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HomeMy WebLinkAbout1441 Ordinancef ORDINANCE NO. 1441 AN ORDINANCE REGULATING THE ERECTION, ALTERATION AND MAINTENANCE OF ALL SIGNS; PROVIDIPIG FOR ISSUANCE OF PERMITS AND FIXING THE FEES THEREOF; PROVInIPIG A PENALTY FOR THE VIOLATION THEREOF; AND REPEALING ORDINANCE 1179 AND ALL AMENDMENTS THERETO, AND REPEALING TITLE 17 OF THE PASCO MUNICIPAL CODE. THE COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOHS: ARTICLE I TITLE, PURPOSE, AND EPIFORCFMENT Section 1.1 TITLE. This Ordinance shall be known as the Sign Code of the City of'Pasco, Washington. Section 1.2 PURPOSE. The purpose of this Code is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction, location, electrification, hanging and maintenance of all signs and sign structures not located within a building. Section 1.3 ENFORCEMENT. (a) ENFORCING AUTHORITY. The City Manager or his appointee is hereby authorized and directed to enforce all provisions of this Code. The Building Inspector normally will be the said appointee. (b) RIGHT OF ENTRY. Upon presentation of proper credentials, the Enforcing Authority may enter at reasonable time any buildinq, structure, or premises, in the City, to perform any duty imposed upon him by this Code. (c) BOARD OF ADJUSTMENT. In order to provide for reasonable interpretation of the provisions of this Code, appeals shall be taken to a Board of Adjustment as provided in the Zoning Ordinance of the City of Pasco. (d) VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm or corporation to erect, hang, construct, enlarge, alter, repair, move, convert, equip, use or maintain any sign or sign structure in the City, or cause or permit the same to be clone, contrary to or in violation of any of the provisions of this Code. Section 1.4 NON -LIABILITY. This Ordinance shall not be construed to relieve from or essen the responsibility or liability of afiy party ownina, operatina, installing, or controlling any sign for damages to person or property caused by any defect therein, nor shall the City or any agent thereof he held as assuming any such liability by reason of the inspection authorizes+ hereunder or certificate of inspection issued by the Enforcing Authority. ARTICLE II DEFINITIONS Section 2.1 GENERAL. For the purpose of this Code, certain abbreviations, terms, phrases, words, and their derivatives shall be construed as specified in this Chapter. 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. Section 2.2 AREA. The area of any sion shall be the exposed face area, including any arc s�roound or backing constructed, painted or installed as an integral part of 1 such sign. Where separate or cut-out 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, and not to exceed six straight sides, which will completely enclose all figures, letters, designs, and tubing_ which are a part of said sign. The area of double faced signs shall be the area of the larger single face. Section 2.3 BOARD OF ADJUSTMENT. Shall be the Board of Adjustment as set forth inthe oning Ordinance. BUILDING. Shall mean any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. BUILDING CODE. Shall be the Building Code of the City. BUILDING INSPECTOR. Shall mean the Building Inspector of the City. BUILDING LINE. Shall mean a line established by Ordinance beyond which no building may extend. Section 2.4 CITY. Shall mean the City of Pasco, t4ashington. COMBINATION SIGN. Shall mean any sign incorporating any combination of the features of freestanding, projecting and roof signs. The term 'combination sign' shall in- clude signs commonly referred to as fin signs. CURB LINE. Shall be the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the City Engineer. Section 2.5 DIRECTIONAL SIGN. Shall mean any sign designated 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. DISPLAY SURFACE. Shall mean the area made available by the sign structure for the purpose of displaying the advertising message. DISTRICT OR ZONING DISTRICT. Shall mean any district established pursuant to the provisions of the Zonina Ordinance of the City. Section 2.6 ELECTRIC SIGN. Shall mean any sign containing electrical wiring, but no it nc1Tuc ing signs illuminated by an exterior light source. Section 2.7 FACE OF BUILDING. Shall mean the general outer surface of any exterior wall of a building or other structure. FILLING STICTION, PUBLIC GASOLINE. "Public gasoline filling station" means any area of land, including any structure or part thereof that is used or designed to be used for the supply of gasoline, 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. FIRE ZONE. Shall mean Fire Zone No. 1, as outlined by Pasco City Code. FREESTANDING SIGN. Shall mean any sign principally supported by one or more uprights, poles, or braces in or upon the ground or any sign maintained directly upon the ground, other than a combination sign as defined by this Code. 2 Section 2.8 No definition. Section 2.9 No definition. Section 2,10 INCOMBUSTIBLE MATERIAL. Shall mean any material which will not ignite at, or below, a temperature of 1,200 degrees Fahrenheit during an exposure of five minutes, and which will not continue to burn or glow at that temperature. INTERIOR SIGN. Shall mean any sign attached to the interior surface of the window of any building or structure, or maintained within the building or structure. Section 2.11 No definition. Section 2.12 No definition. Section 2.13 No definition. Section 2.14 MARQUEE. Shall mean a permanent roofed structure attached to and supported by a building and projecting over public property. Section 2.15 NON -CONFORMING SIGN. Shall mean any sign lawfully constructed prior to the enactment of this Ordinance, which fails to conform to the n rovisions of this Ordinance. NONSTRUCTURAL TRIM. Shall mean the molding, battons, caps, nailing strips, latticing, cutouts or letters and walkways which are attached to the sign structure. Section 2.16 OFF PREMISE SIGN. A sign which advertises a business, service, or product that is not available on the parcel on which the sign is erected. Section 2.17 PARCEL. Shall mean 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. PERSON. Shall mean and include persons, firms, partnerships, associations, and corporations. PROJECTING SIGN. Shall mean any sign, other than a wall sign, which projects from and is supported by a wall of a building or structure. PROJECTION. Shall mean the distance by which a sign extends over public property or beyond the property line. Section 2.18 No definition Section 2.19 ROOF SIGN. Shall mean a sign erected upon or above a roof or parapet wall of a building or structure. Section 2.20 SIGN. Shall be broadly construed to include any advertisement name, figure, character, delineation, announcement, advertising structure, device, symbol, oranyother thing of a similar nature designed to identify any person, business, commodity or service or to otherwise attract attention and shall include all parts, 3 portions, units or materials composing the same, together with its frame and back- ground. "Sign" shall include outdoor advertising displays and outdoor advertising structures, street clocks, barber shop poles, and similar devices used to identify a -particular type of business or activity. "Sign" shall not include interior signs. SIGN STRUCTURE. Shall mean the supports, uprights, braces, and framework of the sign. STRUCTURE. Shall mean anything constructed or erected, or composed of parts joined together in some definite manner. Section 2,21 TEMPORARY SIGN. Shall include any sign, banner, pennant, valance, or advert�ising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light material, with or without frames, intended to be displayed for a limited period of time only. TRACT SIGN. Shall mean signs used for the sale of real property in a platted subdivision. Section 2.22 U.L. Shall mean Underwriters Laboratory. Section 2.23 No definition. Section 2.24 WALL SIGN. Shall mean any sign which is attached parallel to, or flat against, or is painted on, the wall or exterior of a building or structure. Section 2,25 No definition. Section 2.26 No definition. Section 2.27 ZONE OR ZONING DISTRICT. See definition under District. ARTICLE III GENERAL REGULATIONS Section 3.1 GENERAL. No person shall.erect, reconstruct, alter, relocate or place any sign within the City except such signs as are permitted by this ordinance. All signs, including the frames, braces or supports thereof, shall be constructed and maintained in compliance with this ordinance, the Building Code; the Zoning Ordinance and all other applicable ordinances of the City. Section 3.2 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. Section 3.3 TRAFFIC OBSTRUCTION AND VISABILITY 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 that exceeds twelve inches (12") in width between the height of three feet and six feet above the ground on a corner lot within a triangle, the two equal legs of which are formed by lines measured twenty feet along the.property line from the intersection of two streets or fifteen feet from the intersection of a street and alley. Section 3.4 OBSCENE MATTER. It shall be unlawful for any person to display any obscene matter on any sign. 4 Section 3,5 REMOVAL OF DANGEROUS AND/OP. ILLEGAL SIGNS. If the Building Inspector finds that any sign is unsafe or insecure, or is a menace 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 (10) 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. Section 3.6 ABANDONED SIGNS. Any sign now or hereafter existing which no longer adverts sed a bonafide 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 thirty (30) days after written notice from the Building Inspector, the Building Inspector shall cause said sion to be removed or painted out and any expense incident thereto shall be paid by the owner or tenant. Section 3.7 PROPERTY OWNER'S CONSENT. 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, with- out securing the consent of the owner or -his tenant. Secti°on 3.8 PROJECTION OVER PUBLIC PROPERTY. No -sign shall be attached to, anchored in, supported by any structure or pole placed on, or otherwise located on or allowed -to extend into public property, except as otherwise provided in this section, unless a permit is first obtained from•the Board of Adjustment. Signs supported entirely on private property may extend into the public right- of-way as set forth in Table No. 3-A, 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. Signs supported entirely on private property,may extend up to twelve (12) inches_ into any alley, 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 sidewalk below. Section 3.9 RELOCATION REQUIRED. Any sign which is permitted to extend over, or to be maintained on, any property in which the City, 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 (10) days written notice from the Building Inspector, whenever, by reason of changed traffic conditions or the construction or relocation of public improvements or other- wise, the Building Inspector finds that the continued existence of such sign is no longer consistant with the purpose for which such public property is to be used. Section 3,10 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, or as set forth in Table No. 3-B. In case of conflict, the most restrictive shall apply. Whenever it becomes necessary for workmen to be less than ten (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, 5 Section 3.11 AERIAL POWER SOURCE. No aerial power source shall be allowed for any type of sign. Section 3.12 PUBLIC ADDRESS SYSTEMS. (a) STATIONARY. No person shall use -or operate any public address system, loud speaker system, or sound amplifying system, whether the source thereof is a human voice, electrical recording, transcription, or musical tone, in connection with or attached to any stationary sign, in such manner as to allow the sounds emitted therefrom to be audible on any streets or sidewalks within the City without obtaining a permit from the Board of Adjustment therefore. In granting such permit, the Board may establish reasonable conditions thereon and shall prescribe the hours during which any stationary sound equipment may be used. (b) MOBILE. No person shall use or operate any mobile public address system, loud speaker system, or sound amplifying system, over or upon the public streets within the City without first obtaining permission to do so from the Pasco Police Department. In granting'such permission, the Police Department may,establish reasonable conditions thereon and shall prescribe the hours and areas where the vehicle may be used. No permit fee shall be required for this type operation. Section 3.13 DISPLAY VEHICLES. The provisions of this ordinance shall be app�lica to signs which are maintained on vehicles, including trailers, if the primary purpose or use of the vehicle is the display of advertising matter. No person shall maintain within, or move upon the public streets of the City any vehicle when the primary purpose or use of the vehicle is the display of advertising matter without first obtaining a permit therefore. In granting such permit, the Building Inspector may establish reasonable conditions thereon and shall prescribe the areas and hours where the vehicle may be used. The provisions of this section shall not be applicable to sign vehicles being transported through the City in the course of movement to a specific destination over the most direct and shortest route to that destination; or, signs maintained on vehicles when such advertising is incidental to the primary purpose for which the vehicle is being used. TABLE NO. 3-A Projection of signs over public right-of-way Vertical Clearance Maximum Projection Less than 8' NOT PERMITTED 8' to 14' 2' back from curb line Over 14' To curb line TABLE NO. 3-B CLEARANCE FROM POWER LINES AND SERVICE POLES Voltage on power lines and service drops 300 to 8,700 8,700 to 15,000 15,000 to 50,000 Over 50,000 9 Horizontal Vertical Clearance Clearance 31911 0 81 7011 101011 10' + .4' per kv in excess of 50,000 81011 81011 ((1))01011 10' + .4' per kv in excess of 50,000 ARTICLE IV PERMITS, FEES AND INSPECTION Section 4.1 PERMITS REQUIRED. No sian shall hereafter be erected, re -erected, hung, constructed, or altered except as provided by this Code and a permit for the same has been issued by the Building Inspector. A separate permit shall be required for each sign. Section 4.2 APPLICATION. Application for a sign permit shall be made in wr t ni g upon forms furnished by the Building Inspector. Such application shall contain the following information: a. The location by street and number of the proposed structure. b. The name and address of the property owner or tenant. c. The name of the contractor or sign erector. d. A plot plan indicating the position of the sign in relation to structures and'other signs on the same parcel. e. Copy of stress sheets and calculations showing that the sign is designed in accordance with this Code shall be furnished to the Building Inspector in every case where he determines that such 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. ,f. Such other information as the Building Inspector deems necessary 11 .to show full compliance with this and all other laws and ordinances. Section 4.3 EXEMPTIONS. The following signs shall not require a sign permit. These exceptions shall not be constructed 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 and similar signs. b,.' Painting, repairing or cleaning of any sign shall not be considered - an alteration unless a structural change is made. c. A sign not exceeding six (6) square feet in area which advertises the sale, rental or lease of the premises upon which said sign is located. Only one (1) such sign shall be permitted on any parcel of real estate. d. A sign and a bulletin board, each not over sixteen (16) square feet in area, for any charitable or religious institution when — located on the premises of said institution. e. A sign not exceeding thirty-two (32) square feet in area denoting the architects, engineers and contractors of any work actually under construction. Individual signs mounted on a single back- ing not exceeding 32 square feet in area shall comply with this paragraph. 7 f. A memorial sign or tablet, and the name of a building and date erection, when not in excess of ten (10) square feet. g. A sign not exceeding two (2) square feet in area designating the location of a public utility facility available for public use, including telephones. h. Signs relating to elections. Such signs shall be removed within ten (10) days after said election date. i. 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. j. Signs designed and used solely for the purpose of indicating the location or direction of a place or area on the premises upon which located, including signs denoting entrances, exits, parking areas and similar signs, may be erected in addition to all other signs permitted by this Code if they comply with all of the following provisions: 1. Directional signs shall not exceed four (4) square feet in area. 2. No more than eight (8) directional signs shall be per- mitted on any parcel of real property. k. Interior signs, provided that no interior sign shall be permitted in the Suburban R-1, R-1 and R-2 Zoning Districts. 1. Signs located inside the pump line and/or building line of a filling station used for the display and/or advertising of products available for sale. These signs would be of a .portable nature. Section 4.4 FEES. Every application for a sign permit shall be accompanied y a non-refundable fee of $5.00. If a sign is erected or altered prior to obtaining a sign permit as required by this ordinance, the permit fee 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 the liability to any penalties prescribed herein.Fees for temporary signs are set forth in Section 11.4. Section 4.5 MAINTENANCE. All signs, including signs installed prior to the adoption of this ordinance, shall be constantly maintained in a state of security, safety and good repair. 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 code. Section 4.6 INSPECTIONS. All signs for which a permit is required shall e s� ubje,ct to inspection by the Building Inspector or his authorized representative. The permit holder shall notify the Building Inspector 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 before erection. c. Final - to be made immediately after erection. Section 4.7 U.L. APPROVAL. All electrical signs shall bear the U.L. Label. ARTICLE V DESIGN & CONSTRUCTION Section 5,1 GENERAL DESIGN. (a) GENERAL. All signs shall be designed and constructed to resist wind 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 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 two-thirds 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, 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 less ,than 50 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. In calculating wind pressure on cylindricai or spherical signs or sign structures, this pressure shall be assured to act on six -tenths of the projected area. In all open frame signs, the area used in computing windpressure shall be one and one-half 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. blind 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, except roof live 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. 0 The working stresses for wind or seismic Ioads 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 per cent of the ultimate strength of the rope or fasteners. Section 5.2 CONSTRUCTION. (a) GENERAL. The supports for all signs sha be placed in or upon private property and shall be securly built constructed, and erected in conformance with the requirement of this Code. (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 with the following: 1. Structural steel shall be of such quality as to conform with standards of the Building Code. The thickness of sheet metal, when formed integrally with the display surface, shall be not less than No. 24 guage. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be not less than No. 12 guage. 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 with 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 which might become dangerous because of vibration, corrosion, disintegration, or any other reason. (c) RESTRICTIONS ON COMBUSTIBLE MATERIALS. All signs and sign structures erected in Fire Zone.No. 1 shall have structural members of incombustible materials. Freestanding signs may be constructed of any materials meeting the require- ments of this Code, except as provided above. Combination signs, roof signs, wall signs, projecting signs, and signs on 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, approved plastics, 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 direc- tion. Anchors and supports to the ground shall be designed for safe bearing 10 load on the soil and for an effective resistance to pull-out amounting to a force 25 per cent greater than the required resistance to overturning. f 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 5-1. 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 contructed so as to prevent the movement of said sign in a swinging motion. . ARTICLE VI FREESTANDING SIGNS Section 6.1 GENERAL. Freestanding signs may be constructed of any material meeting requirements of this Code, except as provided in Section 5.2 (c). Section 6.2. DESIGN. Freestanding signs shall be designed in accordance with the requirements specified in Article V. Section 6.3 HEIGHT. The total height of a freestanding sign shall not exceed fifty (50) feet. The Board of Adjustment may grant a making the total height of up to 65 variance of up to 15 feet in height feet. Section 6.4 PROJECTION. Freestanding signs shall not project over public property except as provided in Table 3-A. Section 6.5 DISPLAY AREA. Freestanding signs may not exceed 350 square feet. Section 6.6 SPACING. Not more than one freestanding sign shall be placed and maintained on any parcel that is 10,000 square feet or less. For parcels over 10,000 square feet a variance may be granted by the Board of Adjustment on the basis of total display area. Public aasoline.filling stations may have one additional freestanding sign limited to 32 square feet, between the property line and pump line and/or building line. 11 Section 6.7 VISIBILITY. Freestanding signs with over 150 square feet of �y area shall have an open space of not less than six (6) feet between the bottom of the sign and the ground level below. In addition, the provision of Section 3.3 shall apply. Section 6.8 FIRE RESTRICTIONS. Freestanding'sions other than electric signs may have display surfaces of combustible material except in Fire Zone No. 1. ARTICLE VII ROOF SIGNS Section 7.1 GENERAL. Roof signs shall be constructed of incombustible materials except as specified in Section 5.2 (d). Section 7.2 DESIGN. Roof signs shall be thoroughly secured and anchored to the frame of the building over which they are constructed and erected, and shall be designed in accordance with the requirements specified in Article V. Section 7.3 HEIGHT. The total height of a roof sign above the roof at the place a aat wTiich it is located shall not exceed ten (10) feet or thirty (30) percent of the height of the building, whichever is greater, upon which it is erected. Section 7.4 PROJECTION. Roof signs shall not project over public property or beyond a building line. Section 7.5 CLEARANCE AND ACCESS. Passage clear of all obstructions shall be left under, around or through all roof signs exceeding a height of four (4) feet above the roof thereunder. Such passage shall be at parapet or roof level. Section 7.6 DISPLAY AREA. The maximum area of any roof sign shall be computes n accordance with the following table: Height of Building Maximum Sign Area in Feet at Eaves in Square Feet Under 25 120 26 to 35 ISO 36 to 45 180 46 to 55 220 56 & over I 260 •ATICLE VIII WALL SIGNS Section.8.1 GENERAL. Wall signs may be constructed of any material except as provided in Section 5.2 (c). Section 8.2 DESIGN. Wall signs shall be designed in accordance with the requirements specified in Article V. Section 8.3 THICKNESS. The thickness of a wall sign is the distance from the wall to which it is attached, to the face of the sign. No wall sign shall exceed 18;inches in thickness. Wall signs mounted on a wall adjacent to an alley shall only have a thickness of 12 inches provided there is a minimum of fourteen (14) feet vertical clearance between the bottom of the sign and the surface of the ground below. 12 Section 8.4 DISPLAY AREA. 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 percent of the wall area in excess of 500 square feet. Section 8.5 HEIGHT. No wall sign shall extend beyond the top of the wall or beyond the ends of the wall to which it is attached. ARTICLE IX PROJECTING SIGNS Section 9.1 GENERAL. Projecting signs may be constructed of any materials, except as specified in Section 5.2 (c). Section 9.2 DESIGN. Projecting signs shall be designed in accordance with the requirements specified in Article V. Section_ 9.3 PROJECTION. Signs may project over public property a distance determined by the clearance of the bottoms thereof above the level of the sidewalk or grade immediately below, as set forth in Table No. 3-A. Section 9.4 THICKNESS. The thickness of a projecting sign shall not exceed eighteen(18) inches. Section 9.5 CLEARANCE. Projecting signs shall be located no closer than ten 10 fleet horizontally to any other projecting or combination sign, nor closer than five (5) feet to any side property line. Section 9.6 DISPLAY AREA. Projecting signs shall not exceed 125 square feet in area. Section 9.7 HEIGHT. No projecting sign shall extend above the wall of the building or structure upon which it is attached for a distance in excess of thirty (30) percent of the total height of such wall face measured from a point directly below such sign. ARTICLE X COMBINATION SIGNS Section 10.1 GENERAL. Combination signs may be constructed of any materials except.as provided in Section 5.2 (c). Section 10.2 DESIGN. All supports of combination signs shall be placed on or upon Private property and shall be securely built, constructed and erected to conform with the requirements specified in Article V. Section 10.3 PROJECTION. Signs may project over public property a distance determined by the clearance of the bottoms thereof above the level of the sidewalk or grade immediately below, as set forth in Table No. 3-A. Section -10-4 THICKNESS. Thickness of a combination sign shall not exceed eig eth en(18) inches. Section 10.5 CLEARANCE. Combination signs shall be located no closer than ten 10 feet to any other combination or projecting sign, nor closer than five (5) feet to any side property line. 13 v Section 8.4 DISPLAY AREA. 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 percent of the wall area in excess of 500 square feet. Section 8.5 HEIGHT. No wall sign shall extend beyond the top of the wall or beyond the ends of the wall to which it is attached. ARTICLE IX PROJECTING SIGNS Section 9.1 GENERAL. Projecting signs may be constructed of any materials, except as specified in Section 5.2 (c). Section 9.2 DESIGN. Projecting signs shall be designed in accordance with the requirements specified in Article V. Section_ 9.3 PROJECTION. Signs may project over public property a distance determined by the clearance of the bottoms thereof above the level of the sidewalk or grade immediately below, as set forth in Table No. 3-A. Section 9.4 THICKNESS. The thickness of a projecting sign shall not exceed eighteen(18) inches. Section 9.5 CLEARANCE. Projecting signs shall be located no closer than ten 10 fleet horizontally to any other projecting or combination sign, nor closer than five (5) feet to any side property line. Section 9.6 DISPLAY AREA. Projecting signs shall not exceed 125 square feet in area. Section 9.7 HEIGHT. No projecting sign shall extend above the wall of the building or structure upon which it is attached for a distance in excess of thirty (30) percent of the total height of such wall face measured from a point directly below such sign. ARTICLE X COMBINATION SIGNS Section 10.1 GENERAL. Combination signs may be constructed of any materials except.as provided in Section 5.2 (c). Section 10.2 DESIGN. All supports of combination signs shall be placed on or upon Private property and shall be securely built, constructed and erected to conform with the requirements specified in Article V. Section 10.3 PROJECTION. Signs may project over public property a distance determined by the clearance of the bottoms thereof above the level of the sidewalk or grade immediately below, as set forth in Table No. 3-A. Section -10-4 THICKNESS. Thickness of a combination sign shall not exceed eig eth en(18) inches. Section 10.5 CLEARANCE. Combination signs shall be located no closer than ten 10 feet to any other combination or projecting sign, nor closer than five (5) feet to any side property line. 13 Section 10.6 ACCESS. Where applicable, access requirements of Section 7.5 shall ap y: Section 10.7 DISPLAY AREA. Combination signs shall not exceed 150 square feet in area. Section 10.8 HEIGHT. The total height of a combination sign above the roof at the place at which it is located shall not exceed ten (10) feet or thirty (30) percent of the height of the building, whichever is greater, upon which it is attached. ARTICLE XI TEMPORARY SIGNS Section 11.1 GENERAL. Temporary signs may be erected in addition to all other signspermitted by this ordinance, without complying with the provisions of Article V, if they comply with the provisions of this Article. Section 11.2 USE. Temporary signs shall be used solely for the purpose of advertising n event occuring on a specific date, such as theatrical and circus performances and special sales by retail stores. Section 11.3 TIME LIMIT. Temporary signs, shall not be maintained for a period in excess of sixty (60) days and in no event shall such signs be maintained more than ten (10) days after the happening of the event advertised thereon. Section 11.4 PERMIT AND FEES. 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. Every application for a temporary sign shall be accompanied by a cash deposit of Five Dollars ($5.00) for each temporary sign proposed to be erected to assure removal of such signs. On the failure to remove the sign as required, the deposit shall be forfeited to the City ,provided however, that this will in no way be construed to,be a waiver of the City's right to impose penalties for the .fai.lure to remove all such signs; otherwise, the Building Inspector shall cause the deposit to be refunded. Section'11.5 DISPLAY AREA. Temporary signs shall not exceed thirty-five (35) square feet in area, nor shall the aggregate area of all temporary signs on any one parcel exceed 35 square feet. Section 11.6 PROJECTION OVER PUBLIC PROPERTY. 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 maintainance 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. The Building Inspector may establish conditions on such permit as may be necessary to assure compliance with the purposes of this ordinance. Section 11.7 RESTRICTIONS. No temporary sign shall be placed or maintained in any Residential Zoning District, except those signs designated in Section 4.3 of this Ordinance. 14 ARTICLE XII TRACT SIGNS Section 12.1 GENERAL. Signs advertising the sale of five tract or subdivision, and hereinafter referred to as "tract permitted in addition to all other signs permitted by this comply with, all the provisions of this Article. or more lots in a signs", shall be ordinance if they Section 12.2 PERMIT. No person shall erect or maintain a tract sion until a permit t re efore has been 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 non-refundable inspection fee of Five Dollars ($5.00) for each sign.. Section 12.3 DISPLAY AREA. No tract sign shall exceed 130 square feet in area, Not more tan one tract sign shall be permitted for each five lots in any tract or.'subdivision offered for sale. Section 12.4 REMOVAL AND PLACEMENT REQUIREMENTS. Every tract sign shall be ocT ateaw thin 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. Tract signs shall be erected within the permitted building line boundaries in accord- ancee with the Pasco Zoning Ordinance. Section 12.5 EXCEPTIONS. Notwithstanding the provisions of Article XIV, tract signs s a r be permitted in Residentially Zoned Districts. ARTICLE XIII NON -CONFORMING SIGNS Section 13.1 GENERAL. (a) Any non -conforming sign existing at the time of the as opt, of this ordinance.shall be removed or -altered so as to conform with the provisions of this ordinance within 6 months of the effective date of this ordinance, subjected to provisions for appeal of Section 13.3. (b) 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 the 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 ammendment or change.'' Section 13.2 MAINTENANCE. Non -conforming signs may be maintained, repaired and repainted without permit or fee during the periods specified in Section 13.1 or any extensions granted under Section 13-3, but no structural change shall be made nor shall any increase in area be permitted. Section 13.3 APPEAL. The period specified in Section 13.1 may be extended by t� ee Board of Adjustment for an additional period upon application of the person maintaining such sign if the Board 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 Secretary of the Board within ten (10).days after notice to remove said sign has been issued by the Building Inspector. Section 13.4 REMOVAL OF NON -CONFORMING SIGNS. If the provisions of Section 13.1 are not complied with regarding removal or alteration of non -conforming signs, and no appeal is made in accordance with Section 13.3, the Building Inspector shall cause the non -conforming sign -to be removed, and the cost thereof shall be charged to the owner or tenant. 15 ARTICLE XIV ZONING REQUIREMENTS Section 14.1 Zone R-1 Suburban - Single Family Residential District a. No sign shall be permitted in R-1 Suburban Residential Zone except temporary signs for the sale of the real property on which the sign is posted, or in accordance with the Pasco Zoning Ordinance in regard to a Professional Office in a Residence. b. Permitted signs shall be limited to one (1) sign of any type per parcel and shall contain not more than six (6) square feet of display area. Section 1.4.2 Zone R-1 - Low Density Residential District Same as R-1 Suburban Zone Section 14.3Zone R-2 - Medium Density Residential District w Sameas�Suburban Zone Section 14,4 Zone R-3 - Ni h Density Residential District a'Same as R -T SuSurbanZone, Section 14-1 '(a). b. Permitted signs shall be limited to one (1) sign of any type per business or office and shall contain not more than fifteen (15) square feet of display area. Section 14.5 Open Section 14.6 Zone C-1 Retail Business District a. Any type sign permitted by this Code shall be a permitted use. b. The total display area of all types of signs located on any one parcel in a C-1 Zone shall not exceed 600 Square Feet. c. Vertical clearance and projection of signs over public property shall be regulated in accordance with Table No. 3-A. d. Off premise signs shall be allowed in C-1 Zone;except� within the area described in Section 14.13 Section 14.7 Zone C-2 - Central Business District Same as C-1 Retail Business District q Section 14.8 Zone C -1-D - Designated Shopping Center District Same as C�Retail Business District Section 14.9 Zone C-3 - General Business District a. Any type sign permitted +by this Code shall be a permitted use. b. The total display area of all types of signs located in a C-3 Zone shall not exceed 750 Square Feet. c. Vertical height and projection over public property shall be regulatedinaccordance with Table No. 3-A. d. Off premise signs shall be allowed in C-3 Zone except within the area described in Section 14,13. Section '14.10 Zone I-1 - Light Industrial District Same as C-3 General Business District Section 14.11 Zone I-2 - Neal Industrial District Same as C-3 General Business District M Section 14.12 DISPLAY AREA. (a) No exterior advertising sign shall be erected or maintained which simulates the design, wording or'illumination of official traffic regulatory signs or devices. (b) Signs that rotate, flash or are otherwise designed to give the appearance of being animated or moving are prohibited in all Residential Districts. (c) Board of Adjustment may grant a variance in total display area for parcels in Commercial and Industrial zones that are over 10,000 square feet. A 10% increase in total display area may be allowed for each additional 10,000 square feet or major portion thereof in parcel size. Section 14.13 OFF PREMISE SIGNS. No off premise signs will be allowed within an area bounded by Columbia Street on the south, Brown Street on the north, Tacoma Avenue on the east and Lucas Avenue on the west. ARTICLE XV LEGISLATIVE Section 15.1 INTENT. It is the intent of this Code to be compatible with all Zoning g RP eguTations in the City of Pasco as pertains to signs. Section 15.2 RESPONSIBILITY. (a) It shall be the responsibility of the tLity`Counci, upon recommendation from the Planning Commission, to establish limitations of display area and set backs from property lines of all signs in the City. (b) It shall be the duty of the Building Inspector to see that this ordinance is enforced through the proper legal channels. No permit shall be issued for the erection, hanging, installing, moving or otherwise placing of any sign within the City unless such sign meets all the requirements of this code. Section 15.3 BOARD OF ADJUSTMENT PROCEDURE. (a) POWERS. Recognizing that there: are certain cases that may, or may not, be detrimental to public health, safety, morals and general welfare, depending upon the facts of each particular case, a limited power to issue Variance Permits and to interpret any Section of the Code is vested in the Board of Adjustment. Variances and special permits may be granted by the Board of Adjustment in accordance with the Sections of this code as listed in Table 15. Provided that the provisions of Section 22.16.040 of the Pasco Municipal Code is adhered to. (b) APPEALS AND VARIANCES. Applications for special permits and variances from the ruling of the Building Inspector, concerning the provisions herein contained, may be made to the Board of Adjustment. The Secretary of the Board shall receive all applications requesting review of the Building Inspector's interpretation of the provisions of this Code, and any orders, requirements, decisions, or determinations relating thereto, for a Variance and special permit; and shall maintain and be custodian of all records of the minutes of the meetings, and findings of the Board. All records shall be open to the public. Copies of the appellant's notice for all special exceptions shall be filed with the Building Inspector, Planning Commission, and Board of Adjustment, containing the decision of the Building Inspector and the reasons,why the appellant is aggrieved, specifying the grounds therefore. Each application or request for a special exception filed with the Secretary 17 shall be accompanied by a fee of $25.00 to cover the City's cost of handling said request for a special exception. Upon the filing of such an application,. the Building Inspector shall forthwith transmit to the Board of Adjustment all papers constituting the record and decision of the Building Inspector relating to the request for a special exception. The Secretary of the Board shall fix a reasonable time for the public hearing and give due notice thereof to the parties and general public. The decision of the Board of Adjustment shall be upheld by a majority vote of the members present. The Board shall make a decision within a reasonable time after the hearing. (c) STAY. A request for any special exception to the Board of Adjustment stays all proceedings, in furtherance of the action from which the request for a special exception was taken, unless the Building Inspector from who the request for a special exception is taken certifies to the Board, after the notice of a request for a special exception shall have been filed with him, that by reason of facts stated in the certification, a stay would, in his opinion, cause imminent peril to life or property, in which case such action shall not be stayed otherwise than by a restraining order which may be issued by the Superior Court. The decision of the Board of Adjustment on the request for a stay shall be transmitted to the Building Inspector. (d) COLLECTION OF EXPENSES INCURED. Whenever, pursuant to the provisions of Sections 3.5, 3.6 or 13.4, there 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. ThelBuilding 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. Upon the failure to receive full payment within thirty (30) days from the date,the statement is submitted, or within thirty (30) days after con- clusion of any appeal proceedings, whichever is later, the Building Inspector is authorized to provide for the collection of the amounts due in any lawful manner. TABLE 15 SPECIFIC POWER, OF BOARD OF ADJUSTMENT Section Plumber Relating To 3-8 Erection on or over public property 3-12(a) Sound Device on Stationary sign 6-3 Additional height for freestanding signs 6-6 Variance for number of freestanding signs 13-3 Time extension for removal of nonconforming signs 14-12(c) Increase in total display area tu Section 15.4 SEVERABILITY. If any section, subsection, sentence, clause, or:p rase 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. Section 15.5 CONFLICTING ORDINANCES. Ordinance 1179 and all amendments thereto , and Title 17 of the Pasco Municipal Code are hereby repealed. Section 15.6 VIOLATIONS AND PENALTIES. Any person, firm or corporation violating any provisions of this ordinance shall be guilty of a mis- demeanor, and upon conviction thereof shall be punished by a fine of not more than Three Hnudred Dollars ($300.00) or by imprisonment for not more than Ninety (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 15.7 EFFECTIVE DATE. This ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council of the City of Pasco this 15 day of September 1970, ATTEST: / / HAKKT U. ,K i LtK; U! KtU 1 UK 1' F iiVA ILt AHU EX-OFFICI, ITY CLERK -, APPROVED AS JO FORM: 1J NE CAMPBELL, CITE' A' TORNEY 19 NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the City Council of the City of Pasco, Washington, will hold a Public Hearing in the City Council Chambers, Tuesday, September 15, 1970 for the purpose of considering amendments to the present Sign Ordinance in effect in the City of Pasco. NOW, THEREFORE, let all concerned take notice that a Public Hearing will be held by the Pasco City Council of the City of Pasco, Washington in the Council Chambers of the Pasco City Hall, at the hour of 8:00 P.M., Tuesday, September 15, 1970, in order that all concerned may appear and present any objections or support for the proposed amendments. / G 1 f\1\ 1 V. 1\11.L L7\ DI TOR OF FINANCE CITY OF PASCO POST OFFICE BOX 293 1 TELEPHONE (509) 547-8801 ! PASCO, WASHINGTON 99301 September 11, 1970 Honorable Mayor and Councilmen City Hall Pasco, Washington 99301 Attention: Mar B. Winegar, City Manager Dear Sir: Attached are copies of the proposed Sign Ordinance, which was recommended for approval by the Pasco Planning Commission at its regular meeting of September 10, 1970. Respectfully submitted, 0. A Ben D. Rea Secretary Pasco Planning Commission Enclosures Q