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HomeMy WebLinkAbout3790 Ordinance ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, Enacting a New
Sign Code; and Repealing the Existing Sign Code Consisting of Chapter
17.02, 17.04, 17.08, 17.10, 17.12, 17.14,17.16,17.20, 17.24, 17.28, 17.32, 17.36,
17.40, 17.44, 17.46, 17.48, 17.52, 17.56 and 17.60
WHEREAS, the City of Pasco has by the legislature's adoption of the comprehensive
Growth Management Act been mandated to implement a plan for public and private facilities
that provides for the health, safety, and high quality of life enjoyed by the citizens of this State,
and to provide an attractive place to live; and
WHEREAS, to accomplish this goal, the City has secured the assistance of a
professional consulting group which utilized, in addition to their expertise and experience, case
studies from other cities facing similar challenges to the City of Pasco and seeking similar goals
to create a workable update to the City's sign regulations; and
WHEREAS, the consultant has worked with City staff, Pasco Downtown Development
Association and other individuals and groups to formulate new City sign regulations; and
WHEREAS, this proposal for a revised sign code was submitted to the City Planning
Commission, which in June 2005, conducted public workshops, and in July 2005, conducted a
public hearing receiving input from the citizens and businesses considering amendments to the
sign code;and
WHEREAS, in May 2006, the Planning Commission finalized review of the resulting
proposed sign code and has recommending adoption by the City Council of the sign code
amendments; and
WHEREAS, the City Council at its June 26, 2006, July 17 & 31, 2006, August 14, 2006
and September 11, 2006 workshop meetings, reviewed with the City staff, the consultant and the
public proposed revisions to the sign code, and the City Council has found that to protect the
health, safety, property and welfare for the citizens of the City of Pasco; to provide for a neat,
clean, orderly and attractive appearance of the community; improve the effectiveness of the
signs; to provide for safe construction, location, erection, and maintenance of signs; to prevent
proliferation of signs and sign clutter; to minimize adverse visual safety factors to travelers on
the public highways and on private areas opened to public travel, including pedestrian safety;
and, to provide for an increase in property values, business opportunities and the City's overall
appearance, it is necessary to regulate signs and sign structures within the community; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO HEREBY
ORDAIN AS FOLLOWS:
I
Ordinance- 1
Section 1. That a new Chapter 17.01 entitled "Title, Purpose and Enforcement" of the
Pasco Municipal Code shall be and hereby is enacted and shall read as follows:
CHAPTER 17.01
TITLE, PURPOSE AND ENFORCEMENT
Sections
17.01.010 Short Title.
17.01.020 Purpose.
17.01.030 Enforcement.
17.01.040 Nonliability
17.01.050 Conflicting Provisions
17.01.060 Severability
17.01.010 SHORT TITLE. This Title shall be known as the Sign Code of the City
of Pasco.
17.01.020 PURPOSE. The overall purpose of this title is to enhance and maintain
the aesthetic character, to promote the public health, safety and general welfare, and to increase
the effectiveness of visual communication in the City. This title is also intended to avoid visual
clutter that may adversely impact traffic and pedestrian safety or that may be adverse to property
values, business opportunities, and the City's overall appearance. The purpose of this title is
implemented by imposing reasonable restrictions on the design, construction, use, maintenance
and quality of materials of all signs and sign structures without regard to the protected content
with restrictions that are narrowly tailored to serve these goals while leaving open ample
alternative channels for communication of information.
17.01.030 ENFORCEMENT.
A) Enforcing Authority. The City Manager or his appointee is authorized and
directed to enforce all provisions of this title.
B) Violations and Penalties. It is unlawful and constitutes a civil infraction for any
person, firm, or corporation to erect, hang, construct, enlarge, alter, repair , move, convert, equip,
locate or relocate, use or maintain any sign or sign structure in the City, or cause or permit the
same to be done, contrary to or in violation of any of the provisions of this title
17.01.040 NONLIABILITY. This title shall not be construed to relieve from or
lessen the responsibility or liability of any party owing, operating, construction installing,
altering, removing, moving or controlling any sign in the City. Neither the City nor any agent
thereof shall be held as assuming any liability by reason of permit or of the inspection authorized
hereunder or certificate of inspection issued by the City for damages to person or property
injured or damaged either in person or property caused by any defect therein
Ordinance-2
17.01.050 CONFLICTING PROVISIONS. If any provision of this title is found to
be in conflict with any provision of any zoning, building, fire, safety or health ordinance or code
of the City,the provision that establishes the more restrictive standard shall prevail.
17.01.060 SEVERABILITY. If any provision of this title or its application to any
person or circumstances is held invalid, the remainder of the chapter or the application of the
provision to other persons or circumstances is not affected, ad to this end the provisions of this
title are declared to be severable.
Section 2. That a new Chapter 17.03 entitled "Definitions" of the Pasco Municipal
Code shall be and hereby is enacted and shall read as follows:
CHAPTER 17.03
DEFINITIONS
Sections
17.03.01 Generally.
17.03.01 GENERALLY.
A) For the purpose of this title, certain abbreviations, terms, phrases, words, and their
derivatives shall be construed as specified in this chapter and are to be used only for the
implementation of this title. Words used in the singular include the plural, and the plural the
singular. Words used in the masculine gender include the feminine, and the feminine the
masculine.
1) ALLEY means a public street not designed for general travel and used
primarily as a means of access to the rear of residences and business establishments.
2) BUILDING means any structure built for the support, shelter, or enclosure
of persons, animals, chattels, or property of any kind.
3) BUILDING CODE means the building codes of the City adopted by Title
16 of the Code.
4) BUILDING OFFICIAL means the Building Official of the City and/or
the person designated to enforce the sign code by the City Manager.
5) BUILDING LINE means a line established by ordinance beyond which no
building may extend.
6) CHANGE OF COPY. The change of a logo, and/or message upon the
face or faces of a legal sign.
7) CITY means the City of Pasco, Washington.
Ordinance-3
i
8) COMMUNITY EVENT. Means a community wide event open to the
general public and sponsored by a public agency, a public or private school, or a not for profit
civic organization.
9) CURB LINE means the line at the face of the curb nearest to the street or
roadway. In the absence of a curb,the City Engineer shall establish the curb line.
10) DISPLAY SURFACE means the area made available by the sign structure
for the purpose of displaying the advertising message.
11) DISTRICT OR ZONING DISTRICT means any district established
pursuant to the provisions of Title 25.
12) DURABLE means a non-biodegradable material that withstands
degradation from the elements such as weather-proof card stock, aluminum, metal, UV protected
plastics, treated or painted wood concrete, stone and similar materials.
13) ERECTS means to build, construct, attach, place, suspend, or affix,
including the painting of a wall sign.
14) FACE OF BUILDING means the general outer surface of any exterior
wall of a building or other structure.
15) FACADE means the entire building front or street wall face, including the
grade to the top of the parapet or eaves, and the entire width of the building elevation.
16) FENCE —SUBDIVISION means a common fence constructed along the
rear line of residential lots that back on arterial streets and constructed as part of the subdivision
improvements.
17) FILLING STATION, PUBLIC MOTOR FUELS means any area of land,
including any structure or part thereof that is used or designed to be used for the supply of motor
fuels, also deemed to be included within this term shall be: Any area or structure used or
designed to be used for polishing, greasing, washing, spraying (other than paint), dry cleaning, or
otherwise cleaning or servicing such motor vehicles.
18) FRONTAGE means the measurement of the length of the property line or
building front.
19) HEARING EXAMINER means the Pasco Hearing Examiner as set forth
in Chapter 25.84.
20) INCOMBUSTIBLE MATERIAL means any material which will not
ignite at, or below, a temperature of one thousand two hundred degrees Fahrenheit during an
exposure of five minutes, and which will not continue to burn or glow at that temperature.
Ordinance-4
21) MANSARD ROOF means a sloped roof or roof-like facade architecturally
able to be treated as a building wall.
22) MULTIPLE-BUILDING COMPLEX means a group of commercial or
industrial structures.
23) MULTIPLE-TENANT BUILDING means a single structure that houses
more than one retail business, office or commercial venture, but that does not include residential
apartment buildings sharing the same lot, access and/or parking facilities.
24) NONCONFORMING SIGN. Nonconforming signs are those which were
lawfully installed, but which do not comply with the requirements of this title.
25) NONSTRUCTURAL TRIM means the molding, batons, caps, nailing
strips, latticing, cutouts or letters and walkways that are attached to the sign structure.
26) PARAPET means a false front or wall extension above the roof line.
27) PARCEL means the real property on which a business is located or the
portion of real property designated for use of a business. Parcel shall include all adjacent
property used by a business including yards, parking lots, and storage yards. Where more than
one business is located within a building, the property on which that building is located is
considered one parcel.
28) PERIMETER means a square or rectangle required to enclose the sign
area.
29) PERIPHERY OF RIGHT-OF-WAY means that portion of the right-of-
way lying behind the street improvement. (See definition for street improvements)
30) PERSON means and includes persons, firms, partnerships, associations,
corporations, and other business entities.
31) PREMISES means the real estate as a unit, upon which is displayed the
sign or signs mentioned in this chapter.
32) PRIVATE ROAD OR DRIVEWAY means every way or place in private
ownership and used for travel of vehicles by the owner or those having express or implied
permission from the owner, but not by other persons.
33) PROJECTION means the distance by which a sign extends over public
property or beyond the property line.
34) RIGHT OF WAY (ROW) means that area of land dedicated for public use
or secured by the public for purposes of ingress and egress to abutting property and other public
purposes, including that space between the adjacent property line and the back of the street
Ordinance-5
and/or sidewalk improvements.
35) ROADWAY means that portion of a highway improved, designed, or
ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. In the event a highway
includes two or more separated roadways, the term "roadway" shall refer to any such roadway
separately but shall not refer to all such roadways collectively.
36) ROOFLINE means the top edge of a roof or parapet or the top line of a
building silhouette.
37) SETBACK means the distance measured on a horizontal plane between a
public right-of-way line or a property line and the closest portion of a sign thereto.
38) SIDEWALK means that property between the curb lines or the lateral
lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians or
such portion of private property parallel and in proximity to a public highway and dedicated to
use by pedestrians.
39) SIGN means a name, identification, description, display or illustration that
is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and
that directs attention to an object, product, place, activity, person, institution, organization or
business. However, a "sign" shall exclude any display of official court or public office notice,
emblem or insignia of a nation, political unit, school, or religious group. A "sign" shall not
include a sign located completely within an enclosed building unless the public may view the
sign from a roadway or sidewalk, or the context of this chapter shall so indicate.
40) SIGN - ABANDONED means a sign that no longer correctly directs or
exhorts any person nor advertises a bona fide business, lessor, owner, product or activity
conducted or available on the premises whereon such sign is located.
41) SIGN - AREA means the total area of a sign visible from any one
viewpoint or direction, excluding the sign support structure, architectural embellishments, or
framework that contains no written copy, and includes only one side of a double-faced sign.
Individual letter signs using a wall as the background without added decoration or change in wall
color shall be calculated by measuring the perimeter enclosing each letter. The combined total
area of each individual letter shall be considered the total area of the sign. Module signs
consisting of more than one sign cabinet shall be computed by adding together the total area of
each module. Perimeter or sign area shall be established by the smallest rectangle enclosing the
extreme limits of the letter module or advertising message being measured.
42) SIGN - AWNING means a sign that is hung from and below a building
awning or canopy that may extend outwards under the awning or canopy and over the walkway
or parking area.
43) SIGN — BANNER means flexible material on which a sign is painted or
printed that is attached to a building or displayed on the grounds.
Ordinance-6
44) SIGN - BILLBOARD means a sign or sign structure supported by one or
more uprights and braces in the ground or on a building roof upon which general advertising
matter is placed, usually by the poster method, erected entirely upon private property.
45) SIGN — BLADE OR PROJECTING means a sign that is wall-mounted
perpendicular to the building that may extend upwards and above the facade and/or outwards and
over the walkway or parking area.
46) SIGN - BUSINESS means a sign which directs attention to a business or
profession conducted, or to a commodity, service, or entertainment sold, or offered upon the
premises where such sign is located, or to which it is affixed.
47) SIGN - CANOPY means a sign that is painted onto the face or edge of an
awning or canopy that is mounted to the building facade.
48) SIGN — CHANGING MESSAGE CENTER means an electronically
controlled public service time and temperature sign, message center, or reader board where
different copy changes of a public service or commercial nature are shown on the same lamp
bank.
49) SIGN - COMBINATION means any sign incorporating any combination
of the features of freestanding, projecting and roof signs. "Combination sign" shall include signs
commonly referred to as "fin signs."
50) SIGN - CONSTRUCTION means a temporary sign designating the
contractor(s), architect(s), and engineer(s) participating in a construction project underway on the
same premises. A construction sign may also include the name of the project.
51) SIGN - DIRECTIONAL means any sign designated and used solely for
the purpose of indicating the location or direction of a place on the premises upon which the sign
is located
52) SIGN — DIRECTIONAL OFF-PREMISE KIOSK means a structure
erected by the City or a private party through a license agreement with the City in approved
locations bearing multiple off-premise directional signs
53) SIGN — DIRECTIONAL TRAFFIC means a sign that is located to guide
or direct pedestrian or vehicular traffic to parking entrances, exits and service areas.
54) SIGN — DIRECTORY OF TENANTS means a sign that identifies the
building or project name and the tenants which share a single structure or development.
55) SIGN—DOUBLE-FACED means a sign with 2 faces.
56) SIGN - ELECTRICAL means a sign or sign structure in which electrical
wiring, connections, and/or fixtures are used as part of the sign proper.
Ordinance-7
57) SIGN - FLASHING means an electrical sign or portion thereof that
changes light intensity in a sudden transitory burst or that switches on and off in a constant
pattern with more than one-third of the light source that is not constant being off at any one time.
58) SIGN — FREESTANDING PEDESTAL means a self-supported sign
permanently attached directly to the ground upon a pedestal base or monument foundation and
not attached to any building, wall or fence. {Also called pedestal or monument sign.
59) SIGN — FREESTANDING POLE means a self-supported sign
permanently attached directly to the ground supported by upright poles or posts or braces placed
on or in the ground. (Also called ground or pole sign.)
60) SIGN — FREEWAY means a free standing sign located on the premise
where the business, product or service is located with said sign being within 250 feet of I-182,
SR-395 and SR-12.
61) SIGN — FREEWAY INTERCHANGE means a sign that provides only
regional identification for a group of businesses within an area defined by a state recognized
business association with the businesses collectively occupy a minimum of 15 acres of land.
62) SIGN — GARAGE OR YARD SALE means a sign advertising a private
sale of personal household possessions; not for the use of any commercial venture.
63) SIGN - HEIGHT means the vertical distance measured from the adjacent
grade at the base of the sign support to the highest point of the sign or sign structure whichever is
higher.
64) SIGN — IDENTIFICATION means a sign of an informational nature that
directs attention to certain uses other than businesses, individual private residences.
65) SIGN — INFLATABLE means a large balloon or balloon-like object
greater than 18 inches in any dimension that uses blown air or a gas to remain inflated.
66) SIGN — INFORMATIONAL PRIVATE means a sign placed for the
convenience of the property owner used for the sole purpose of designating property control and
warning signs such as"no trespassing", "no dumping", "patrolled by dogs", etc.
67) SIGN — INFORMATIONAL PUBLIC means a sign placed for the
convenience of the public used for the sole purpose of designating restrooms, hours of
operations, entrances and exits to buildings and parking lots, help wanted, public telephones,
public notary, etc. Also included are plaques, tablets or inscriptions that are an integral part of a
building.
68) SIGN - INTERIOR means any sign attached to the interior surface of the
window of any building or structure, or maintained within the building or structure.
Ordinance-8
69) SIGN — LANDMARK means a sign or plaque that is attached to the
surface of the building or on a site that identifies or describes the historical, cultural, social, or
other significance of a building or site.
70) SIGN - LIMITED DURATION means any sign advertising real estate
sales or rentals or construction projects utilized for a specified period of time.
71) SIGN MARQUEE OR READERBOARD means a sign that displays a
changing message using manually mounted lettering or electronic printout that may be mounted
on a building or freestanding pedestal or pole.
72) SIGN MARQUEE OR READERBOARD - PORTABLE means a sign
that displays a changing message using manually mounted lettering or electronic printout that
may be mounted on an easel, trailer, or other movable equipment.
73) SIGN - NAMEPLATE means a sign which indicates no more than the
name and address of the resident of the premises.
74) SIGN - NONCONFORMING means any sign lawfully constructed prior
to the enactment of the ordinance codified in this title, which fails to conform to the provisions of
this title.
75) SIGN -OFF-PREMISE means a sign that carries a message of any kind or
directs attention to a business, commodity, service, or entertainment conducted, sold, or offered
elsewhere than upon the premises where such sign is located, or to which it is affixed. Signs
identifying a business complex and containing the names of multiple businesses within the
complex shall not be considered an off-premise sign.
76) SIGN - OFF-PREMISE DIRECTIONAL means a sign providing
directions to a public or other community event or facility in a location different than the
property on which the sign is posted.
77) SIGN - OFF-PREMISE INFORMATIONAL means a sign providing
information about events conducted at a public or other community facility in a location different
than the property on which the sign is posted.
78) SIGN — OPEN HOUSE means a sign welcoming viewers to a piece of
residential real estate that is being offered for sale.
79) SIGN — PEDESTRIAN-ORIENTED means a sign the primary purpose of
which is to provide information for pedestrians and bicyclists.
80) SIGN - POLITICAL means a temporary sign that identifies a candidate(s)
for public elective office; urges a particular vote on a ballot measure in a pending public election,
whether local, state or national; or expresses an opinion on a public issue.
SIGN - PORTABLE means an unlighted business sign including paper, cardboard, wood or
Ordinance-9
metal, that is capable of being moved easily and that is not permanently affixed to the ground,
structure or building. This includes a sidewalk or sandwich board signs, except those worn by a
person.
81) SIGN— POSTER means a decorative placard or advertisement intended to
advertise a movie,theater production, video or CD, or other product or special event that is being
conducted or offered for sale.
82) SIGN — READER BOARD means a lighted or unlighted business sign or
part of a sign on which the letters are readily replaceable such that the copy can be changed from
time to time at will.
83) SIGN — READER BOARD PORTABLE means a lighted or unlighted
business sign or part of a sign on which the letters are readily replaceable such that the copy can
be changed from time to time at will. A portable reader board is capable of being moved or
trailer-mounted and is not permanently affixed to the ground, structure or building.
84) SIGN —REAL ESTATE means a temporary sign erected by the owner, or
his/her agent, that advertises the real estate upon which the sign is located for rent, lease or sale,
or directing people to the property.
85) SIGN — REAL ESTATE DIRECTIONAL means a temporary and/or
portable sign that is intended to assist people finding the location of difficult to locate property
that is for sale, rent, or lease.
86) SIGN — REVOLVING means any sign that rotates or turns in a circular
motion by electrical or mechanical means and does not exceed eight revolutions per minute.
87) SIGN - ROOF means a business sign erected upon or above a roof or
parapet of a building or structure. Mansard roof signs shall be considered wall signs.
88) SIGN — SANDWICH OR A-FRAME means a temporary portable 2-faced
board style sign that is readily movable and has no permanent attachment to a building, structure,
or the ground.
89) SIGN — SPECIAL EVENT means a temporary sign advertising activities
concerning a drive or event of a political, civic, seasonal, cultural, philanthropic, educational or
religious event or organization that will occur intermittently.
90) SIGN - STRUCTURE means any structure supporting or is capable of
supporting any sign defined in this chapter. A sign structure may be a single pole or may or may
not be an integral part of the building or structure.
91) SIGN - TEMPORARY means any real estate, open house, special event,
garage sale, or political sign corresponding to a specific event and displayed for a limited period
of time.
Ordinance- 10
92) SIGN ---TRACT means signs used for the sale of real property in a platted
subdivision.
93) SIGN — WALL means any sign, mural or graphic design which is attached
parallel to, or flat against, or is painted on, the wall or exterior of a building or structure having a
commercial message or identification.
94) SIGN — WALL MURAL OR ARTWORK means a mural or artwork
painted to a building wall that may or may not have a commercial message, name, or other
advertisement incorporated. (Exterior surface color alone is not considered a mural or artwork.)
95) SIGN — WALL-MOUNTED means a sign attached or erected parallel to
and extending from the facade or wall of any building to which it is attached. A wall sign is
supported through its entire length with the exposed face of the sign parallel to the plane of said
wall or facade. A sign painted on the wall of a building or a sign painted or attached to a
marquee shall be considered a wall-mounted sign.
96) SIGN — WINDOW means any sign which is painted or mounted onto an
exterior window pane, or which is hung directly inside the window including advertisements for
services or products in the form of decals, emblems, paint, exposed neon, banners, etc within 3
feet of the window pane.
97) SIGN — WINDOW TEMPORARY INDOOR means any sign (or poster)
of a temporary nature displayed within a commercial building on the inside of the glass or in
close proximity to the window and may be viewed by persons outside of the building.
98) STREET means a public or private way opened to general public use
including all classes of roadways and excepting alleys, driveways, and interstate freeways, but
including major internal circulation corridors within parking lots.
99) STREET FRONTAGE means the side of the building facing a street that
abuts the property on which the building is located.
100) STREET IMPROVEMENTS means the paved roadway, and adjoining
curb, gutter, sidewalk and landscaping.
101) STRUCTURE means anything constructed or erected, the use of which
requires location on the ground or attachment to something having location on the ground.
102) U.L. means Underwriters Laboratory.
103) ZONE, ZONING DISTRICT. See definition under District.
Section 3. That a new Chapter 17.05 entitled "Sign Allowance Table" of the Pasco
Municipal Code shall be and hereby is enacted and shall read as follows:
Ordinance- 11
CHAPTER 17.05
SIGN ALLOWANCE TABLE
Sections
17.05.010 Interpretation of Sign Allowance Table.
17.05.020 Special Provisions by Sign Classification.
17.05.030 Exemptions
17.05.040 Prohibited Signs.
17.05.050 Sign Illustrations
17.05.010 INTERPRETATION OF SIGN ALLOWANCE TABLE
A) The sign allowance table, as incorporated herein, determines whether a specific
sign is allowed in a zone district or by land use activity. The zone district or land use activity is
identified in the left column and the specific sign allowances are located in the rows of the table.
B) If no symbol or number appears in the table box at the intersection of the column
and row, the sign is not allowed in that category or is not subject to an allowance.
C) If a number appears in the table box at the intersection of the column and row or
in the column or row heading, the sign may be allowed subject to the appropriate requirement
and specific conditions indicated in the table footnotes.
D) All applicable requirements shall govern a sign whether or not the requirements
are cross-referenced in the table.
17.05.020 SPECIAL PROVISIONS BY SIGN CLASSIFICATION
A) Temporary signs. This signage shall not be restricted by content, but is usually
and customarily used to advertise real estate sales, political or ideological positions, garage sales,
special events having a specific date or duration. Such signage shall be subject to the following
provisions:
1) All exterior real estate-signs - shall be placed entirely on the property for
sale, except as provided below.
2) Residential "open house" signs - are permitted only during daylight hours
and during times in which the broker/agent or seller or an agent is in attendance at the
property for sale. The sign may be placed within the periphery of the roadway provided it
does not interfere with traffic safety as provided in 17.05.040 D and 17.09.030, but it
shall not be attached to a utility pole or traffic safety device. Such signs shall be
permitted only during weekends beginning at 5:00 pm Friday and ending at 8:00 am
Monday.
Ordinance- 12
3) Political Signs - may be placed within the periphery of the public roadway
provided they do not interfere with traffic - vehicular or pedestrian as provided in
17.05.040 D and 17.09.030, or interfere with the use of any residential or commercial
property. Political signs may be placed upon privately owned property including fences,
except subdivision fences, with the consent of the property owner.
4) Grand Opening and Special Event Displays - temporary signs, posters,
portable reader boards, banners, strings of lights, clusters of flags, blinking lights,
inflatables, balloons, and searchlights are permitted only to announce the opening of a
completely new enterprise, the opening of an enterprise under new management, or a
special event.
a) All banners must be securely fasten taut against the wall of a
building and shall not extend above the building.
b) Tethered balloons and inflatables can not be more than 70 feet
above the surface of the ground.
C) Grand opening and special event signs for businesses must be
located on the premises where the grand opening or special event is taking place.
d) Special event signs for a community event may be displayed on or
off the premises where the event is taking place including in the periphery of the
right-of-way.
e) Special event signs for a community event located in the periphery
of the right-of-way may not be larger than 6 square feet.
f) Special event signs may be located on the Robert Frost Elementary
School pedestrian overpass on North 20th Avenue. Said signs may be larger than 6
square feet_
5) Garage or Yard Sale Signs.
a) No garage/yard sale sign shall be placed, affixed, stapled, glued, or
taped to any utility pole, subdivision fence, or any public property;
b) No garage/yard sale sign shall be placed on the right-of-way of any
roadway in such a manner as to interfere with traffic, both vehicular and
pedestrian, as provided in 17.05.040 (D) and 17.09.030, or interfere with any
residential, commercial or industrial property;
C) No garage/yard sale signs shall be placed on private property for
more than 72 hours, regardless of the length of the sale.
Ordinance- 13
6) Duration — except for political or as otherwise provided or limited, no
temporary sign shall be erected, re-erected, or maintained for more than 30 days, unless
permitted as provided hereafter. For the purpose of this regulation, any sign of similar content
erected subsequent to the original temporary sign shall be considered as the original sign for the
time limitation contained herein.
B) Limited Duration Signs. This signage shall not be restrained by content, but is
usually and customarily used to advertise nonpermitted events of longer duration than temporary
signs, to advertise real estate sales or rentals and construction projects that were used during the
period of the real estate sales or rental campaign with the completion of the construction project.
Specific conditions and period of duration are identified in the chart in Section 17.05.010 above.
17.05.030 EXEMPT SIGNS. The following signs shall not require application, fee
or sign permit. These exceptions shall not be construed as relieving the owner of the sign from
responsibility of its erection, and its compliance with provisions of this code or any other law or
ordinance regulating the same:
A) Changing of the advertising copy or message on theater marquee, readerboards,
and similar signs.
B) Painting, repainting, cleaning, repairing and other normal maintenance, unless
structural or electrical changes are made.
C) Signs erected or installed by or at the direction of the City, such as traffic signs,
legal notices, railroad warning signs, signs showing the location of underground public utility
facilities, and other signs of a non-advertising nature erected for warning or emergency purposes.
D) Interior signs, provided that no interior sign shall be permitted in the R-T, R-S-20,
R-S-12, R-S-1, R-1 and R-2, R-3, R-4, R-1-A and R-1-A2 zoning districts.
E) Temporary signs and decorations that are customary for special holidays and that
are erected on private property.
F) Signs directly related to a municipal building, structure or installed by the city or
required by a governmental entity.
G) Bona fide religious symbols on the buildings or grounds of religious institutions.
H) Traffic or pedestrian control signs, signs required by law, or signs indicating
scenic or historic points of interest that are erected by or on the order of a public officer in the
performance of his public duty.
1) Sculptures, fountains, mosaics, and design features that do not incorporate
advertising or identification.
Ordinance- 14
J) The flag of governments or noncommercial institutions such as schools, with the
poles treated as structures.
K) Official public notices of federal, state or local governments, official court
notices.
L) Signs not intended to be viewed by the public from the street right-of-way.
M) Lettering or symbols painted directly onto or flush-mounted magnetically onto an
operable vehicle.
N) Identification signs upon recycling collection containers for public, charitable or
nonprofit organizations.
O) Emblems of local nonprofit organizations and community service clubs, including
signs less than two square feet that identify the meeting place and time.
P) Political signs.
17.05.040 PROHIBITED SIGNS. From and after September 1, 2006, it is unlawful
for any person to maintain, erect or place within the city:
A) A swinging projecting sign.
B) Signs attached to or placed upon a vehicle or trailer parked on private or public
property designed to operate as a de facto permanent advertising sign. This provision is not to be
construed as prohibiting the identification of a firm or its principal products on a vehicle
operating during the normal course of business. This does not include automobile for sale signs
or signs attached to licensed buses or taxis.
C) Private signs placed in or upon a public right-of-way, except as expressly
provided herein.
D) Any sign that constitutes a traffic hazard or detriment to traffic safety because of
size, location, movement, content, or method of illumination. Any sign that obstructs the vision
of drivers or detracts from the visibility of any official traffic control device or diverts or tends to
divert the attention of drivers of moving vehicles away from traffic movement on streets, roads,
intersections, or access facilities. No sign shall be erected so that it obstructs the vision of
pedestrians, or which by its glare or by its method of illumination constitutes a hazard to traffic.
No sign may use words, phrases, symbols or characters in such a manner as to interfere with,
mislead, or confuse the steady and safe flow of traffic.
E) Any sign or advertising structure or supporting structure that is torn, damaged,
Ordinance- 15
defaced or destroyed
F) Signs attached to utility poles, trees, rocks or other natural features;
G) Signs attached to subdivision fences.
H) Signs attached to benches on public rights-of-way;
I) Billboards and product advertising signs; roof signs, including signs painted
directly on a sloped or gabled roof surface; strobe lights, lasers; strings of streamers; and all
other signs not otherwise specifically authorized or exempted by this chapter.
J) Off-premise signs except those expressly permitted herein.
K) Balloons or inflatables attached, anchored or tethered to a roof of a building.
17.05.050 SIGN ILLUSTRATIONS. To assist in the application of this Title, the
Community & Economic Development Department shall maintain a brochure of examples
provided to illustrate the purpose, design principals and format demonstrating permissible signs
allowed in this Title to assist in the interpretation and enforcement of the Sign Code.
Ordinance- 16
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Ordinance- 18
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Ordinance- 19
Section 4. That a new Chapter 17.07 entitled "Permits, Fees and Inspection" of the Pasco
Municipal Code Shall be and hereby is enacted and shall read as follows:
CHAPTER 17.07
PERMITS, FEES AND INSPECTION
Sections
17.07.010 Permits, Fees and Inspection.
17.07.020 Application.
17.07.030 Fees
17.07.040 Maintenance.
17.07.0 5 0 Inspections.
17.07.060 Approval.
17.07.010 No sign shall be erected, constructed, altered, relocated or modified
without first obtaining a permit pursuant to the provisions of this Title unless specifically
exempted herein.
A) Permit—Number Required. A separate permit shall be required for a sign or signs
for each business location. If the business entity's sign is part of a group of signs for a business
location, only one permit shall be required at the time of application.
B) Permit — Time Limitation. If, after the issuance of a sign permit, the operations
authorized thereunder are not completed or substantially completed within 180 days after the
date of the permit, such sign permit shall be automatically null and void.
C) Revocation of Permit. The Building Official may, in writing, suspend or revoke a
permit issued under provisions of this chapter whenever the permit is issued in error or on the
basis of incorrect information or whenever the sign is in violation of any ordinance, regulation or
provision of this chapter.
D) Change of Copy - the holder of a permit, for the duration thereof, shall have the
right to change the advertising copy on the structure or sign for which the permit was issued,
without being required to pay any additional fees.
E) Wall Sign and Mural Maintenance. Failure to properly maintain the mediums
used within a painted wall sign or mural or artwork as defined herein shall be sufficient grounds
to revoke the sign permit.
F) Interpretation. In all applications for permits where a matter of interpretation
arise, the most restrictive definition shall prevail. Approval shall be dependent upon the showing
that the proposed sign meets the specific size and type criteria required under this Title and is
compatible with the surrounding environment. The Building Official shall consider the proposed
sign's form, proportion, scale, color, materials, surface treatment, overall sign size, and the size
Ordinance-20
and styling of the lettering considering its relationship with other nearby signs, other elements of
the street and site improvements and with adjacent structures.
17.07.020 APPLICATION. The permit required by this section is issued by the
Building Official pursuant to the provisions of this Chapter. In determining whether the criteria
for approval of a sign permit are satisfied, the Building Official shall use the criteria set forth in
this sign code. A decision is to be made within fourteen (14) working days of receipt of a
complete application and payment of the fee required. Application for a sign permit shall be in
written form upon forms furnished by the Building Official and shall include information as the
Building Official deems necessary to show full compliance with this sign code and all other laws
and ordinances affecting the construction and location of the sign.
17.07.030 FEES. A nonrefundable fee shall be paid upon the filing of an application
for a sign permit in accordance with Chapter PMC 3.07 Fee Summary.
17.07.040 MAINTENANCE. All signs shall be maintained in a state of security,
safety, and good repair. It shall be the responsibility of every owner of real property and his their
tenant or other person in possession of such property with the consent of the owner to maintain
every sign on such property in strict compliance with this code.
17.07.050 INSPECTIONS. All signs for which a permit is required shall be subject
to inspection by the Building Official. The permit holder shall notify the Building Official when
the following work is ready for inspection and shall not proceed further until such work has been
approved:
A) Footings - before any concrete is poured for freestanding signs or any other sign
partially supported on or attached to the ground.
B) Electrical - signs containing electrical wiring shall be inspected by the State
Department of Labor and Industries.
C) Final - to be made immediately after erection.
17.07.060 APPROVAL.
A) Each sign shall be adequately constructed - in accordance with the requirements
of the International Building Code and Sign Codes, as amended.
B) Signs containing electrical circuitry - shall meet the requirements of all state laws
and shall include an approved testing lab sticker.
Section 5. That a new Chapter 17.09 entitled "General Regulations" of the Pasco
Municipal Code shall be and hereby is enacted and shall read as follows:
Ordinance-21
CHAPTER 17.09
GENERAL REGULATIONS
Sections
17.09.010 Generally.
17.09.020 Fire Exits.
17.09.030 Traffic obstruction and visibility.
17.09.040 Removal of dangerous and/or illegal signs.
17.09.050 Abandoned signs and frames.
17.09.060 Property owner's consent.
17.09.070 Projection over public property.
17.09.080 Relocation required.
17.09.090 Clearance from power lines.
17.09.100 Aerial power source.
17.09.010 GENERALLY. All signs, including the frames, braces or supports,
including all structural attachments thereof, shall be constructed and maintained in accordance
with this title, the International Building Code, Title 25, and all other applicable ordinances of
the City.
17.09.020 FIRE EXITS. No sign or any portion thereof shall be anchored to, or
attached to, or supported by any fire escape or any standpipe, or erected so as to obstruct or
prevent the free ingress and egress from any window, door or fire escape.
17.09.030 TRAFFIC OBSTRUCTION AND VISIBILITY. No sign shall be erected
so as to obstruct the vision of vehicular traffic, or at any location where it may interfere with, or
be confused with, any traffic signal or device. No sign or sign structure shall be erected within
the vision triangle of a corner lot property measured (20 feet along the property line from the
intersection of 2 streets or 15 feet from the intersection of a street and alley).
17.09.040 REMOVAL OF DANGEROUS AND/OR ILLEGAL SIGNS. If the
Building Official finds that any sign is unsafe or insecure, or is a menace to the public safety, or
has been constructed, erected, relocated or altered in violation of the provisions hereof; he shall
give written notice to the owner or the tenant of the property wherein it is located to remove or
alter such sign. If the owner or tenant fails to comply with the provisions of this title within 10
days after such notice, the Building Official may cause such sign to be removed and the cost
thereof shall be paid by the owner or tenant. The Building Official may cause any sign that is an
immediate peril to persons or property to be removed summarily and without notice.
17.09.050 ABANDONED SIGNS AND FRAMES. Any sign, including support
frames, now or hereafter existing which no longer advertises a bona fide business conducted, or a
product sold or service rendered, shall be removed or the advertising copy shall be painted or
coated out. If the property owner or tenant fails to do so within 30 days after written notice from
the Building Official, the Building Official shall cause the sign to be removed or painted out and
Ordinance-22
any expense incident thereto shall be paid by the owner or tenant. All sign frames and supports
of abandoned signs must be removed within one year of the date of abandonment or business
closure.
17.09.060 PROPERTY OWNER'S CONSENT. It is unlawful for any person to
place, attach or maintain any sign, banner, card, sticker, handbill or other advertising device
upon or within any property, whether public or private, without securing the consent of the
owner or their tenant.
17.09.070 PROJECTION OVER PUBLIC PROPERTY. Signs supported entirely on
private property may extend into the public right-of-way as set forth in the Sign Allowance Table
(Chapter 17.10), provided that in no event shall any sign be permitted to extend beyond the curb
line. In the absence of a curb, the curb line shall be established by the City Engineer.
17.09.080 RELOCATION REQUIRED. The Building Official may, on 30 days
written notice, by reason of changed traffic conditions or the construction or relocation of public
improvements or otherwise, find that a private sign that extends over or maintained on a public
property must be relocated. The person maintaining such sign must remove, relocate or alter the
sign in accordance with the Building Official's finding at their sole expense.
17.09.090 CLEARANCE FROM POWER LINES. No sign shall be constructed or
maintained which would have less horizontal or vertical clearance from communications lines or
electric power lines than the clearance prescribed by the Electrical Construction Code of the
Washington State Department of Labor and Industries. In case of conflict, the most restrictive
shall apply. Whenever it becomes necessary for workmen to be less than 10 feet from any
electrical conductor carrying more than 600 volts, the sign contractor shall notify the proper
utility company to provide a standby service crew.
17.09.100 AERIAL POWER SOURCE. No aerial or overhead power source shall be
allowed for any type of sign.
Section 6. That a new Chapter 17.11 entitled "Construction Standards" of the Pasco
Municipal Code shall be and hereby is enacted and shall read as follow:
Ordinance-23
CHAPTER 17.11
17.11 CONSTRUCTION STANDARDS
Sections
17.11.010 General construction
17.11.020 Construction
17.11.010 GENERAL CONSTRUCTION
A) GENERAL. All signs shall be designed and constructed to resist wind and
seismic forces as specified in this chapter and the International Building Code (IBC). All bracing
systems shall be designed and constructed to transfer lateral forces to the foundations. For signs
on buildings, the dead and lateral loads shall be transmitted through the structural frame of the
building to the ground in such a manner as not to overstress any of the elements thereof.
The overturning moment produced from lateral forces shall in no case exceed 2/3rds of
the dead-load resisting moment. Uplift due to overturning shall be adequately resisted by proper
anchorage to the ground or to the structural frame of the building. The weight of earth
superimposed over footings may be used in determining the dead-load resisting moment. Such
earth shall be carefully placed and thoroughly compacted.
B) WIND LOADS. For the purpose of design, wind pressure shall be taken upon the
gross area of the vertical projection of all signs at not less than 15 pounds per square foot for
those portions less than 50 feet above the ground.
In calculating wind pressure on cylindrical or spherical signs or sign structures, this
pressure shall be assured to act on 6/10ths of the projected area. In all open frame signs, the area
used in computing wind pressure shall be 1.5 times the net area of the framing members exposed
to the wind.
C) SEISMIC LOADS. Signs and sign structures shall be designed and constructed to
resist seismic forces as specified in the building code.
D) COMBINED LOADS. Wind and seismic loads need not be combined in the
design of signs or sign structures; only that loading producing the larger stresses need be used.
Vertical design loads, shall be assumed to be acting simultaneously with the wind or
seismic loads.
E) ALLOWABLE STRESSES. The design of wood, concrete, or steel members
shall conform to the requirements of the building code. Loads, both vertical and horizontal,
exerted on the soil shall not produce stresses exceeding those specified in the building code.
Ordinance-24
The working stresses for wind or seismic loads combined with dead loads may be
increased as specified in the building code.
The working stresses of wire rope and its fastenings shall not exceed 25% of the ultimate
strength of the rope or fasteners.
17.11.020 CONSTRUCTION.
A) GENERAL. The supports for all signs shall be placed in or upon private property
and shall be securely built, constructed, and erected in conformance with the requirement of this
title.
B) MATERIALS. Materials of construction for signs shall be of the quality and
grade as specified for buildings in the building code.
In all signs, the materials and details of construction shall, in the absence of specified
requirements, conform to the following;
1) Structural steel shall be of such quality as to conform to standards of the
building code. The thickness of sheet metal, when formed integrally with the display
surface, shall be not less than No. 24 gauge. When not formed integrally with the display
surface, the minimum thickness of the secondary members shall be not less than No. 12
gauge. The minimum thickness of hot-rolled steel members furnishing structural support
for signs shall be of sufficient strength to support the loads imposed upon them. Steel
pipes shall be of such quality as to conform to the building code. Steel members may be
connected with one galvanized bolt provided the connection is adequate to transfer the
stresses in the member;
2) Anchors and supports for signs, when of wood which are embedded in the
soil, or in direct contact with, shall be pressure treated with an approved preservative
before erection.
3) No material, part, portion, or equipment shall be used in any sign that
might become dangerous because of vibration, corrosion, disintegration, or any other
reason.
C) RESTRICTIONS ON COMBUSTIBLE MATERIALS. Freestanding signs may
be constructed of any materials meeting the requirements of this title.
Wall signs, blade or projecting signs, and signs on awnings or canopies or marquees shall
be constructed of incombustible materials, except as provided in subsection (d) of this section.
No combustible materials other than approved plastics shall be used in the construction of
electric signs.
D) NONSTRUCTURAL TRIM. Nonstructural trim may be of wood, metal,
Ordinance-25
approved plastic or any combination thereof.
E) ANCHORAGE. Members supporting unbraced signs shall be so proportioned
that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not
exceed the safe values. Braced signs shall be anchored to resist the specified wind or seismic
load acting in any direction. Anchors and supports to the ground shall be designed for safe
bearing load on the soil and for an effective resistance to pull-out amounting to a force 25%
percent greater than the required resistance to overturning.
Signs supported by frames or posts rigidly attached to the base but not anchored into the
ground shall be so proportioned that the weight and size of the base will be adequate to resist the
wind pressure specified in Section 17.11.010 B).
Signs attached to masonry, concrete, or steel shall be safely and securely fastened thereto
by means of metal anchors, bolts, or approved expansion screws of sufficient size and anchorage
to safely support the loads applied.
No wooden blocks or plugs or anchors with wood used in connection with screws or nails
shall be considered proper anchorage, except in the case of signs attached to wood framing.
No anchor or support of any sign shall be connected to, or supported by, a parapet wall,
unless such wall is designed in accordance with the requirements specified in the building code
for parapet walls.
Cables, chains, wires or other flexible or loosely connected members shall not be
considered as adequate fastening, except for cloth signs and banners.
No sign shall be erected within the City unless the same is securely affixed to a solid
foundation or constructed so as to prevent the movement of the sign in a swinging motion.
F) SIGN QUALITY. All signs, and a copy thereon, visible from the street, shall be
designed and constructed to reduce distraction to motorists, and copy thereon shall be clear,
legible, and compatible with other permitted signs within that zoning district.
Section 7. That a new Chapter 17.13 entitled "Off-Premise Signs" of the Pasco
Municipal Code shall be and hereby is enacted and shall read as follows:
Ordinance-26
CHAPTER 17.13
17.13 OFF-PREMISE SIGNS
Sections
17.13.010 Generally.
17.13.020 Off-Premise Directional Sign Standards.
17.13.030 Off-Premise Directional Sign Location &Approval Requirements.
17.13.040 Standards and Locations for Off-Premise Directional Sign Kiosks.
17.13.050 Off-Premises Directional Sign Kiosk Design.
17.13.060 Eligibility Requirements to use Kiosk Space.
17.13.070 Kiosk Licenses.
17.13.010 GENERALLY. Except where otherwise specifically permitted by this
Code, it shall be unlawful and constitute a civil infraction for any person or entity to erect,
maintain, locate, or re-located any off-premise sign of any kind within the City of Pasco.
17.13.020 OFF-PREMISE DIRECTIONAL SIGN STANDARDS. All off-premise
directional signs shall conform to the following standards:
A) Be constructed of an aluminum sign stock or alternate material of equal quality
approved by the Community & Economic Development Director.
B) Be affixed to the ground by a metal post of a gauge, size and height equal to those
used for the erection of stop signs and standard street name signs.
C) Sign faces shall not be larger than 2 feet by 2.5 feet in size.
D) All sign backgrounds shall be painted white with a blue trim or border as
approved by the Community & Economic Development Director.
E) Lettering and arrows shall be painted blue and of the specified lettering fonts as
approved by the Community& Economic Development Director.
F) All signs, including the lettering thereon, shall be reviewed for clarity, legibility
and compatibility with other signs within the zoning district.
17.13.030 OFF-PREMISE DIRECTIONAL SIGN LOCATION & APPROVAL
REQUIREMENTS. Off-premise directional signs not proposed for approved kiosks may be
permitted in commercial or industrial zones of the City through the Special Permit Process
provided the following conditions are met.
A) The business or place requesting the special permit must clearly demonstrate it is
in a location that is difficult and or confusing to find.
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B) The business or place does not have direct access to an arterial street.
C) That there are no other reasonable and cost effective alternatives of directing
individuals to the business or place.
D) Be supported by findings of fact developed through the review criteria in
25.86.060.
E) Located on private property; and
F) Not be adjacent locations identified in 17.30.040.
17.13.040 STANDARDS AND LOCATIONS FOR OFF-PREMISE
DIRECTIONAL SIGN KIOSKS. Due to the lack of intensive development and or the existence
of new streets, certain areas of the community will be permitted to have off-premise directional
sign kiosks. Off-premise directional sign kiosks are permitted to be erected near the
intersections of the following streets:
A) Broadmoor Boulevard & St. Thomas Drive.
B) Broadmoor Boulevard& Sandifur Parkway.
C) Sandifur Parkway & Road 68.
D) Road 68 & Burden Boulevard.
E) East Lewis Street & East Lewis Place.
F) Hillsboro Street & Commercial Avenue.
G) Hillsboro Street & Railroad Avenue.
H) Oregon Avenue & James Street.
I) Lewis &28th Avenue.
The City Council may periodically review the need for off-premise directional sign
kiosks and modify the list of permitted locations for such signs by either adding or deleting
approved locations.
Off-premise directional sign kiosks may be placed in the public right-of-way or private
property on sites that are compatible with the surrounding environments and complying with the
criteria set forth in this code and do not create hazard upon approval by the Community &
Economic Development Director.
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17.13.050 OFF-PREMISE DIRECTIONAL SIGN KIOSK DESIGN. Off-premise
directional sign kiosks shall be designed and constructed by a licensed sign contractor. All off-
premise sign designs and construction materials must be approved by the Community &
Economic Development Director. As a minimum criteria, all directional sign kiosks shall be
construction of a metal or masonry framework and contain panel space for a minimum of 4
individual business identification signs. The color of the kiosk and individual sign plates shall
not interfere with traffic signals or signage and shall be compatible with the character of the
surrounding commercial environment, if any.
17.13.060 ELIGIBILITY REQUIREMENTS TO USE KIOSK SPACE. All
individual signs on a kiosk must be approved by the Community & Economic Development
Director.
To be considered eligible for placement a off-premise sign kiosk, a business,
organization, or place must; meet or comply with items A) and B) listed below acid meet or
comply with at least one of the criteria identified in C), D) or E)below:
A) Be a business, organization or place within the City limits of Pasco and be within
the general vicinity of the location of the kiosk; and
B) Not have erected an on premise freestanding sign higher than 35 feet after the
passage of this ordinance. Those properties that contain at least 100,000 square feet of floor area
are exempt from the prohibition of on premise signs exceeding 35 feet in height; and
C) Be a place or organization of community wide interest, operating programs in
Pasco and recognized by a civic entity; or
D) Be a tourist attraction recognized by the City of Pasco or the Tri-Cities Visitor
and Convention Bureau; or
E) Have at least 5,000 square feet of floor area within one building and/or an
approved outdoor display area exceeding 20,000 square feet.
17.13.070 KIOSK LICENSES. All off-premise sign kiosks not erected by the City
must be covered by a Iicense prior to permitting. All licenses shall be approved by the City
Council. At a minimum a licensee shall contain terms and conditions that will permit the
location and construction of an off-premise sign kiosk. All licenses shall be prepared by the City
Attorney and shall bind the licensee to strict construction, design, maintenance, and sign message
conditions. Licenses shall be non-exclusive and will give the City the right to authorize or reject
the placement of individual sign plates based upon their form, proportion, scale, color, materials,
surface treatment, overall sign size, and the size and style of the lettering, without restriction by
content. The licensee shall have an obligation to include sign plates of competing businesses or
developments if said sign plates are approved by the City.
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Section 8. That s new Chapter 17.15 entitled "Nonconforming Signs" of the Pasco
Municipal Code shall be and hereby is enacted and shall read as follows:
CHAPTER 17.15
17.15 NONCONFORMING SIGNS
Sections
17.15.010 General.
17.15.020 Maintenance.
17.15.030 Moving of Alterations.
17.15.040 Appeal.
17.15.050 Removal of Nonconforming Signs.
17.15.010 GENERAL.
A) Every sign which by change of zoning district or by annexation of territory to the
City, becomes in violation of, or does not conform to the provisions of this title, shall be
removed or altered so as to conform with the provisions of this title within five (5) years from the
effective date of such amendment or change. Except prohibited signs under Section 17.05.040,
shall be removed upon written notification.
17.15.020 MAINTENANCE. Nonconforming signs may be maintained, repaired
and repainted without a permit or fee; however, the sign, other than change of copy, may not be
modified (unless the modification brings the sign into compliance with this code) expanded,
relocated, or structurally altered. Maintenance excludes major structure repairs designed to
extend the useful life of the nonconforming sign. If the nonconforming sign is damaged by
wind, fire, neglect, or by any other cause, and such damage exceeds 60% of its replacement
value, the nonconforming sign will be removed. Upon change of use of a business or premises, a
nonconforming sign shall be brought into compliance with this code within 180 days.
17.15.030 MOVING OR ALTERATIONS. In such cases where a nonconforming
sign is moved or changed, the sign shall be treated as a new sign and shall be subject to the
requirements of this title.
17.15.040 APPEAL. The period specified in Section 17.15.010 may be extended by
the Hearing Examiner upon application of the person maintaining such sign if the Hearing
Examiner finds that such an extension is necessary for the preservation of substantial property
rights of the applicant. The application for the extension shall be made in writing with the City
Planner within 10 days after notice to remove the sign has been issued by the Building Official.
17.15.050 REMOVAL OF NONCONFORMING SIGNS. If the provisions of
Section 17.15.010 are not complied with regarding removal or alteration of non-conforming
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signs, and no appeal is made in accordance with Section 17.15.040, the non-conforming sign to
may be removed by the city, and the cost thereof shall be charged to the owner or tenant. If the
removal of any sign requires compensation in accordance with RCW 47.42.107, such sign may
remain until the city orders compliance by written notice.
Section 9. That a new Chapter 17.17 entitled "Variances and Appeals" of the Pasco
Municipal Code shall be and hereby is enacted and shall read as follows:
CHAPTER 17.17
VARIANCES AND APPEALS
Sections
17.17.010 Variance and appeal procedure.
17.17.010 VARIANCES AND APPEALS PROCEDURE.
A) POWERS. Recognizing that there are certain cases that may, or may not, be
detrimental to aesthetic character, public health, safety and general welfare, and the effectiveness
of visual communication in the city depending upon the facts of each particular case, a limited
power to issue variance permits and to interpret any section of the title is vested with the Hearing
Examiner.
B) VARIANCES AND APPEALS. Application for appeals and variances from the
ruling of the Building Official, concerning the provisions herein, may be made to the Hearing
Examiner. The City Planner shall receive all applications requesting review of the Building
Official's requirements, decisions, or determinations relating thereto, for a variance. The City
Planner shall fix a reasonable date and time for the public hearing and shall give at least 10 days
advance written notice thereof to the parties and to the owners of property within 300 feet of the
actual or anticipated location of this sign subject to the variance. The Hearing Examiner shall
conduct a hearing and make a decision following the procedures outline in Chapter 25.84 PMC.
C) STAY. An application to the Hearing Examiner stays all proceedings, in
furtherance of the action unless in the opinion of the Building Official a stay would cause
imminent peril to life or property.
D) VARIANCE CRITERIA. The Hearing Examiner may approve a variance for the
requirement of this code if the applicant demonstrates that:
1) Strict application of the code requirement would deny the applicant a
reasonable opportunity to communicate by sign in a manner similar to like persons or
uses because of an unusual or unique circumstance relating to the property or the
proposal, such as site or building location, building design, physical features of the
property, or other circumstance not created by the applicant;
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2) The sign which would result from the variance will not affect the
surrounding neighborhood or other property affected by the request in a manner material
inconsistent with the purposes of this sign code; and
3) The degree of the variance is limited to that reasonably necessary to
alleviate the problem created by the unique of unusual circumstances identified in
subsection A of this section.
E) Appeal Any person or entity having a direct interest affected by the decision of
the Community & Economic Development Director or Building Official regarding the approval
or denial of a permit, conditions imposed for approval, or interpretation or application of the
provisions of this sign code may appeal that decision to the Hearing Examiner in the same
manner as the procedure provided in subsection B above. In hearing the appeal, the Hearing
Examiner shall give deference to the Community & Economic Development Director and
Building Official's expertise and the applicant shall bear the burden of proof that the Community
& Economic Development Director and/or Building Official's decision was arbitrary or
capricious or clearly erroneous.
F) Finality. The Hearing Examiner shall render its decision, together with the
written Findings of Fact within ten (10) working days of the close of the hearing.
G) Unless a Land Use Petition Act appeal by a person having standing is initiated
pursuant to Chapter 36.70C RCW in the Franklin County Superior Court within 21 days of the
issuance of the land use decision, the decision of the Hearing Examiner shall be final.
H) Collection of Expenses Incurred. Whenever, pursuant to the provisions of
Sections 17.15.040, or 17.15.050, the City incurs any expense in connection with the removal or
alteration of any sign, the cost thereof shall be paid by the owner of the real property upon which
the sign is erected or maintained. In the event any other person is in possession of such property
with the consent of the owner, the owner and such other person shall be jointly responsible for
the payment of such cost.
The City shall submit to the owner and/or other person in possession of the premises, a
statement of costs incurred by the City for removing or altering the sign.
Upon the failure to receive full payment within 30 days from the date the statement is
submitted, or within 30 days after conclusion of any appeal proceedings, whichever is later, the
City is authorized to provide for the collection of the amounts due in any lawful manner.
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Section 10. APPLICABLITY TO CAMPAIGN SIGNS
The regulations adopted in this ordinance applicable to campaign signs shall not become
effective until December 1, 2006.
Section 11. REPEAL
The existing Sign Code consisting of the following Chapters of the Pasco Municipal
Code shall be and hereby are repealed in their entirety:
Chapter 17.02, 17.04, 17.08, 17.10, 17.12, 17.14, 17.16, 17.20, 17.24, 17.28, 17.32,
17.36, 17.40, 17.44, 17.46, 17.48, 17.52, 17.56 and 17.60
Section 12. This Ordinance shall take full force and effect the 30th day of September
2006, after its approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington and approved as
provided by law this day of v, 2006.
Joyce on
Mayo
A T: APPROV AS TO FORM:
Debra L. Clark Leland B. Kerr
City Clerk City Attorney
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