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HomeMy WebLinkAbout1179 Ordinance1 " ' ORDINANCE NO. 1179 ' AN ORDINANCE REGULATING THE ERECTION, ALTERING AIM MAINTAINING OF ALL SIGNS; PROVIDDIG FOR ISSUANCE OF PERMITS AND THE FIXING OF FEES THEREFOR; PROVIDING A PENALTY FOR THE VIOLA- TION THEREOF; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: WHEREAS, unless properly regulated, signs can be a hazard to the community, particularly with regard to fire protection of certain buildings and structures and to the vision of those in vehicular traffic; and WHEREAS, the Council of the City of Pasco has found that unless restrictive and adequate sign legislation is adopted, the safety and welfare of the citizens and residents may be seriously affected to the detriment of the entire community; NOW, THEREFORE.: THE COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: ARTICLE I TITLE, PURPOSE AND DEFINITIONS Section 1.1 This ordinance may be cited as the "City of Pasco Sign Ordinance." Section 1_2 The purpose of this ordinance is to adopt a uniform sign regula- tion for the City of Pasco, and its provisions shall be held to be the minimum requirements adopted for the protection of the public health, safety and welfare in the installation, erection, location, alteration, replacing, improving, suspending and maintenance of all signs. Section 1. Unless the provisions or context otherwise require, the definitions set forth in this article shall govern the construction of this ordinance. Section 1.4 Area: The area of any sign shall be the exposed face area, including any background or backing constructed, painted or installed as an integral part of such sign. Where separate or cut -lout figures or letters are used without backing which is an integral part of such sign, the area shall be measured as the area of the smallest polygon, at not to exceed six straight sides, which will completely enclose all figures, letters, designs, and tubing which are a part 0; said sign. The area of double faced signs shall be the area of the larger single face. Section 1. Building: Shall mean any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. Section 1.6 Buildin,& Inspector: Shall mean the Building Inspector of the City of Pasco, or any of his authorized representatives. Section 1.7 Combination Sign: Shall mean any sign which is a combination of a projecting sign and a roof sign, a freestanding sign and projecting sign or a freestanding sign and a roof sign. The term "combination sign" shall include signs commonly referred to as fin signs. Section 1.8 Directional Sign: Shall mean any sign designed and used solely for the purpose of indicating the location or direction of a place or area on the premises upon which the sign is located. Section.1.9 District or Zoning District: Shall mean any district established pursuant to the provisions of Ordinance No. 435, the Zoning Ordinance of the City of Pasco. Section 1.10 Face of Building' Shall mean the general outer surface of any exterior wall of a building or other structure. ' -1- 1\ els t Section 1.11 Freestanding Sign: Shall mean any sign principally supported by one or more poles anchored in the ground or any sign maintained directly upon the ground. Section 1.12 Interior Sign: Shall mean any sign attached to the interior surface of the window of any building or structure, or maintained within three feet of such window and designed to be viewed primarily from the exterior of the building or structure. Section 1.13 Marques: Shall mean a permanent roofed structure attached to and supported by a build..rg and projecting over public property. Section 1p1 Nonconforming Sikn:, Shall mean any sign lawfully constructed prior to the enactment of this ordinance, which fails to conform to the provisions of this ordinance. Section 1.15 Person: Shall mean and include persons, firms, partnerships, associations, or corporations. Section 1.16 Pro�iectinZ Sign: Shall mean any sign which is attached to the face of a building or other structure and extends outwards from such face. Section 1.17 _-§J.-Shall be broadly construed to include any advertisement, name, figure, character, delineation, announcement, advertising structure, device, symbol, or any other thing of a similar nature designed to identify any person, business, commodai�y or ,service o-.^ to otherwise attvact attention and shall include all parts, portions, tulits or materials composing the same, together with its frame and background. "Sign" shall include outdoor advertising displays and outdoor advertising structures. "Sign" shall include street cloths, barber shop poles, and similar -devices used to identify a particular type of business or activity. "Sign" shall not include signs maintained entirely within a building, which are maintained more than three feet behind a window in such building. Section 1.18 Structure: Shall mean anything constructed or erected, or composed of parts joined together in some definite manner. Section 1.19 Temporary Sign: Shall mean any sign, flag, banner, pennant or poster advertising an event occurring on a specific date and of a type normally displayed for a short period of time only. Section 1.20 Wa11 Si a: Shall mean all signs which are attached parallel to, or flat against, or are Painted on, the wall or exterior of the windows of a building or str uct re. Section 1.21 Election Signs: Those signs pertaining to the election of persons to any public office. ARTICLE 2 PERMITS AND ADMINISTRATION Section 2.11 No person shall erect, reconstruct, alter, relocate or place any sign within the City of Pasco without first obtaining a sign permit from the Building Inspector except as expressly provided otherwise in this ordinance. Section 2.2 Applications for sign permits shall be made upon forms provided by the Building Inspector and shall contain or have attached thereto the following information: (a) Name, address and telephone rn zber of the applicant, the property owner or tenant, and the person erecting the sign, -2- and the location at which the sign is to be erected or altered. (b) A plot plan indicating the position of the sign in relation to structures - and other signs on the same parcel, (c) A statement by the applicant that the written consent of the owner or tenant of the building; structure, or land to which the sign is to be attached or on which the sign is to be erected has been obtained if applicant is not the owner of the property. (d) Copy of stress sheets and calculations showing that the sign is designed for dead load and wind pressure in any direction in the amount required by this ordinance shall be furnished to the Building Inspector in every case where he determines that such stress sheets and calculations are necessary in order for him to ascertain that the proposed erection will be safe. The Building Inspector may require that such: data be prepared by a civil or structural engineer licensed in the State of Washington, subject to Uniform Code. (e) Require removal of political signs. (f) Such other informat.on as the wilding Inspector deems necessary to show full compliance with this and all other laws and ordinances. Section _� Every applicat ion for a sign permit shall be accompanied by a nonrefundable fee of $5.00 If a sign is erected or altered prior to obtaining a sign permit as required by this ordinance, the permit fees shall be doubled, but the payment of such double fee shall not relieve any person from complying with all other provisions of this ordinance nor from liability to any penalties prescribed herein. Section 2.4 Repainting of signs, or the changing of advertising copy. thereon, shall not be considered an alteration which requires a sign permit unless a structure,, change is made or the sign area is changed. Section,2.5 Permits shall not be required for the following signs provided that only one of each such signs shall be permitted for each street frontage cf any parcel of real property unless specifically provided otherwise: (a) In residentailly zoned districts, a sign not ex-ceeding six square feet in area which advertises the sale, rental or lease of the premises upon which said sign is located. (b) In non—residentially zoned districts, signs not exceeding six square feet in area, which advertise the sale, rental or lease of the premises upon which said sign is loca1'ed. There shall be no limit on the number of such signs. --3— -4- (c) A sign and a bulletin board, each not over 16 square feet in area, for any charitable or religious institution when located on the premises of said institution. (d) A sign not exceeding 32 square feet in area denoting the architects, engineers and contractors of any work actually under construction. Individual signs mounted on a single backing not exceeding 32 square feet in area ohiall comply with this paragraph. (e) A sign not exceeding two square feet in area plus, for buildings in non -residentially zoned districts, one square foot for each tenant in the building denoting only the name of a building or the names and the professions of the occupants of a building. (f) A memorial sign or tablet, and the name of a building and date of erection, when not in excess of ten ,quare feet. (g) A sign not exceeding two square feet in area designating the location of a public utility facility available for public use, including telephones. (h) Signs relating to elections. Seet�ion 2.6 The provisions of this ordinance shall have no application to the following: (a) Signs erected or installed by or at the direction of the City of Pasco. (b) Traffic signs, legal notices, railroad warning signs, signs showing the Jocation of underground public utility facilities, and other signs of a non - advertising nature erected for warning or emergency purposes. ARTICLE 3 GENERAL REGULATIONS Section 2.1 No person shall erect, reconstruct, alter, relocate or place any sign within the City of Pasco except such signs as are permitted by this ordinance. All Signs including the framas, braces, or supports thereof, shall be constructed and main-tained in compliance with this ordinance, the Building Code, the Zoning Ordinance and all other applicable ordinances of the City of Pasco. Section 3.2 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, Section No sign shall be erected so as to obstruct the vision of vehicular traffic or at any location whare it may interfere with, or be confused with, any traffic signal or device. Section 3.A It shall be unlawful for any person to display any obscene matter on any sign. Section 3.5 All signs, including signs installed prior to the adoption df this ordinance, shall be constantly maintained 1n a state of security, safety and good repair. If the Building Inspector finds that any sign is unsafe or insecure., or is a menance to the public safety, or has been constructed, erected, relocated or altered after the effective date of this ordinance 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 ordinance within ten days after such notice, the Building Inspector may cause such sign to be removed and the cost thereof shall be paid by the owner or tenant. The Building Inspector may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. �� -5 - Section 5.6 Any sign 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 so to do within 30 days after written notice from the Building Inspector, the Building Inspector shall remove or paint out such sign and any expense incident thereto shall be paid by the owner or tenant. Section 3.? No sign containing electri.,1 wiring or connections shall be installed until the sign has been inspected and approved by the Building Inspector or his representative. The Building Inspector may accept the approval Of such sign by the Underwriters Laboratories or other recognized testing agency as prima facie evidence of compliance with the requirements of the City of Pasco for the electrical wiring and -the construction of such sign. Section 3.8 It shall be 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 his tenant. Section 3.9 It shall be the responsibility of every owner of real property and his 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 ordinance. Section 3.10 No sign shall be attached to, anchored in, supported by any structure or pole placed on, or otherwise located on or allow ed to extend into public property, except as otherwise provided in this section, unless a revocable permit to do so is first obtained from the City Council. Signs supported entirely on private property may extend up to 10 feet into the public right-of-way, provided that in no event shall any sign be permitted to extend within two (2) .feet of any portion of a public right -of -Fray used principally for vehicular traffic. Signs supported entirely on private property may extend up to six (6) inches into any alley. Portions of signs extending into a public right-of-way shall have a minimum vertical clearance of eight (8) feet between the bottom of the sign or its supporting structure, and ,the surface of the ground or sidewalk below, provided however, that any sign extending into a public alley shall have a minimum of fourteen (14) feet, vertical clearance between the bottom of the sign or its supporting structure and the surface of the ground or the sidewalk below. Section 3.11 Any sign which is permitted to extend over, or to be maintained on, any property in which the City of Pasco, the County of Franklin or the State of Washington owns an interest shall be removed or altered by the person maintaining such sign, at his sole expense, on ten days written notice from the Building Inspector whenever, by reason of changed traffic conditions or the construction or relocation of public improvements or otherwise, the Building Inspector finds that the continued existence of such sign is no longer consistent with the purposes for which such public property is to be used. Section 3.12 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 either the laws of the State of Washington, or the orders and regulations of the kTashington Public Utilities Commission and the Washington Department of Industrial Relations. Section 3.13 No person shall use or operate any public address system, loud speaker system, or sound amplifying system_, wh_ethpr, the source thereof is a human =5- 10 voice, recording electrical transcription, or musical tone, in connection with or attached to any sign, whether stationary or moving, in such manner as to allow the sounds emitted therefrom to be audible on any street or sidewalk without obtaining a permit from the City Council therefor. In granting any such permit, the Council may establish reasonable conditions thereon and shall. prescribe the areas where any moving sound vehicle may be used. Section .111 The provisions of this ordinance shall be applicable to signs which are maintained on vehicles, including trailers, if the primary purpose or use of the vehicle is the display of advertising matter. The provisions of this ordinance stall not be applicable to signs maintained on vehicles when such advertising is incidental to the primary purpose for which the vehicle is being used. No person shall maintain within, or move upon the public streets of the City of Pasco, any vehicle when the primary purpose or use of the vehicle is the display of advertising matter without obtaining a permit from the City Council therefor. In granting such permit, the Council may establish reasonable conditions thereon and shall prescribe the areas where the vehicle may be used.. The provisions of this section shall not be applicable to sign vehicles being transported through the City of Pasco in the course of movement to a specific destination over the most direct and shortest route to that destination. Section 3.15 Freestanding signs may not exceed 350 sq. ft. in area. Section 1.16 (a) The total height of a free standing sign shall not exceed fifty (50) feet. (b) Free standing signs with over 150 sq. ft. of area shall have an open space of not less than sig,: (6) feet between the bottom of the sign and the ground level of any planter box around the base of the sign. Section x.17 Not more than one free standing sign shall be placed or maintained on any parcel in one ownership, provided however, if the po perty under one ownership has 200 feet or more of frontage, that for every 200 feet of frontage in excess of the first 200 feet, one additional sign may be allowed. This section shall apply to shopping centers. Frontage under this section shall be construed to mean that street on which the building, buildings, or majority of buildings face. Double faced signs supported by a single structure shall be construed to be a single -freestanding sign under this section. Section 3.18 The total area of all wall signs on any wall of a structure shall not exceed 25 percent of the wall area, including openings, when said wall area does not exceed 500 square feet. When the wall area exceeds 500 square feet, the total area of such wall signs shall not exceed 125 square feet plus five per cent of the wall area in excess of 500 square feet. Section 3.19(a) No wall sign shall extend beyond the top of the wall to which it is attached. (b) No wall sign shall extend beyond the ends of the wall. (c) No portion of any wall sign shall extend more than 18 inches beyond the face of the wall to which it is attached. 10 -7 - Section 3.20 Projecting signs shall not exceed 125 square feet in area. Section 3.21 (a) No projecting sign shall extend above the wall of the building or structure upon which it is located for a distance in excess of 30 per cent of the total height of such wall face measured from a point directly below such sign. (b) Except as provided in Section 3.10, projecting signs shall have a minimum clearance of eight feet between the bottom of the sign and the ground or paved surface immediately below the sign. (c) Projecting sign -a- shall not exceed 18 inches in thickness. (d) Projection and/or combination signs'shall_he' locat=:d no. 6loser than 11. feet (1.01) to any other projecting sign, nor closer than five feet (5') to any Side property line. Section 3.22 The maximum a^ a of any roof sign shall be computed in accordance with the following table: Height of building in Feet at Eaves Under 25 25 to 35 35 to 45 45 to 55 55 & over Maximum Sign Area in Square Feet 120 150 180 220 260 Section 3.2.3 (a) The total height of a roof sign above the roof at the place at which it is located shall not exceed ten feet or 30 per cent of the height of the building, whichever is greater, upon which it is erected. (b) Every roof sign shall be secured to or bear upon bearing walls, columns, or girders. (c) No roof sign shall be permitted on or over any roof with a pitch greater than four inches of rise in 12 inches of run, (d) Every roof sign shall be so located on the roof as to permit unobstructed access by an opening of at least four feet by four feet, (1) around one end of the sign, or (2) under the sign, or (3) through the sign. Sectio -d_3.24 Combination signs shall not exceed 150 square feet in area. Section 3.25 (a) Every combination sign constructed partially above the roof of a building or structure shall comply with the requirements of Section 3.21. (b) Every combination sign partially supported by poles anchored in the ground or directly upon the ground shall comply with the requirements of Section 3.16 (a)and Section 3.21 (d). (c) Except as provided in Section 3.10, combination signs shall have a minimum clearance of eight feet between the bottom of the sign and the ground or paved surface immediately below the sign. Section 3.26 The provisions of this article shall not be construed as permitting any sign to have an area larger than the maximum aggregate area permitted on any parcel pursuant to Article 5 or as relieving any person from complying with any provision of this ordinance which is more restrictive than those contained in this article. -7- ART ICLE 4 DESIGN AND CONSTRUCTION Section 4.1 All signs shall be designed and constructed to resist wand and seismic forces as specified in this article. 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 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. Section 4.2 For the purpose of design, and except for roof signs, 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 Tess 36 feet above the ground, and at not less than 20 pounds per square foot for those portions more than 50 feet above the ground, and at not less than 25 pounds per square.. -foot for those portions 99 feet above the ground. Wind pressure upon roof signs and their supports shall be taken at not less than 30 pounds per square foot of the gross area of the plane surface acting in any direction for signs whose extreme elevation above ground is 60 feet or more than 20 pounds per square foot for roof signs whose extreme elevation above the ground is less than 60 feet. In calculating wind pressure on cylindrical or spherical signs or sign structures, this pressure shall be assumed to act on six - tenth of the projected area. In all open frame signs the area used in computing wind pressure shall be one and one-half tames the net area of the framing members in the side exposed to the wind. Section A.3 Signs shall be designed and constructed to resist seismic forces as provided in the earthquake regulation Appendix, as adopted by the Pasco City Building Code. Section 4a4 Wind and seismic loads need not be combined in the design of signs or sign structures; only that loading producing the larger strceses need be used. Vertical design loads, except roof live loads, shall be assumed to be acting simultaneously with the wind or seismic loads. Section 4.5 The design of wood, concrete, or steel members shall conform to the requirements of Chapters 25, 26, and 27 of the Pasco City Building Code. Vertical loads, exerted on the soil, shall not produce stresses exceeding those permitted by Chapter 28 of the Pasco City Building Code. The working stresses of !wire rope and its fastenings shall not exceed 25 per cent of the ultimate strength of the rope or fasteners. Working stresses for wind or seismic loads combined with dead loads may be increased as specified in Section 2303 of the Pasco City Building Code. Section 4.6 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 requirements of this ordinance. Section 4.7 Materials of construction for signs shall be of the quality and grade as specified for buildings in the Pasco City Building Code. 10 10 In all signs the materials and details of construction shall, in the absence of specified requirements, conform with the following: Structural steel shall be of such quality as to conform with Building Code Standards on structural steel as referred to in Chapter 27 of the Pasco Building Code. Secondary members in contact with, or directly supporting the display surface; may be formed of light gauge steel provided such members are designed in accordance with the specifications of the design of light gauge steel as provided in Building Code Standard for materials and design as referred to in Chapter 27 of the Pasco City Building Code. Secondary members, when formed integrally with the display surface, shall be not less than No. 24 gauge in thickness. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be No. 12 gauge. The minimum thickness of hot rolled steel members furnishing structural support for signs shall be one --quarter inch provided that if galvanized such members may be not less than one-eighth inch thick if galvanizing complies with ASTM specifications A 123-4.7 for zinc (hot galvanized) coatings on structural steel shapes. Steel pipes shall be of such quality as to conform with Building Code Standard for steel pipes as referred to in Chapter 27 of the Pasco City Building Code. Steel members may be connected with one galvanized bolt provided the connection is adequate to transfer the stresses in the members. Anchors and supports for signs when of wood which are embedded in the soil, or are indirectly in contact therewith, shall be pressure. treated with an approved preservative before erection. No material, part, portion, or equipment shall be used in any sign which might become dangerous because of vibration, corrosion, disintegration, or any other reason. Section !_S All signs shall be of incombustible materials except signs not exceeding 35 square feet in area which do not exceed six feet in height and which are not attached to a building. No combustible materials other than plastics approved by the Building Inspector shall be used in the construction of any electrical sign. Incombustible material is any material which will not ignite at, or below a temperature of 1,200 degrees Fahrenheit and will not continue to burn or glow at that temperature, Section 4.�9 Members supporting unbraced signs shall be so proportioned that the bearing loads impcs ed on the soil in either direction, horizontal or vertical, shall not exceed the safe values. Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pull-out amounting to a force 25"Itper cent 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 4.2. 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. ' -10- 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 Building Code. for parapet wall, unless such wall is designed in accordance with the Building Code for lateral bracing, Chapter 23, Appendix, of the Uniform Building Code for parapet walls. Section 4..10 Cables, chains, wires or other flexible or loosely connected members shall not be considered as adequate fastening, except for cloth signs and banners. ARTICLE 5 REGULATIONS BY Z0IIING DISTRICT Section 5.1 No sign, Except (a) those signs described in Section 2.5 and (b) a single sigh for each street frontage not exceeding four square feet in area, and denoting only the name of a building or the names and pr:fessions of the occupants of a building, shall be permitted in any Residential zoning district. The sign permitted by (b) may, with respect to apartment houses containing more than four dwelling units, be increased by one square foot for each dwelling unit in excess of four, but shall not exceed a maximam area of 30,square feet. In the event a parcel of property lies to the rear of another parcel, and has no direct frontage on a public street, the width of such rear parcel shall be deemed to be the same as the lot frontage of the front parcel. The width of any access easement across the froat parcel shall not be included, for purposes of this section in computing the lot frontage of either parcel. The provisions of this section shall not be construed as permitting any individual sign to exceed the area limitations otherwise established by this ordinance for specific types of signs. In computing the maximum area of signs on any parcel for purpose of this section, the area of conforming directional signs, temporary signs, interior signs, tract signs, or signs described in Section 2.5 located in the parcel shall not be included. Section 5.2 Signs not designed, used or maintained solely for purposea, of identifying the name and ownership of a business conducted on the parcel on which the sign is located or for the purpose of advertising the sale, lease, or hire of goods or services produced or sold on such parcel, shall be permitted in C-1, C-2, C-3 and 11-1 Districts and shall not be placed or maintained in any other zoning district. Secti_on_5,3 Signs that rotate, flash or are otherwise designed to give the appearance of being animated or moving are prohibited in all zoning districts except the C-1, C-2, C-3 and I-1 Districts. ARTICLE 6 DIRECTIONAL AND INTERIOR SIGNS Section 6.1 Signs designed and used solely for the purpose of indicating the location or direction of a place or area on the premises upon which loated, including signs denoting entrances, exits, parking areas and similar signs, may be erected without a sign permit, and in addition to all other signs permitted by this ordinance, if they comply with all of the following provisions: (a) Directional signs shall not exceed four square feet in area. (b) No more than eight directional signs shall., be permitted on any parcel of real property. Section 6.2 Interior signs shall be permitted in addition to all other signs permitted by this ordinance without permit, and without complying with the provisions of Article 4 if they comply with all the following provisions: (a) No interior sign shall be permitted in the R-1 and R-2 zoning districts. -10- . -11- ARTICLE 8 TEMPORARY SIGNS Section 8.1 Temporary signs may be erected in addition to all other signs permitted by this ordinance, without complying with the provisions of Article 4, if they comply with the provisions of this article. Section 8.2 Temporary signs shall be used solely for the purpose of advertising an event occuring on a specific date, such as elections, theatrical and circus performances and special sales by retail stores. Section 8.3 Temporary signs shall not be maintained for a period in excess of 60 days and in no event, shall such signs be maintained more than ten days after the happenings of the event advertised thereon. Section 8.4 No person shall erect or maintain any temporary sign until a permit therefore has been secured from the Building Inspector. Applications for a temporary sign permit shall be made on forms provided by the Building Inspector and shall be accompanied by a non-refundable inspection fee of One Dollar ($1.00) for each sign, except that the provisions of this section shall not apply to election signs as provided for in Secthn 2.5 (h). Esrery application for a temporary sign shall be accompanied by a cash deposit of Five Dollars for each temporary sign proposed to be erected to assure removal of such signs in accordance with the provisions of Section 8.3. On the failure to remove the signs as required by Section 8.3, the deposit shall be forfeited to the City of Pasco; otherwise the Building Inspector shall cause the deposit to be refunded. In lieu of a cash deposit, the Building Inspector may accept a bond executed by a corporate surety authorized to do business in the State of Washington and conditioned upon removal: of the temporary signs in compliance with the provisions of Section 8.3, except that the provisions of this section shall not apply to election signs as provided for in Section 2.5 (h), provided however, that this exception will in no way be construed to be a waiver of the City of Pasco's right to impose penalties for the failure to remove all such election signs. Section 8.5 Temporary signs shall not exceed 35 square feet in area, nor shall the aggregate area of all temporary signs on any one parcel exceed 35 square feet. Section 8.5 No temporary sign shall be permitted on, or to extend over, any public property; provided, however, that the Building Inspector may issue a permit for the erection or maintenance of banners, flags, bunting and similar devices over any public right of way if he finds that such device is to be maintained in connection with an event of a general civic and public nature conducted within the City of Pasco. The Building Inspector may establish conditions on such permit as may be necessary to assure compliance with the purposes of this ordinance. Section 8.7 No temporary sign shall be placed or maintained in the R-1 or R-2 Zoning Districts, except those signs designated in Section 2.5 of this ordinance. ARTICLE 9 TRACT SIGNS Section 9.1 Signs advertising the sale of five or more lots in a tract or subdivision, and hereinafter referred to as "tract signs", shall be permitted in addition to all other signs permitted by this ordinance if they comply with all the provisions of this article. Section 9.2 No person shall erect or maintain a tract sign until a permit therefore haeen secured from the Building Inspector. Applications for a tract sign permit shall be made on forms provided by the Building Inspector, and shall be accompanied by a nonrefundable inspection fee of Five Dollars ($5.00) for each sign. Section 9.3 No tract sign shall exceed 130 square feet in area. Not more than one tract sign shall be permitted for each five lots in any tract or subdi- vision offered for sale. Section 9.4 Every tract sign shall be located within the tract or subdivision being offered for sale and shall be removed within 90=days after the sale of the last parcel in the tract. , -11- -12 - Section 9„A5 Notwithstanding the provisions of Section 5.1, tract signs shall be permitted in residentially zoned districts. ARTICLE 10 NONCONFORIUM SIGNS Section 10.1 Every sign, lawfully in existence at the time of'the adoption of this ordinance and which is in violation of or does not conform to the provisions of this ordinance, shall be removed or altered so as to conform with the provisions of this ordinance within five years from the effective date of this ordinance. Every sign which, by reason of any amendment to the provisions of this ordinance or by change of zoning district or by annexation of territory to this City, becomes in violation of or does not conform to the provisions hereof, shall be removed or altered so as to conform with the provisions of this ordinance within five years from the effective date of such amendment or change. Section 10.2 Nonconforming signs may be v intained, repaired and repainted without permit or fee during the periods specified in Section 10.1, but no structural change shall be made nor shall any increase in area be permitted. Section 10.3 The period specified in Section 10.1 may be extended by motion of the City Council for an additional period upon application of the person maintaining such sign if the Council 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 Clerk within ten days after expiration of the period specified in Section 10.1. Section 10.4 If the provisions of Section 10.1 are not complied with, the Building Inspector shall cause the nonconforming sign to be removed, and the cost thereof shall be charged to the owner or tenant. ARTICLE 11 APPEALS AND aTFORCE1N 7 Section 11.1 The provisions of this ordinance shall be administered and enforced by the Building Inspector of the City of Pasco and his authorized representatives. All other officers and employees of the City shall assist and cooperate with the Building Inspector in administering and enforcing the provisions of this ordinance. Section 11.2 Any permit issued under the terms of this ordinance may be revoked by the Building Inspector when it appears that the sign has been erected or maintained in violation of .the provisions of this ordinance or any other ordinance or law. No such permit shall be revoked until a hearing shall have been held by the Building Inspector. Written notice of the time and place of such hearing shall be given by the Building Inspector to the property owner or tenant at least ten days prior to the date set for the hearing. The notice shall contain a brief statement of the grounds for revoking such permit. Notice may be given either by personal delivery or by deposit in the United States mail in a sealed envelope, postage prepaid, and addressed to the owner or his tenant. Proceedings may be taken under this section irrbpendently of, or supplementary to, proceedings under Section 3.5. Section 11.3 Within 30 days after revocation of any permit as provided in Section 11.2, or within ten days after affirmance of such revocation by the City Council as provided in Section 11.4, the sign or signs described in such revocation shall be removed by the property owner or tenant. If such removal is not completed within that time, the Building Inspector shall cause such sign to be removed and the cost thereof shall be paid by such owner or tenant. Section 11.4 Any person exceptil- to any de�dal or revocation of a permit applied for or held by him pursuant to the provisions of this ordinance, or to any action taken by any official of tha 03.ty of Pasco, concerning such permit, nay appeal in waiting to the City Council by filing with the City Clerk a written notice of such appeal, setting forth the ;specific grounds thereof. Such notice must be filed within 30 days after the date of the action appealed from. The City Clerk shall forthwith set the matter for hearing before the City Council and cause notice thereof to be given to the applicant not less than five days prior to such hearing. At such hearing the appellant shall show cause, on the grounds specified in the notice of appeal, why the action appealed from should not -12- -13 -- be approved. The Council may continue such hearing from time to time, but shall render a decision on said appeal within 60 days after the date of the hearing thereon. The findings of the Council on the appeal shall be final and conclusive in the matter. Pending the outcome of the appeal, all proceedings either by the appellant or by the Building Inspector shall be halted and no action shall be taken by either part. The aggrieved party may withdraw his appeal at any time prior to the decision of the Council. Section 11.5 Any person violating any provision of this ordixance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than Three Hundred Dollars ($300.00) or by imprisonment for not more than 90 days, or by both such fine and imprisonment. Each day or fraction thereof that such violation continues constitutes a separate offense and the offending party shall be subject to the penalty imposed by this section for each and every separate offense. Section 11.6 Whenever, pursuant to the provisions of Sections 3.5, 3.6, 10.4, or 11.3, there incurs any expense in connection with the reatov1 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 person shall be jointly responsible for the payment of such cost. The Building Inspector shall submit to the owner and/or other person in possession of the premises a statement of his costs for removing or altering the sign. The amount of the cost may be appealed as provided in Section 11.4. 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 Building Inspector is authorized to provide fctP' the collection or the amounts payable in any lawful manner. Section 11.7 If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Pasco hereby declares that it would have passed this ordinance, and each article, section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or mo•e articles, sections, subsections,, clauses or phrases be declared unconstitutional. Section 11.8 Ordinance No. 11.79, entitled "A.n Ordinance Regulating and Relating to the Construction and Maintenance of Outdoor Advertising Structures and Regulating Signs";" is adopted and all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11.9 This ordinance shall be in full force and effect after its passage and publication as required by law. Passed by the City Council and approved as pro'v'ided by law this 20 day of April, 1965. ATTEST: City Clerk Mar APPROVED AS TO FORM: City Attorney ''— _,13-