signs shall be no larger than 6 square feet. Off - premises directional /information signs shall be no larger than 2 square feet and shall be white on blue. "DOUBLE -FACED SIGN" means a sign with two faces. "ELECTRICAL SIGN" means a sign or sign structure in which electrical wiring, connections, or fixtures are used. "FACADE" means the entire building front including the parapet. "FACE OF SIGN" means the sign area on which the copy is placed. "FIN SIGN means a sign that is supported wholly by a one story building of an open -air business as by poles placed in the ground or partly by such a pole or poles and by a building or structure. "FESTOONS" means a string of ribbons, tinsel, small flags, or pinwheels. "FLASHING SIGNS" means a sign which contains an inter- mittent or sequential flashing source of light used primarily to attract attention. This definition does not include changeable copy signs, animated signs, or signs which, through reflection or other means, create an illusion of flashing of intermittent light. "FREESTANDING SIGN" means a sign supported by poles or braces in the ground and not attached to any building. "FRONTAGE" means the length of the property line of any one premise along a public right -of -way on which it borders. "FRONTAGE BUILDING means the length of an outside building wall on a public right -of -way. "GOVERNMENT SIGN" - any temporary or permanent sign erected and maintained by the Town of Yelm, Thurston County, State of Washington or United States government or any lawful subdivision thereof. -3- "HEIGHT (of a Sign)" means the vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. "IDENTIFICATION SIGN" means a sign whereon the copy is limited to the name and address of a building, insti- tution, or person and /or to the activity or occupation being identified. "ILLEGAL SIGN" means a sign which does not meet the requirements of this Ordinance and which has not received legal nonconforming status. "ILLUMINATED SIGN" means a sign with an artifical light source incorporated internally or externally for the purpose of illumination. "INCIDENTAL SIGN" means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises. "LOT" means a parcel of land legally defined on a subdivision map recorded with the County Auditor or a parcel of land defined by a recorded survey map. "MAINTENANCE (of a Sign)" means the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign. "MANSARD" means a sloped roof or roof -like facade architecturally comparable to 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. "NAME PLATE" means a nonelectric on- premise identifi- cation sign giving only the name, address, and /or occupation of an occupant or group of occupants of the premises where the sign is situated. "NONCONFORMING SIGN" means a sign which was erected legally but which does not comply with subsequently enacted sign restrictions and regulations, or a sign which does not conform- to the sign Ordinance require- ments but for which a special permit has been issued. -4- "OCCUPANCY" means the portion of a building or premises owned, leased, rented, or otherwise occupied or inten- ded to be occupied for any given use. "OFF- PREMISE SIGN" means a sign structure advertising an establishment, merchandise, service, or entertain- ment, which is not sold, produced, manufactured, or furnished on the property whereon the sign is located. "ON- PREMISE SIGN" means a sign which pertains to the use of the premises on which it is located. "OWNER" means a person recorded as such on official records. For the purposes of this Ordinance, the owner of property on which a sign is located is presumed to be the owner of such sign unless the records of the Town reflect otherwise. "PAINTED WALL SIGN" means any sign which is applied with paint or similar substance on the face of a wall. "PARAPET" means the extension of a false front or wall above a roofline. "PERSON" means any individual, corporation, associa- tion, firm, partnership, or similarly defined interest. "POINT OF PURCHASE DISPLAY" means advertising of a retail item accompanying its display. "POLE COVER" means the covers enclosing or decorating structural supports of a sign. "POLITICAL SIGN" means a temporary sign used in connec- tion with a local, state, or national election or referendum. "PORTABLE SIGN" means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. "PREMISES" means a parcel of land with its appurten- ances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate. "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. -5- "REAL ESTATE SIGN" means a temporary sign advertising the real estate upon which it is located as being for rent, lease, or sale. "ROOFLINE" means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections. "ROOF SIGN" means any sign erected over or on the roof of a building. "ROTATING SIGN" means a sign which itself or a portion thereof moves in a revolving or similar manner. This definition does not include a changeable copy sign. "SIGN" means any device, structure, fixture or placard using graphics, symbols, and /or written copy designed specifically for the purpose of advertising or identi- fying any establishment, product, goods, or services. "SIGN AREA" means the area of that part of a sign used to display an integrated advertising message, as determined by circumscribing the exterior limits of the display with a circle, triangle or quadrangle correcting all extreme points. A.multi -faced freestand- ing or projecting sign shall have only one face (the largest one) counted in calculating its area. The sign area of a sign composed of one or two individual cabinets or modules shall be measured by determining the sum of the area around and enclosing the perimeter of each cabinet or module. The sign area of a sign composed of more than two sign cabinets or modules, shall be the area enclosing the entire perimeter of all cabinets or modules within a single, continuous geo- metric figure. Pole covers and other embellishments shall not be included in the measurement of sign area if they do not bear advertising copy. The sign area of wall signs shall be the area with a single continuous perimeter composed of any straight line geometric figure which encloses the extreme limits of the adver- tising message. If the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the sign area shall be the sum of the areas within the perimeter of each symbol or letter. "SNIPE SIGN" means a temporary sign or poster affixed to a tree, fence or similar support. "SUBDIVISION IDENTIFICATION SIGN" means a freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development. "TOWN" means the Town of Yelm. "UNIFORM BUILDING CODE" means the version of the Uniform Building Code currently adopted by the Town. "UNDER CANOPY SIGN" means a sign suspended beneath a canopy, ceiling, roof or marquee. "USE" means the purpose for which a building, lot, sign, or structure is intended, designed, occupied, or maintained. "WALL SIGN" means any sign attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the wall. "WINDOW SIGN" means a sign installed inside a window and intended to be viewed from the outside. SECTION THREE -- GENERAL PROVISIONS SECTION 3.01 -- SIGNS PROHIBITED It shall be unlawful for any person to errect, place, or maintain a sign in the Town except in accordance with the provisions of this Ordinance.The following types of signs are prohibited in all land -use zones: (a) Abandoned signs; (b) Searchlights other than those permitted on a temporary basis in Section 4.01 of this Ordinance; (c) Signs imitating or resembling official traffic or government signs or signals; (d) Snipe signs or signs attached to trees, telephone poles, public benches, street lights, or placed on any public property or public right -of -way; and (e) Flashing signs. SECTION 3.02 -- PERMITS REQUIRED Unless expressly exempt by the provisions of this Ordinance a permit shall be required for all signs within the Town. , No permit is required for the maintenance of a sign or for a change of copy on any existing permitted sign. -7- SECTION 3.03 -- SIGNS NOT REQUIRING PERMITS The following types of signs are exempt from permit re- quirements but must be in conformance with all other requirements of this Ordinance: (a) Off- premises directional signs for the Town and Industrial District; (b) Construction signs of 32 square feet or less; (c) Directional /Information on- premises signs of 6 square feet or less; (d) Holiday or special event decorations; (e) Name plates of 6 square feet or less; (f) Political signs; (g) Public signs or notices, or any sign relating to an emergency; (h) Real estate signs; (i) Window signs; and (j) Incidental signs. SECTION 3.04 -- MAINTENANCE All signs shall be maintained as prescribed by the Uniform Building Code. SECTION 3.05 -- LIGHTING Unless otherwise expressly prohibited by this Ordinance, all signs may be illuminated; provided, however, no sign regulated by this Ordinance may utilize: (a) An exposed incandescent lamp with an external reflector and without a sunscreen or comparable diffusion; (b) Any exposed incandescent lamp in excess of 200 watts unless a screen is attached or unless the sign is placed over 6 feet above the ground; or (c) Any revolving beacon light. SECTION 3.06 -- CHANGEABLE COPY Unless otherwise expressly prohibited by this Ordinance, any permitted sign may use manual or automatic changeable copy. SECTION FOUR - REGULATION OF ON- PREMISE SIGNS BY ZONE SECTION 4.01 -- SIGNS PERMITTED IN ALL ZONES The following signs are allowed in all zones: (a) All signs not requiring permits. (b) One construction sign for each street frontage of a construction project, not to exceed 32 square feet. Such signs may be erected 10 days prior to beginning of construction and shall be removed 10 days following completion and construction. (c) Two nunilluminated real estate signs per lot or premises, not to exceed 32 square feet each in sign area. Such signs must be removed 30 days following sale, rental, or lease of the property advertised therein. (d) One attached name plate per occupancy, not to exceed 6 square feet in sign area. (e) Four political signs per lot, not to exceed 32 square feet each in sign area. Such signs shall not be erected more than 30 days prior to the election or referendum concerned and shall be removed 5 days following such election or refer- endum; except for the winners of the primary election who may leave their signs erected until 5 days after the general election. Political signs may be placed only on private property and only with the permission of the property owner. (f) Temporary special events signs, searchlight and decoration as allowed by the Building Official for special events, grand openings, or holidays. Such signs and decorations may be erected 30 days prior to a special event or holiday and shall be removed 5 days following the event or holiday. For grand openings such signs may be used for no more than a total of 30 days. SECTION 4.02 -- SIGNS PERMITTED IN RESIDENTIAL ZONES Signs are allowed in residential zones as follows: (a) All signs allowed by the provisions of Section 4.01 of this Ordinance. (b) Subdivision identification signs. (c) One identification sign per street facing for apartment or condominium complex. (d) For permitted nonresidential uses, 1 sign per street facing. (e) One home occupation sign per street facing the residence, each not to exceed 3 square feet in sign area. (f) All allowed freestanding signs shall have a maximum height limit of 8 feet and shall have a setback of 10 feet from any public right -of -way. SECTION 4.03 -- SIGNS PERMITTED IN COMMERCIAL AND INDUSTRIAL ZONES Signs are allowed in commercial and industrial zones as follows: (a) All signs allowed by the provisions of Section 4.01 and 4.02 of this Ordinance. (b) Two freestanding signs per premises, not to exceed 1 square foot in sign area for each linear foot of main street frontage up to a maximum of 100 square feet. Such signs shall not exceed a height of 50 feet. (c) One wall sign per occupancy, not to exceed 1 square foot in sign area for each linear foot of main street frontage up to a maximum of 100 square feet. (d) One roof sign per premises, not to exceed 1 square feet in sign area for each linear foot of main street frontage up to a maximum of 100 square feet. (e) One awning sign per occupancy not to exceed 50 percent of the surface area of an awning, or 1 marquee sign, not to exceed 2 square feet in sign area for each linear foot of marquee front and side. (f) One under- canopy sign per occupancy, not to exceed six square feet in sign area. (g) Incidental signs not to exceed 4 square feet in aggregate sign area per occupancy. (h) One portable sign per lot, not to exceed 32 square feet in sign area or 6 feet in height. (i) One off - premises sign providing the facility advertised therein lies within a Commercial Zone. Such sign may have an arrow and the type of service available. Business names only may be included. Such sign shall not exceed 2 square feet. (j) Where a lot has in excess of 100 feet of main street frontage, one additional freestanding sign will be allowed for each additional 100 feet of main street frontage; each of which signs shall shall not exceed- the size limitations for other_ -10- allowed freestanding sign. (k) Where an occupancy has more than one main street frontage, one additional wall sign and one addi- tional freestanding sign are allowed on the additional frontage, each of which signs shall not exceed the size limitations of other allowed wall and freestanding signs. (1) A projecting sign may be used in place of any allowed wall or freestanding sign, provided such sign does not exceed a sign area of 1 square foot for each linear foot of building frontage up to a maximum of 100 square feet. (m) All freestanding, projecting, awning, marquee, and under - canopy signs shall have a minimum set back of five feet from any vehicular public right -of -way, and a minimum clearance of 18 feet over any vehicular use area and 8 feet over any pedestrian use area. SECTION FIVE -- NONCONFORMING SIGNS SECTION 5.01 -- DETERMINATION OF LEGAL NONCONFORMITY A sign existing on the effective date of this Ordinance which does not conform to the specific provisions of this Ordinance may be designated as a "legal nonconforming sign" provided that the Building Official determines that such sign is properly maintained and does not in any way endanger the public and the sign is covered by a valid permit or variance or is in compliance with all applicable laws on the effective date of this Ordinance. Legal nonconforming signs may remain until January 1, 1994 at which time such sign shall either be removed or made to conform to the requirements of this Ordinance. SECTION 5.02 -- LOSS OF LEGAL NONCONFORMING SIGN STATUS A legal nonconforming sign may lose such designation if the sign is relocated or replaced or if the structure or size of the sign is altered in any way except towards compliance with this Ordinance. -11- SECTION 5.03 -- MAINTENANCE AND REPAIR OF NONCONFORMING SIGNS A legal nonconforming sign is subject to all requirements of this code regarding safety, maintenance, and repair; how- ever, if such sign suffers more than 75% appraised damage or deterioration, it must be brought into conformance with this Ordinance or removed. SECTION SIX -- CONSTRUCTION SPECIFICATIONS SECTION 6.01 -- COMPLIANCE WITH BUILDING AND ELECTRICAL CODES All signs shall be constructed, erected and maintained in accordance with the applicable requirements of the Uniform Building Code (including, without limitation, all anchoring and wind load requirements thereof) and any Electrical Code adopted by the Town. SECTION 6.02 -- ADDITIONAL CONSTRUCTION SPECIFICATIONS (a) No sign shall be errected, constructed or main- tained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress. (b) No sign shall be erected or attached in any manner which will interfere with any opening required for ventilation; provided, however signs may be erected in front of and may cover transom windows if not otherwise in violation of the provisions of the Uniform Building Code or any Fire Preven- tion Codes adopted by the Town. (c) Signs shall be located in such a way as to main- tain horizontal and vertical clearance of all overhead electrical conductors in accordance with any Electrical Code adopted by the Town. SECTION 7.01 -- ADMINISTRATION The Building Official is authorized to process applications for permits and variances, hold public hearings as required, and enforce and carry out all provisions of this Ordinance. The Building Official is empowered, upon presentation of proper credentials, to enter any building, structure, or premises in the Town for the purpose of inspecting a sign and its structural and electrical connections to ensure compliance with this Ordinace. Such inspections shall be carried out during business hours unless an emergency exists. -12- SECTION 7.02 -- APPLICATION FOR PERMITS Application for a permit for the erection, alternation, or relocation of a sign shall be made to the Building Official on forms prescribed by the Building Official which shall include the following information: (a) The name, address and signature of the owner of the sign; (b) The street address or location of the property on which the sign is to be located and the name and address of the owner of that property; (c) The type of sign or sign structure as defined in this Ordinance; (d) A site plan showing the proposed location of the sign relative to the boundary lines of the pro- perty where it will be situated, the locations and square footage areas of all existing signs on the same premised, and the location of all abutting public rights -of -way, building and other structures on those premises; and (e) Specifications and scale drawings showing the materials, design, dimensions, structural sup- ports, and electrical components of the proposed sign. SECTION 7.03 -- PERMIT FEES All applications for permits filed with the Building Official shall be accompanied by a payment of the initial permit fee of $20.00 for each sign. The owner of the sign shall also be liable to the Town for payment of the cost of additional inspections required by the Building Official to effect comp- liance with this Ordinance, which such inspection fee shall be assessed at the rate of $15.00 per inspection. SECTION 7.04 -- ISSUANCE AND DENIAL The Building Official shall issue a permit for the erection, alteration, or relocation of a sign within 10 days after receipt of a valid application and payment of the applicable fee therefore, provided that the sign complies with all provisions of this Ordinance. In all applications, where a matter in interpretation arises, the more specific definition or higher standard shall prevail. When the issuance of a permit is denied by the Building Official, written notice thereof shall be given to the -13- applicant, together with a brief statement of the reasons for the denial. The Building Official may suspend or revoke an issued permit for any false statement or misrepresenta- tion of fact in the application therefor. SECTION 7.05 -- PERMIT CONDITIONS, REFUNDS, AND PENALTIES If a permit is denied or the application withdrawn the basic permit fee will not be refunded to the applicant. A permit issued by the Building Official shall become null and void if the erection, alteration, or relocation of the sign covered thereby is not commenced within 180 days of issuance. If work authorized by the permit is suspended or abandoned for 180 days, the permit must be renewed and an additional fee of $10.00 paid therefor. SECTION 7.06 -- INSPECTION UPON COMPLETION Any person installing, altering, or relocating a sign for which a permit has been issued shall notify the Building Official upon completion of the work authorized by the permit. SECTION 7.07 -- VARIANCES Variances from certain requirements of this Ordinance may be granted by the Town Council upon recommendation of the Town Planning Commission, when the following criteria are met; (a) A literal application of the Ordinance require- ments would not allow the property to be used at its highest and best use as zoned; (b) The granting of the requested variance would not be materially detrimental to other property owners in the vicinity; (c) A literal interpretation of this Ordinance would create a particular hardship for the sign and /or property owner due to conditions unique to the property concerned which are not general appli- cable in the Town; and (d) The granting of the variance would not be contrary to the general objectives of this Ordinance. In granting a variance, the Town Council may impose such additional requirements as may be deemed necessary to carry out the spirit and purpose of this Ordinance and serve the public interest. -14- SECTION 7.08 -- VIOLATIONS If, upon inspection, the Building Official determines that a sign has been abandoned or is materially defective or some other violation of this Ordinance exists, the Building Official shall issue a written order to the owner of the sign and the owner of the premises where the sign is situated, specifying therein the nature of the violation and requiring that such violation be corrected or the sign removed within 30 days of the date of the order. In emergency situations, the Building Official may cause the immediate removal or demolition of a dangerous or defective sign without notice, if the Building Official determines that the continued existence of such sign constitutes a clear and present danger to the public safety as defined in the Uniform Building Code. SECTION 7.09 -- REMOVAL OF SIGNS BY THE BUILDING OFFICIAL The Building Official may cause the removal or demolition of an illegal sign in cases of emergency, or for failure to comply with a written order of removal or repair and the owner of such sign shall be liable to the Town for the cost of such removal or demolition. After removal or demolition of a sign by the Building Official, a notice shall be mailed to the sign owner and to the owner of the property where such sign is located, specifying therein the reason for the removal or demolition, the nature of the work required and the date on which it was performed. Such notice shall also contain a demand for payment of the cost of removal or demolition as certified by the Building Official. If the amount specified in the notice is not paid within 30 days of the date of the notice, such obligation shall become a lien against the property of the sign owner and will be certified as an assessment against the property, together with a penalty for cost of collection and reasonable legal fees, in the same manner as real estate taxes. For purposes of removal, the definition of sign shall include all sign embellishments and structures designed specifically to support the sign. SECITON 7.10 -- APPEALS Any person aggrieved by the issuance of a Building Official's order alleging a violation of this Ordinance may appeal the determination therein to the Town Council provided such appeal is filed with the Town Clerk within 30 days of the date of such order. Any person aggrieved by the (see page 16) -15- Building Official's failure to respond to a permit a�plica- tion within 10 days of the date such aplication was filed or the Building Official's denial of a permit, may appeal such lack action or denial to the Town Council provided such appeal is filed with the Town Clerk within 90 days of the Building Official's receipt of the application. SECTION EIGHT -- CONFLICT, SEVERABILITY, AND EFFECTIVE DATE SECTION 8.01 -- CONFLICT If any portion of this code is found to be in conflict with any other provision of any zoning, building, fire, safety, or health ordinance adopted by the Town, the provision which establishes the higher standard shall obtain. SECTION 8.02 -- SEVERABILITY If any section, subsection, sentence, clause, or phrase of this code or its application to any person or circumstance is held invalid by the decision of any court of competent jurisdiction, the remainder of this Ordinance or the appli- cation of the provision to other persons or circumstances shall remain in full force and effect. SECTION 8.03 -- EFFECTIVE DATE This code shall take effect September 25 1986. Mayor Attest: —'Town Clerk Passed: September 24 , 1986 Approved: September 24_, 1986 Published: October 30 F, 1986 -16-