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576 Sign Code 1996CITY OF YELM ORDINANCE NO. 576 AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, RELATING TO adoption to regulating and controlling the design, construction, location, use, electrification and maintenance of all signs and sign structures within the City 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 City of Yelm Ordinance No. 324 of the Yelm Municipal Code. WHEREAS, the Yelm Planning Commission and the City Council held a ~ duly-noticed public hearing regarding such sign code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM DOES HEREBY ORDAIN AS FOLLOWS: Section 1. ADOPTION BY REFERENCE. The Sign Code is hereby adopted by reference as set forth in full. Section 2. SEVERABILITY. If any provisions of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provisions to other persons or circumstances is not affected. Section 3. EFFECTIVE DATE. This ordinance shall take effect five days after its passage, approval and publication. s" I..~~ Kathryn M. Wolf, Mayor ATTEST: ~~tG~ ~, A n s P. Bennick, City Clerk PASSED AND APPROVED: April 10, 1996 PUBLISH: Nisqually Valley News, April 18, 1996 CITY OF YELM ORDINANCE NO. 576 YELM ON-PREMISES/OFF-PREMISES SIGN REGULATIONS Sections: 15.24.010 Intent 15.24.020 Definitions and Abbreviations 15.24.030 Permits and Fees Required 15.24.040 Permit--Requirements 15.24.050 Permit--Applications 15.24.060 Fee Schedule 15.24.070 Exemptions 15.24.080 Prohibited Signs 15.24.090 Temporary Signs 15.24.100 Structural Requirements 15.24.110 Electrical Requirements 15.24.120 Illumination 15.24.130 Maintenance 15.24.140 Landscaping for Free-Standing Signs 15.24.150 Inspection 15.24.160 More Restrictive Provision to Apply 15.24.170 Buildings Facing on Two Parallel Streets 15.24.180 Signing on Awnings and Marquees 15.24.190 District Regulations 15.24.200 Variances 15.24.210 Legal Nonconforming Signs 15.24.220 Termination of Signs 15.24.230 Administrator-Appointment-Powers and Duties Generally 15.24.240 Administrator-Inspection Authority 15.24.250 Conflict and Severability 15.24.260 Violation-Penalty 15.24.270 Removal of Unlawful Signs 15.24.280 Sign Area - Square Footage Maximums 15.24.290 Grand Opening/Special Event Sign Area Maximums 15.24.010 Intent. The intent of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating the number, size, design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures; to preserve and improve the appearance of the City as a place in which to live and as an attraction to non-residents who come to visit or trade; to encourage sound signing practices as an aid to business and for public information but to prevent excessive and confusing signing displays. (Ord. 588 §2 (part) , 1980) 15.24.020 Definitions and Abbreviations. For the purpose of this CITY OF YELM ORDINANCE NO. 576 chapter, definitions as defined in Chapter 16.06 and certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this section. A. "Abandoned sign" means any sign which is located on property which becomes vacant and unoccupied for a period of six (6) 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. B. "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. C. "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, changing message center signs, searchlights and flags. D. "Awning" is a shelter supported entirely from the exterior wall of a building. E. "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. F. "Changing message center signs" means an electronically or electrically controlled sign where different automatic changing messages are shown on the same lamp bank. G. "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. H. "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 CITY OF YELM ORDINANCE NO. 576 the definition are public service and changing message center signs. I. "Free-standing sign" means any sign which is supported by one or more uprights, poles or braces in or upon the ground. J. "Garage sale signs" (i.e., yard sales, moving sales, patio sales) means temporary signs used to announce a sale of used items. K. "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. L. "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. M. "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. N. "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. O. "Legal nonconforming sign" means a sign which (a) 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 (b) 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. P. "Mansard roof" means a sloped roof or roof-like facade architecturally able to be treated as a building wall. Q. "Marquee" is a permanent roofed structure attached to and supported by the building and projecting over public property. CITY OF YELM ORDINANCE NO. 576 R. "Marquee Sign" means any sign attached to or supported by a marquee. S. "Monument sign" is a ground mounted sign which is higher than 3 feet above the average ground elevation and which is attached to the ground by means of a wide base of solid appearance. T. "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. U. "Multiple occupancy building" means a single structure housing more than one retail business, office or commercial venture. V. "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. W. "Portable (mobile) sign" means a sign made of any material, which by is 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.) X. "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. Y. "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. Z. "Real estate or property for sale, rental, or lease sign" means any sign pertaining to the sale, lease or rental of land or buildings. AA. "Roof sign" means any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. BB. "Searchlight" means an apparatus containing an electric light and reflector on a swivel for projecting a far-reaching beam in any desired direction. CITY OF YELM ORDINANCE NO. 576 CC. "Shopping Center" - see "T" above. DD. "Sign" means any commercial communication device, structure or fixture that is extended to aid an establishment in identification and to advertise and/or promote a business, service, 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. EE. "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. FF. "Special event signs" means temporary signs used to announce a circus, a carnival, festivals, business activities or other similar events. GG. "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. HH. "Wall" means any member or group of members, which defines the exterior boundaries of a building and which as 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. II. "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 CITY OF YELM ORDINANCE NO. 576 exceed a distance of fifteen (15) inches from said wall. (Ord. 588 ~2 (part), 1980, Ord. 817 ~2(part), 1987, and Ord. 942 ~1(part), 1992.) 15.24.030 Permits and Fees Required. No sign permit shall be issued unless the sign installer has a valid Washington State contractors license; provided, however, an applicant may obtain a permit to install a sign on their own property without a state license. (Ord. 588 §2 (part), 1980 and Ord. 942 ~1 (part), 1992.) 15.24.040 Permit--Requirements. No sign governed by the provisions of this Code shall be erected, structurally altered or relocated by any person, firm or corporation after the da*e of adoption of this Code without a permit issued by the City (with the exceptions as noted.) No new permit is required for signs which have permits and which conform with the requirements of this Code on the date of its adoption unless and until the sign is structurally altered or relocated. (Ord. 588 §2 (part), 1980.) 15.24.050 Permit--Applications. 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 and dimensions of the sign and details of its proposed placement and such other pertinent information as the Administrator of this Code may require, to insure compliance with this Code and other applicable ordinances. Permit applications shall be available for inspection by the public upon request. Upon completion of a permit application, the application shall be acted on within two (2) weeks unless there is a requirement for further time under SEPA. (Ord. 588 §2 (part) , 1980.) 15.24.060 Fee Schedule. Fees for sign permits shall be established by the Building Official as determined by the Uniform Building Code (adopted edition.) (Ord. 588 ~2(part), 1980 and Ord. 666 §37, 1982.) 15.24.070 Exemptions. The following signs do not require a sign permit (unless noted,) nor shall the area and number of such signs be included in the area and number of signs permitted for any site or use. This shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance and its compliance with the provisions of this chapter or any other law or ordinance: A. The flag, emblem or insignia of a nation or other governmental unit or nonprofit organization subject to the guidelines concerning their use set forth by the government or CITY OF YELM ORDINANCE NO. 576 organization which they represent. Flag poles require a sign permit for structural review. B. Memorial signs or tablets, names of building, stained glass windows and dates of erection when cut into the surface or the facade of the building or when projecting not more than two (2) inches. C. Traffic or other municipal signs, signs required by law or emergency, railroad crossing signs, legal notices; and any temporary, or non-advertising signs as may be authorized by the City Council. D. Signs of public utility companies indicating danger or which serve as an aid to public safety or which show the location of underground facilities or of public telephones. E. Flush-mounted wall signs, used to identify the name and address of the occupant for each dwelling provided the sign does not exceed two (2) square feet in sign area. F. Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, which signs are designed and located to be viewed exclusively by patrons of such use or uses. G. One bulletin board not over fifty (50) square feet in sign area for each public, charitable or religious institution where the same are located on the premises of said institution. (A sign permit is required.) H. Decorations: Such signs in the nature of decoration, clearly incidental and customary and commonly associated with any national, local or religious holiday. I. Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy of message thereon shall not be considered an erection or alternation which requires a sign permit unless a structural change is made. J. Sculptures, fountains, mosaics and design features which do not incorporate advertising or identification. K. "No trespassing," "no dumping," "no parking," "private," signs identifying essential public needs (i.e., restrooms, entrance, exit, telephone, etc.) and other informational warning signs, which shall not exceed two (2) square feet in surface area. L. Directional signs erected by the City on public streets directing the public to emergency, public, civic or nonprofit CITY OF YELM ORDINANCE NO. 576 facilities. Such sign may have an arrow and the type of service available. Such sign shall not exceed two square feet. (Ord. 588 §2 (part), 1980 and Ord. 942 §1(part), 1992.) 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. Portable signs, except as provided under temporary signs. E. Advertising vehicles. F. 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. G. 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. H. Signs which (are located upon) projecting over public streets, sidewalks, or rights-of-way, except as provided for awnings and marquees in Section 15.24.280. I. Signs attached to utility poles. J. Off-premises signs. K. Strings of banners, pennants, and other graffiti-like material. (Ord. 588 §2 (part), 1980, Ord. 817 §2 (part), 1987, and Ord. 942 §1 (part), 1992.) 15.24.090 Temporary Signs. The following signs are classified as temporary (non-permanent.) Temporary signs are permitted subject to the applicable limitations: A. Construction Signs. A sign permit is required. Such signs may be displayed only after a building permit is obtained and during the period of construction on the construction site. CITY OF YELM ORDINANCE NO. 576 Only one such sign is permitted per construction project for each public street upon which the project fronts. The applicable limits are as follows: 1. In all zones other than single-family residential zones, no construction sign shall exceed thirty-two (32) square feet in sign area (printed copy on one side only) or ten (10) feet in height, nor be located closer than ten (10) feet from the property line or closer than thirty (30) feet from the property line from the abutting owner. 2. In single-family residential zones, no construction sign shall exceed thirty-two (32) square feet in sign area (printed copy on one side only) or ten (10) feet in height, nor be located closer than ten (10) feet from the property line of the abutting owner. B. Grand Opening Displays. A no-fee sign permit is required. Such temporary signs, posters, banners strings of lights, clusters of flags, balloons or other aid or gas filled figures, and searchlights are permitted on premise only and for a period of fourteen (14) days only to announce the opening of a completely new enterprise or the opening of an enterprise under new management. Square footage of allowable temporary sign area is provided in Section 15.24.290. Sandwich Board signs are permitted provided each side does not exceed 2~' x 4'. All such materials shall be removed immediately upon the expiration of fourteen (14) days. Search lights may be permitted by any business or enterprise provided the beam of light does not flash against any building or does not sweep an arc of more than forty five degrees (450) from vertical. C. Special Event Signs-for Businesses and Organizations. A no- fee sign permit is required. Such temporary signs may be placed on premise only and shall not be larger than twenty (20) square feet. Sandwich Board signs are permitted provided each side does not exceed 2;~' x 4'. Said signs shall not be posted or attached to telephone poles, power poles or other public utility facilities. Such signs may be permitted on premise only and for a period of fourteen (14) days only. Special events are limited to four (4) per year. The event committee for which the sign is displayed shall be responsible for its removal and subject to the penalties as provided in this Code. Search lights may be permitted by any business or enterprise provided the beam of light does not flash against any building or does not sweep an area of more than forty five degrees (450) from vertical. D. Real Estate Signs. No sign permit is required. All exterior CITY OF YELM ORDINANCE NO. 576 real estate signs must be of wood or plastic or other durable material. The permitted signs, with applicable limits, are as follows: 1. Residential "for sale", "open house", and "sold" signs: Such signs shall be limited to one sign per street frontage not to exceed five (5) square feet in sign area, placed wholly on the property for sale, and not to exceed a height of seven (7) feet. 2. Residential directional "open house" signs shall be permitted during daylight hours on weekends only and must be placed out of the way of pedestrian traffic. 3. Undeveloped commercial and industrial property "for sale or rent" signs : One sign per street frontage advertising undeveloped commercial and industrial property for sale or rent. The sign shall not exceed thirty-two (32) square feet in sign area and ten (10) feet to top of sign. 4. Developed commercial and industrial property "for sale or rent" signs: One sign per street frontage advertising a commercial or industrial building for rent or sale is permitted while the building is actually for rent or sale. If one face of the building is less than ten (10) feet from the property line, the sign shall be placed on the building or in a window. The sign shall not exceed ten (10) feet to top of sign, if free-standing, shall be located more than fifteen (15) feet from any abutting property line and a public right-of-way line. Said sign shall not exceed thirty-two (32) square feet in sign area. 5. Undeveloped residential property "for sale" signs: One on-premise sign per street frontage advertising undeveloped residential property for sale is permitted not exceeding thirty-two (32) square feet in sign area. Said sign must be placed more than thirty (30) feet from the abutting owner's property line and may not exceed a height of ten (10) feet to top of sign. E. Political Signs. No sign permit is required. Political signs or posters may be placed upon private property only and shall not be larger than ten (10) square feet of sign area and shall not be posted or attached to telephone poles, power poles or other public utility facilities. Such signs may be displayed no sooner than the next to the last Monday in July prior to an election (except for special elections which may display such signs no sooner than forty-five (45~ days prior to the CITY OF YELM ORDINANCE NO. 576 election) and must be removed seven (7) days after the election in which the candidate or issue advertised on a sign has been determined. For a successful candidate in a primary election the sign may remain until the final election, but shall be removed within seven (7) days after the election. The candidate or committee for which the sign is displayed shall be responsible for its removal and subject to the penalties as provided in this Code. F. Garage Sale (Yard Sales, Moving Sales, Patio Sales.) No sign permit is required. Such sign shall be limited to one (1) sign on the premises. No such sign shall exceed four (4) square feet in the sign area. The sign may be displayed only during the sale and must be removed the day the sale ends . The person or persons for which the sign is displayed shall be responsible for its removal and subject to the penalties as provided in this Code. No individual shall be permitted to have more than two (2) garage sales per calendar year and shall not exceed five consecutive days. (Ord. 284 ~9, 1983, Ord. 255 §4, 1981, Ord. 588 §2 (part), 1980 and Ord. 942 §1 (part) , 1992. ) 15.24.100 Structural Requirements. The structure and erection of signs or flag poles within the City shall be governed by the Uniform Building Code, 1994 Edition (or any superseding edition adopted by the City.) Ord. 588 ~2(part), 1980.) 15.24.110 Electrical Requirements. Electrical requirements for signs within the City shall be regulated by the Department of Labor and Industries. (Ord. 588 §2 (part), 1980.) 15.24.120 Illumination. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to avoid undue brightness, glare or reflection of light on private or public property in the surrounding area, and so as to avoid unreasonable distracting pedestrians or motorists. "Undue brightness" is illumination in excess of that which is reasonable necessary to make the sign reasonable visible to the average person on an adjacent street. (Ord. 588 ~2(part), 1980.) 15.24.130 Maintenance. All signs, including signs heretofore installed shall be constantly maintained in a state of security, safety, appearance and repair. If any sign is found not to be so maintained or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is erected to repair or remove the sign within fifteen (15) days after receiving notice from the Building Official. The premises surrounding a free-standing sign shall be free and clear of rubbish and the landscaping area maintained in a CITY OF YELM ORDINANCE NO. 576 tidy manner. (Ord. 588 §2 (part), 1980 and Ord. 942 §1 (part), 1992. ) 15.24.140 Landscaping for Free-standing and Monument Signs. All free standing and monument signs shall include as part of their design landscaping about their base so as to improve the overall appearance of the installation. (Ord. 588 §2 (part), 1980 and Ord. 942 §1(part), 1992.) Landscaping areas shall consist of the following: 50% of the sign area of which 50o Shrubs - (Minimum 50% flowering decorative shrubs,) 50o Ground Cover, or Cultivated flower beds - (Grass not allowed.) 15.24.150 Inspection. All sign users shall permit the periodic inspection of their sign by the City upon City request. (Ord. 588 §2 (part) , 1980. ) 15.24.160 More Restrictive Provision to Apply. Whenever two (2) provisions of this Code overlap or conflict with regard to the size or placement of a sign, the more restrictive provision shall apply. (Ord. 588 §2 (part), 1992.) For those buildings on the Yelm Historic Register, the historic name painted or affixed to the building shall not be included in the sign calculations. 15.24.170 Buildings Facing on Two Parallel Streets/or Corner. Single or multiple occupancy buildings whose premises extend through a block to face onto parallel streets with customer entrances on each street are permitted signs as per Section 16.75.180(I) per street frontage as per Section 16.75.180(I). Provided, however, that each sign is located on different street frontages and are separated more than one hundred (100) feet measured in a straight line between the signs. Signage for buildings located on corner streets shall be permitted 1500 of the allowed sign area, per Section 15.24.280, with a maximum 100% of area on one (1) street frontage. (Ord. 588 §2 (part) , 1980 and Ord. 942 §1 (part), 1992.) 15.24.180 Signage on Awnings and Marquees. Signage will be allowed on awnings and marquees in commercial and industrial zones of the City. Such Signage shall be limited to thirty percent (30%) coverage of the face of the marquee or (1) square foot for each lineal foot of the front of the marquee, whichever is less. The Signage area 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 calculations shall include the areas between letters and lines as well as the areas of any devices which are intended to attract attention. (Ord. 817 §4, 1987.) Signage area shall be included in the overall calculation of total allowable for the building. 15.24.190 District Regulations. CITY OF YELM ORDINANCE NO. 576 A. General. This section shall apply to all zones designated in Title 17, of the Yelm Municipal Code (Zoning Code.) B. Size and Type. 1. Home Occupations. Home occupation signs relate to home occupation as defined in the Zoning Ordinance. The sign shall be wall-mounted and shall not exceed four (4) square feet in area, and cannot be internally illuminated, but may be indirectly illuminated. 2. Single-family Subdivisions. Two (2) signs identifying a subdivision may be permitted per entrance from an access street, provided said signs do not exceed eighteen (18) square feet in sign area each and five (5) feet in height. Such signs can be monument, free standing or fence mounted. 3. Multifamily Complex. Each multifamily complex is permitted two (2) signs per entrance from an access street identifying the complex, provided said signs do not exceed eighteen (18) square feet in sign area each and five (5) feet in height. 4. Commercial, Industrial and Open Space/Institutional Districts. a. Each single occupancy building not in a multiple building complex is permitted one monument or free standing sign, per Section 15.24.280 and one (1) of any of the following signs: awning, marquee, or wall, per Section 15.24.280. b. Each multiple occupancy building is permitted one monument or free standing sign per building, plus one wall sign for primary exterior entrances as provided in Section 15.24.280. c. Each multiple building complex is permitted one monument or free standing sign per building, plus one wall sign for primary exterior entrances as provided in Section 15.24.280. 5. Commercial Subdivisions and Business Park District. Each commercial subdivision or business park is permitted two (2) signs per entrance, one (1) wall sign per tenant, per Section 15.24.280. C. Location. Free standing 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 CITY OF YELM ORDINANCE NO. 576 signs not to exceed six (6) square feet in height are permitted only within multiple building complexes such as business parks and governmental centers as an aide in client orientation. D. Wall signs. The surface area of any building-mounted sign or canopy-mounted sign shall not exceed the figures derived from Section 15.24.280. E. Illumination. Illumination, if used, shall be what is known as a white or yellow bulb and shall not be blinking, fluctuating or moving. Light rays shall shine only upon the sign or upon the property within the premises and shall not spill over the property lines, in any direction, except by indirect reflection. F. Corner Signs. Corner signs shall be permitted, subject to the following criteria: 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 2 or 3 faced sign; or, If corner parcel with 2 street frontages and entrances on both streets and multi-building complex, regular monument signs are permitted at each entrance. 15.24.200 Variances. Variances from provisions of this chapter may be granted by the City Council on recommendation of the Planning Commission in accordance with Chapter 17.96, of the Yelm Municipal Code. (Ord. 588 §2 (part), 1980.) 15.24.210 Legal Nonconforming Signs. A. Continuance. Any sign which is in conformance with the existing code may be continued to be in operation and be maintained after the effective date of the ordinance codified in this chapter and shall become a legal nonconforming sign provided: 1. No such sign shall be changed in any manner that increases the noncompliance of such sign with the provision of ordinance codified in this chapter established for signs in the District in which the sign is located. 2. The burden of establishing a sign to be legally nonconforming under this section rests upon the person or persons, firm or corporation claiming legal status for a sign. CITY OF YELM ORDINANCE NO. 576 3. "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. When a sign is structurally altered, it ceases to be a legal nonconforming sign and must conform with the provisions of this chapter. 4. When a business or activity containing a legal nonconforming sign is enlarged or remodeled to a value of sixty (60) percent or more of existing value of real property improvements, then such sign must be brought in conformity with this chapter. 5. When a business or activity containing a legal nonconforming sign changes the type or name of the business, then such sign must be brought into conformance with this chapter. 6. The use of temporary and/or special event signs such as banners, which were purchased prior to the adoption date of this code may be continued until such time the sign is replaced. Proof of purchase date is the responsibility of the applicant. B. By Violation of the Chapter. Any violation of this chapter shall terminate immediately the right to maintain a nonconforming sign. (Ord. 588 ~2(part), 1980 Ord. 942 §1 (part) , 1992. ) 15.24.220 Termination of Signs. A. By Abandonment. No persons shall maintain or permit to be maintained on any premises owned or controlled by him/her any sign which has been abandoned. B. By Destruction, Damage, Obsolescence or Danger. The right to maintain any legal non-conforming sign shall terminate and shall cease to exist whenever the sign is: 1. Damaged or destroyed beyond fifty percent (500). The determination whether a sign is damaged or destroyed beyond 50 percent (500) shall rest with the Building official and shall be based upon the actual cast of replacing said sign; and/or 2. Structurally substandard under any applicable ordinance of the City to the extent that the sign becomes a hazard or danger. (Ord. 588 §2 (part), 1980.) 15.24.230 Administrator-Appointment-Powers and Duties Generally. The Building Official shall be appointed and removed by the City Administrator. The Administrator is authorized and directed to enforce and carry out all provisions of this Code, both in letter CITY OF YELM ORDINANCE NO. 576 and spirit, with vigilance and with all due speed. To that end, the Administrator is authorized to formulate procedures consistent with the purpose of this Code. The Administrator is further empowered to delegate the duties and powers granted to and imposed upon him under this Code . As used in the code, "Administrator of this Code" or Administrator shall include their authorized representative. (Ord. 588 ~2(part), 1980 e ) 15.24.240 Administrator-Inspection Authority. The Administrator is empowered to enter or inspect any building, structure of premises in the City, upon which or in connection with which, a sign, as defined by this Code, is located, for the purpose of inspection of the sing, its structural and electrical connections and to insure compliance with the provisions of this Code. Such inspections shall be carried out during business hours unless an emergency exists. (Ord. 588 ~2(part), 1980.) 15.24.250 Conflict and Severability. If any provision of this Code is found to be in conflict with any other provision of any zoning, building, fire, safety or health ordinance or code of the City, the provision which establishes the higher standard shall prevail. (Ord. 588 ~2(part), 1980.) 15.24.260 Violation - Penalty. A. Violation of the provisions of this Code or failure to comply with any of its requirements shall constitute a misdemeanor, and such violation shall be punished as proved by the statues of the State of Washington for the commission of a misdemeanor. Each day such violation continues shall be considered a separate offense. B. The erector, owner or user of an unlawful sign or the owner of the property on which an unlawful sign is located and maintains such violation may each be found guilty of a separate offense and suffer the penalties as provided for in the preceding paragraph. (Ord. 588 §2 (part), 1980.) 15.24.270 Removal of Unlawful Signs. A. Any unlawful permanent type sign which has not been removed within thirty (30) days after conviction of violation or imposition of civil penalty, may be removed by the city and the costs charged to the violator. If removal costs have not been paid and the sign reclaimed within thirty (30) days of it removal by the city, the City may sell or otherwise dispose of the sign and apply the proceeds toward costs of removal. Any proceeds in excess of costs of removal shall be paid to the CITY OF YELM ORDINANCE NO. 576 owner of the sign. B. Signs which the Administrator find upon public streets, sidewalks, rights-of-way or other public property or which wheresoever located present an immediate and serious danger to the public because of their unsafe condition may be immediately removed by the Administrator without prior notice. C. Any unlawful temporary or portable type sign located on private property which has not been removed after twenty four (24) hours from notification may be removed by the City. The sign may be reclaimed by the owner after a civil penalty of one hundred (100) dollars has been paid. If the sign has not been reclaimed within thirty (30) days of its removal by the City, the City may sell or otherwise dispose of the sign and apply the proceeds toward costs of the removal. Any proceeds in excess of costs of the removal shall be paid to the owner of the sign. Neither the City nor any of its agents shall be liable for any damage to the sign when removed under this section. (Ord. 588 ~2(part), 1980 and Ord. 942 §1(part), 1992.) Section 15.24.280 Sign Area - Square Footage Maximums Blda./Gross Sia n He iaht Sia n Area ( Per Pr operty Floor Area Side line Setback 5,000 sq ft or FS - 8 ft FS - ~ 20 sq ft 5 ft less MS - 5 ft MS - 40 sq ft 5,001 - 10,000 FS - 8 ft FS - z`~ 30 sq ft 5 ft sq ft MS - 5 ft MS - ~ 50 sq ft 10,001 - FS - ~ 10 ft FS - ~ 35 sq ft 10 ft 35,000 sq ft MS - ~ 6 ft MS - 50 sq ft 35,001 - FS - 10 ft FS - 40 sq ft 10 ft 60,000 sq ft MS - 6 ft MS - 72 sq ft 60,001 - FS - 15 ft FS - 75 sq ft 10 ft 75,000 sq ft MS - 6 ft MS - 90 sq ft 75,001 - FS - 15 ft FS - 100 sq ft 15 ft 100,000 sq ft MS - 6 ft MS - 120 sq ft 100,000 + sq FS - 20 ft FS - 150 sq ft 15 ft ft MS - 6 ft MS - 120 sq ft FS - Free standing sign CITY OF YELM ORDINANCE NO. 576 MS - Monument sign Flush mounted wall signs - One (1) square foot for each lineal foot of store (occupant) frontage (main point of entry.) One identifier sign for businesses with a separate delivery access will be allowed, not to exceed two (2) square feet. Marquess Sign - One (1) square foot for each lineal foot of the front of the marquee or thirty percent (300) coverage of the face of the marquee, whichever is less. Awning - One (1) square foot for each lineal foot of the front of the marquee or thirty percent (30%) coverage of the face of the marquee, whichever is less. CITY OF YELM ORDINANCE NO. 576 Section 15.24.290 Grand Opening/Special Event Sign Area. Blda./Gross Proberty Floor Area Sian Area line Setback 5,000 sq ft or 16 sq ft 5 ft less 5,001 - 10,000 20 sq ft 5 ft sq ft 10,001 - 25 sq ft 10 ft 35,000 sq ft 35,001 - 30 sq ft 10 ft 60,000 sq ft 60,001 - 40 sq ft 10 ft 75,000 sq ft 75,001 - 50 sq ft 15 ft 100,000 sq ft 100,000 + sq 60 sq ft 15 ft ft CITY OF YELM ORDINANCE NO. 576