Chapter SIGN REGULATIONS Statement of purpose Definitions. Page 1. Sections:

Transcription

1 Chapter SIGN REGULATIONS Sections: Statement of purpose. (a) The purpose of this chapter is to accommodate and promote sign placement consistent with the character and intent of the individual zoning districts; insure proper sign maintenance; elimination of visual clutter; and the promotion of creative and innovative sign design. To accomplish these purposes, the posting, displaying, erecting, use and maintenance of signs within the city of Selah, shall occur in accordance with this chapter. (b) The city's enactment and enforcement of this chapter shall not be construed for the benefit of any individual person or group of persons other than the general public. In the event of a conflict between the intent of this section and any other provision of this chapter, this section shall govern insofar as applicable. (Ord , 2004.) Definitions. For the purpose of this chapter, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this section or in Selah Municipal Code, Title 10, Appendix A, unless the context requires a different meaning. Where terms are not defined in this section or in Selah Municipal Code, Title 10, Appendix A, they shall have the ordinary accepted meaning within the context with which they are used. Where an abbreviation, term, phrase, word and their derivative could be construed to fall under two definitions, the more specific shall prevail. Webster's Ninth New Collegiate Dictionary, 1993, shall be the source for ordinary accepted meanings for words not defined in this section or in Selah Municipal Code, Title 10, Appendix A. Specific examples are included as illustrations but are not intended to restrict a more general definition. "Abandoned sign" means any sign located on property that is vacant and unoccupied for a period of more than three months, or any sign which pertains to any occupant, business or event unrelated to the present occupant or use. "Administrative official" means the mayor of the city of Selah, or the mayor's designee, who shall be the administrative official of this chapter. "Appeal" means a request for a review of any action on an application by the administrative official, or the building official, of any provision of this chapter. "Banner" means any sign constructed of lightweight fabric or similar material, weighing less than two ounces per square foot, that is mounted to a pole or building at one or more edges. "Building official" means the individual so designated per S.M.C. Title 11, Chapter "Canopy sign" means the message imbedded within the canopy fabric and is a part of the canopy and is considered a wall sign. "Construction sign" means any sign used to identify the individuals, architects, engineers, contractors or firms involved with the construction of a project or to show the design of the project or the purpose for which the project is intended. "Directional sign" means a sign directing pedestrian or vehicular traffic to parking, entrances, exits, service areas, or other on-site locations. Also see Section , Directional signs. "Freestanding sign" means any sign supported by one or more uprights, poles or braces in or upon the ground. Page 1

2 "On-premise" sign means a sign located on and incidental to a lawful use of the premises for advertising the business transacted, services rendered, goods sold or products produced on the premises or the name of the business, name of the person, firm or corporation occupying the premises. Also see Section , Directional signs. "Political sign" means a sign advertising a political party or a candidate(s) for public elective offices, or a sign urging a particular vote on a public issue decided by ballot. "Portable sign" means a freestanding sign. "Projecting sign" means a sign that projects from and is supported by a wall of a building. For the purposes of this chapter a projecting sign is considered a wall sign. Also see definition of wall sign. "Real estate sign" means any sign pertaining to the sale, lease or rental of land or buildings. "Sign means" any medium, including its structural component parts which is used or intended to attract attention to the subject matter that identifies, advertises and/or promotes an activity, product, service, place, business, or any other thing. "Sign area" means that area contained within a single continuous perimeter, which encloses the entire sign cabinet, but excluding any support or framing structure that does not convey a message. "Sign cabinet" means the module or background containing the advertising message but excluding sign supports, architectural framing, or other decorative features, which contain no advertising message. "Sign height" means the vertical distance measured from the grade below the sign or upper surface of the nearest street curb, whichever permits the greatest height, to the highest point of the sign. "Sign setback" means the horizontal distance from the property line to the nearest edge of the sign cabinet. "Sign structure" means any structure that supports or is capable of supporting a sign. A sign structure may be a single pole and may or may not be an integral part of a building. "Street frontage" means the length in feet of a property line(s) or parcel line(s) bordering a public street. For corner lots each street side property line shall be a separate street frontage. The frontage for a single use or development on two or more parcels shall be the sum of the individual frontages. "Use identification" sign means a sign used to identify and or contain information pertaining to a school, church, or residential development, or governmental use (i.e., park, public office, etc.) other than a home occupation in a residential zone. "Wall sign" means any on premise sign attached to or painted directly on, erected against and parallel to, or projecting from the wall of a structure. Also see Section , Wall signs. "Window sign" means a wall sign. (Ord , 2004.) Sign permit required. No sign governed by the provisions of this chapter shall be erected, structurally altered or relocated after [insert effective date] without first receiving a sign permit from the building official. (a) New Signs. (1) All on premise signs are accessory uses and shall be subject to the same procedural and review requirements as the principal use. (2) Any new sign subject to the International Building Code shall be required to secure a building permit. (b) Replacement of an Existing Sign. Structural changes to, or replacement of, an existing sign requires review and approval by the building official. (Ord , 2004.) Page 2

3 Exempt signs. Except when otherwise prohibited, the following signs are exempt from the application, permit and fee requirements of this chapter when the standards of this chapter are met: (1) Political signs, located on private property, which during a campaign, advertise a political party or candidate(s) for public elective office or promote a position on a public issue, provided such signs shall not be posted more than ninety days before the election to which they relate and are removed within fifteen days following the election; (2) A sign advertising a public charitable or civic event, located on private property, which advertises the charitable or civic event, provided such signs shall not be posted more than thirty days prior to the scheduled date of the event to which they relate and are removed within three days following the event; (3) Nameplates not to exceed two square feet in area bearing only the name and occupation of the occupant; (4) Canopy signs when an integral part of the canopy fabric and the canopy complies with International Building Code requirements; and (5) Banners advertising grand openings, special sale events, etc. provided the aggregate size of the banner does not exceed the size limitation for a freestanding sign on the same property. Banners may be displayed a maximum of two consecutive weeks with a maximum display period of eight weeks annually. (Ord , 2004.) Prohibited signs. The following signs are prohibited: (1) Signs which purport to be, are an imitation of, or resemble an official traffic sign or signal and could cause confusion with any official sign, or which obstruct the visibility of any traffic/street sign or signal; (2) Signs attached to utility poles, street light and traffic signal poles; (3) Swinging projecting signs; (4) Signs in a dilapidated condition, i.e. containing peeling paint, major cracks or holes, and/or loose or dangling materials or otherwise constituting a hazardous condition; (5) Abandoned signs, the message medium, not the sign structure; (6) Signs on doors, windows, or fire escapes that restrict free and unimpeded ingress or egress; (7) Roof signs, off-premise signs and billboards; (8) Any other sign not meeting the provisions of this chapter. (Ord , 2004.) Sign maintenance. (a) General Requirements. Signs shall be maintained in good order and repair at all times so as to not constitute any danger or hazard to public safety, and are free of peeling paint, major cracks, and loose and dangling materials or otherwise constituting a hazardous condition. Signs that are not maintained in good order and repair shall be considered prohibited signs. (b) Legal Non-Conforming Sign Maintenance and Repair. Nothing in this chapter shall relieve the owner or user of a legal non-conforming sign, or the owner of the property on which the non-conforming sign is located, from the provisions of this chapter regarding safety, maintenance, repair, and/or removal of legal non-conforming signs. Also see Section , Legal nonconforming signs. Page 3

4 (Ord , 2004.) Sign standards. The provisions of this chapter and the requirements in Table 38-1, "Type of Signs Permitted"; Table 38-2, "Number of Signs Permitted"; Table 38-3, "Maximum Sign Area"; and Table 38-4, "Maximum Sign Height" are established for all signs in the zoning districts indicated. All signs are subject to the review procedures and standards of this chapter. (Ord , 2004.) General provisions. All signs shall comply with the following provisions: (1) Sign surfaces subject to weathering shall be made of glass, metal, plastic, vinyl or wood; (2) Construction shall satisfy the requirements of the International Building Code; (3) Lighting directed on, or internal to any sign, shall be shaded, screened or directed so the light intensity or brightness shall not adversely affect neighboring property or motor vehicle safety; (4) All signs together with their supports, braces, and guys shall be maintained in a safe and secure manner; (5) The ratio of the area of the sign support, framing structure, and/or other decorative features which contain no written or advertising copy, to the sign cabinet shall not be greater than a ratio of 1:1; (6) A clear view triangle shall be maintained at all street intersections, driveways and curb cuts for vision safety purposes. Also see Selah Municipal Code, Title 8, Section Vision clearance at corner lots, and Section , Definition of triangle area. (Ord , 2004.) Projection over right-of-way. (a) Wall signs may project a maximum of one foot over the public right-of-way. Projecting wall signs shall not project over the public right-of-way. The bottom of the sign shall maintain a minimum height of eight feet above the adjacent grade or sidewalk. Freestanding signs shall be located entirely on private property and no closer than two feet of the back of curb line. (b) No sign or sign structure shall project into any public alley below a height of fourteen feet above the alley grade, nor project more than twelve inches into the alley where the sign structure is located fourteen to sixteen feet above the alley grade. The sign or sign structure shall not project more than thirty-six inches into the public alley where the sign or sign structure is located more than sixteen feet above the alley grade. (Ord , 2004.) Abandoned signs/business closure. Within three months of any business closure or premises becoming unoccupied all on-premise signs shall be removed, painted over or the sign face shall be reversed so as to not be visible to the public. Any sign structure or sign cabinet, which conforms to the provisions of this chapter, may remain for future use. (Ord , 2004.) Roof signs. Page 4

5 New roof signs are prohibited. Roof signs existing before July 10, 1979 shall be considered grandfathered and shall be regulated in Section (Ord , 2004.) Wall signs. All wall signs shall conform to the following provisions: (1) Wall signs may be painted on, attached flat to, or pinned away from the wall, but shall not project more than twelve inches from the wall. (2) The number of wall signs is not regulated; provided, the total area of a wall sign(s), including projecting wall signs, shall not exceed ten percent of the total square footage of the wall to which attached. (3) Wall signs shall not extend above the height of the wall to which attached. (4) A building permit, in addition to a sign permit, is required for any projecting wall sign. (Ord , 2004.) Construction identification signs. One construction sign per street frontage is allowed with a maximum sign area of thirty square feet as allowed in Table 38-3 and a maximum sign height of twelve feet as allowed in Table Within ninety days of project completion, which is determined as the date of initial occupancy, all construction signs shall be removed. (Ord , 2004.) Use identification signs. One use identification sign per street frontage with a maximum sign area of thirty square feet as allowed in Table 38-3 and a maximum sign height of twelve feet as allowed in Table Use identification signs identify and/or contain information pertaining to a school, church, residential subdivision, governmental use (i.e., park, public office, etc.). (Ord , 2004.) Directional signs. Directional signs shall be located on the premises and may contain both directions and business name or logo provided the business name or logo shall not exceed fifty percent of the sign area. All directional signs shall meet the general provisions of this chapter, shall not exceed four square feet, and are not permitted in the clear vision triangle or within the public right-of-way. (Ord , 2004.) Off-premise signs and billboards. (a) Off-Premise Signs. New off-premise signs are prohibited. Off-premise signs existing before July 10, 1979 shall be considered grand-fathered and shall be regulated in Section (b) Billboards. New billboard signs are prohibited. Billboard signs existing before July 10, 1979 shall be considered grand-fathered and shall be regulated in Section (Ord , 2004.) Legal nonconforming signs. Signs lawfully existing on July 10, 1979 may continue to be maintained and operated as a legal nonconforming sign so long as it remains otherwise lawful; provided, that: Page 5

6 (1) No sign shall be changed in any manner that increases its noncompliance with the provisions of this chapter; (2) Any signs structurally altered or moved shall void its legal nonconforming status and the sign will be required to conform to the provisions of this chapter. Nothing in this section shall be construed to restrict a change of the signs message, normal structural repair and maintenance; (3) Existing free standing signs located in the vision clearance triangle may be modified and allowed to remain provided, in the opinion of the administrative official, the modified freestanding sign and its support(s) does not constitute a vision hazard; and (4) The sign is not a hazardous or abandoned sign. (Ord , 2004.) Variances. No reduction of the standards in this chapter is allowed except as authorized pursuant to Title 10, Chapter Variances. (Ord , 2004.) Administrative appeals. (a) The appeal of administrative decisions or determinations made during the enforcement of this chapter shall be made to the legislative authority. (b) Interpretations, decisions, or determinations made by the administrative official, except the appeal of administrative decisions or determinations made during the enforcement of this chapter, shall be appealed to the building code board of appeals. (c) Appeals are commenced by filing a written notice of appeal with the administrative official setting forth the principal points on which the appeal is based, together with the filing fee for appeals. (1) Appeal of administrative enforcement decisions or determinations must be filed within ten days of the date of the decision or determination. (A) Any appeal under this subsection shall be heard by the legislative authority at a public hearing to be scheduled within twenty-eight calendar days of the date the appeal is filed. The legislative authority shall provide for a record that consists of the following: (i) (ii) Findings and conclusions; Testimony under oath; and (iii) A taped or written transcript. (2) Appeal of administrative interpretations, decisions, or determinations, except enforcement decisions or determinations made by the administrative official, must be filed within fifteen days of the date of the administrative interpretation, decision, or determination. (A) Any appeal under this subsection shall be heard by the building code board of appeals at a public hearing to be scheduled within forty calendar days of the date the appeal is filed. The building code board of appeals shall provide for a record that consists of the following: (i) (ii) Findings and conclusions; Testimony under oath; and (iii) A taped or written transcript. (d) The procedural determination by the administrative official shall carry substantial weight in any appeal proceedings. Page 6

7 (e) The building code board of appeals or city council may affirm or reverse the decision of the administrative official or request additional information of the appellant or administrative official prior to its issuance of a decision. (f) Only one appeal of an administrative interpretation, decision, or determination; or administrative decision or determination made during the enforcement of this chapter shall be allowed. (Ord , 2004.) Judicial appeals. After the exhaustion of administrative appeals set forth in Section any person, firm or corporation aggrieved by any decision may appeal such decision to the Yakima County Superior Court of the state of Washington. (Ord , 2004.) Violations. Violations of, or failure to comply with, the provisions of this chapter are declared to be unlawful and punishable under the provisions of Title 10, Chapter (Ord , 2004.) Fees/charges. (a) Administrative Appeals. The following fees, adopted in Ordinance , 1998, established to defray administrative appeal costs shall be paid upon the filing of any appeal: (1) Administrative enforcement decisions or determinations two hundred fifty dollars. (2) Administrative interpretations, decisions, or determinations two hundred fifty dollars. (b) Sign Permit, Plan Check Fee, Inspection and Other Fees. Sign permit, plan check fee, inspection and other fees established to defray administrative processing costs shall be paid in accordance with the adopted fee schedule listed in Ordinance #1627 adopted 10/26/2004 and shall be paid prior to the issuance of a sign permit. (The current sign permit fee is sixty dollars and thirty-four cents). Chapter, 10.38, Table 38-1 Type Of Signs Permitted Sign Type Zoning Districts RL-1 R-1 R-2 R-3 B-1 B-2 M-1 Permitted as an Accessory Use to an Approved Use Nameplate Construction Identification Use Identification Directional See: Exempt Signs See: Construction Identification Signs See: Use Identification Signs See: Directional Signs Page 7

8 Freestanding See: Wall See: Wall Signs Chapter 10.38, Table 38-2 Number of Signs Permitted Sign Type Zoning Districts RL-1 R-1 R-2 R-3 B-1 B-2 M-1 Nameplate Construction Identification One Per Dwelling Or Business - See: Exempt Signs One Per Street Frontage - See: Construction Identification Signs Use Identification Directional Freestanding Wall One Per Street Frontage - See: Use Identification Signs Unlimited See: Directional Signs One Per Street Frontage - See: Unlimited - See: Wall Signs Chapter 10.38, Table 38-3 Maximum Sign Area Zoning Districts RL-1 Nameplates up to 2 Square Feet R-1 Construction Identification Sign up to 30 Square Feet R-2 Use Identification Sign up to 30 Square Feet R-3 Directional Sign up to 4 Square Feet Page 8

9 Maximum Area Per Sign Face Freestanding Signs Wall Signs B- 1 Frontage Less Than 300 Ft. Long Sign is Setback 15 or Less From Street Right-of-Way 100 Sq. Ft. Sign is Setback 15 or More From Street Right-of-Way 150 Sq. Ft. 10% of the Gross Area of the Wall to Which Attached Frontage More Than 300 Ft. Long 150 Sq. Ft. 200 Sq. Ft. B- 2 Frontage Less Than 300 Ft. Long 150 Sq. Ft 200 Sq. Ft. Frontage More Than 300 Ft. Long 200 Sq. Ft. 250 Sq. Ft M Sq. Ft. 100 Sq. Ft. In the B-1, B-2 and M-1 zones one freestanding sign is permitted per street frontage. The maximum permissible sign face of the sign is calculated based on lineal foot of lot frontage. Chapter 10.38, Table 38-4 Sign Type Maximum Sign Height Zoning Districts RL-1 R-1 R-2 R-3 B-1 B-2 M-1 Page 9

10 Nameplate See: Exempt Signs Construction Identification Twelve Feet - See: Use Identification Twelve Feet - See: Directional Freestanding Wall Signs Thirty Feet High Height of Building (Ord , 2004.) Page 10