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HomeMy WebLinkAbout4678A Ordinance - Amending PMC Title 17 Sign Code and Creating Title 18 Public Arts & Murals Scriveners ErrorsOrdinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 1 ORDINANCE NO. 4678A AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE, CHAPTER 17.10 DEFINITIONS, SECTIONS 17.15.010 INTERPRETATION OF SIGN ALLOWANCE TABLE AND 17.20.010 PERMITS, FEES AND INSPECTION, AND CREATING A NEW TITLE 18 PUBLIC ART AND MURALS. WHEREAS, the City Council adopted the first comprehensive Downtown Pasco Master Plan in January 2023; and WHEREAS, the Downtown Pasco Master Plan Framework includes a vison for creating a Downtown that reflects Pasco’s history, landscape, and culture; and WHEREAS, the vision is to be implemented by establishing a public mural and public art program; and WHEREAS, the City Council recognizes that the addition of public art in Downtown Pasco is a benefit that embraces both the cultural and physical landscape of the community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That Chapter 17.10 entitled “Definitions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 17.10.010 Generally. For the purpose of this title, certain abbreviations, terms, phrases, words, and their derivatives shall be construed as specified in this chapter and are to be used only for the implementation of this title. Words used in the singular include the plural, and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. “Alley” means a public street not designed for general travel and used primarily as a means of access to the rear of residences and business establishments. “Building” means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. “Building code” means the building codes of the City adopted by PMC Title 16. SCRIVENER’S ERRORS This Ordinance corrects Scrivener’s errors and replaces Ordinance No. 4678 See text highlighted in yellow Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 2 “Building Official” means the Building Official of the City and/or the person designated to enforce the sign code by the City Manager. “Building line” means a line established by ordinance beyond which no building may extend. “Change of copy” means the change of a logo, and/or message upon the face or faces of a legal sign. “City” means the City of Pasco, Washington. “Community event” means a community-wide event open to the general public and sponsored by a public agency, a public or private school, or a not-for-profit civic organization. “Curb line” means the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the City Engineer shall establish the curb line. “Display surface” means the area made available by the sign structure for the purpose of displaying the advertising message. “District” or “zoning district” means any district established pursuant to the provisions of PMC Title 25. “Durable” means a nonbiodegradable material that withstands degradation from the elements such as weatherproof card stock, aluminum, metal, UV-protected plastics, treated or painted wood concrete, stone and similar materials. “Erects” means to build, construct, attach, place, suspend, or affix, including the painting of a wall sign. “Face of building” means the general outer surface of any exterior wall of a building or other structure. “Facade” means the entire building front or street wall face, including the grade to the top of the parapet or eaves, and the entire width of the building elevation. “Fence – subdivision” means a common fence constructed along the rear line of residential lots that back on arterial streets and constructed as part of the subdivision improvements. “Filling station, public motor fuels” means any area of land, including any structure or part thereof, that is used or designed to be used for the supply of motor fuels; also deemed to be included within this term shall be: Any area or structure used or designed to be used for polishing, greasing, washing, spraying (other than paint), dry cleaning, or otherwise cleaning or servicing such motor vehicles. Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 3 “Frontage” means the measurement of the length of the property line or building front. “Hearing Examiner” means the Pasco Hearing Examiner as set forth in Chapter 25.195 PMC. “Incombustible material” means 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. “Mansard roof” means a sloped roof or roof-like facade architecturally able to be treated as a building wall. “Multiple-building complex” means a group of commercial or industrial structures. “Multiple-tenant building” means a single structure that houses more than one retail business, office or commercial venture, but that does not include residential apartment buildings sharing the same lot, access and/or parking facilities. “Nonconforming signs” are those which were lawfully installed, but which do not comply with the requirements of this title. “Nonstructural trim” means the molding, batons, caps, nailing strips, latticing, cutouts or letters and walkways that are attached to the sign structure. “Parapet” means a false front or wall extension above the roof line. “Parcel” means the real property on which a business is located or the portion of real property designated for use of a business. Parcel shall include all adjacent property used by a business including yards, parking lots, and storage yards. Where more than one business is located within a building, the property on which that building is located is considered one parcel. “Perimeter” means a square or rectangle required to enclose the sign area. “Periphery of right-of-way” means that portion of the right-of-way lying behind the street improvement. (See definition for “Street improvements.”) “Person” means and includes persons, firms, partnerships, associations, corporations, and other business entities. “Premises” means the real estate as a unit, upon which is displayed the sign or signs mentioned in this chapter. Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 4 “Private road or driveway” means every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons. “Projection” means the distance by which a sign extends over public property or beyond the property line. “Right-of-way (ROW)” means that area of land dedicated for public use or secured by the public for purposes of ingress and egress to abutting property and other public purposes, including that space between the adjacent property line and the back of the street and/or sidewalk improvements. “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. In the event a highway includes two or more separated roadways, the term “roadway” shall refer to any such roadway separately but shall not refer to all such roadways collectively. “Roofline” means the top edge of a roof or parapet or the top line of a building silhouette. “Setback” means the distance measured on a horizontal plane between a public right-of-way line or a property line and the closest portion of a sign thereto. “Sidewalk” means that property between the curb lines or the lateral lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians, or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians. “Sign” means a name, identification, description, display or illustration that is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land and that directs attention to an object, product, place, activity, person, institution, organization or business. However, a “sign” shall exclude any display of official court or public office notice, emblem or insignia of a nation, political unit, school, or religious group. A “sign” shall not include a sign located completely within an enclosed building unless the public may view the sign from a roadway or sidewalk, or the context of this chapter shall so indicate. “Sign, abandoned” means a sign that no longer correctly directs or exhorts any person nor advertises a bona fide business, lessor, owner, product or activity conducted or available on the premises whereon such sign is located. “Sign area” means the total area of a sign visible from any one viewpoint or direction, excluding the sign support structure, architectural embellishments, or framework that contains no written copy, and includes only one side of a double- faced sign. Individual letter signs using a wall as the background without added decoration or change in wall color shall be calculated by measuring the perimeter Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 5 enclosing each letter. The combined total area of each individual letter shall be considered the total area of the sign. Module signs consisting of more than one sign cabinet shall be computed by adding together the total area of each module. Perimeter or sign area shall be established by the smallest rectangle enclosing the extreme limits of the letter module or advertising message being measured. “Sign – awning” means a sign that is hung from and below a building awning or canopy that may extend outwards under the awning or canopy and over the walkway or parking area. “Sign – banner” means flexible material on which a sign is painted or printed that is attached to a building or displayed on the grounds. “Sign – billboard” means a sign or sign structure supported by one or more uprights and braces in the ground or on a building roof upon which general advertising matter is placed, usually by the poster method, erected entirely upon private property. “Sign – blade or projecting” means a sign that is wall-mounted perpendicular to the building that may extend upwards and above the facade and/or outwards and over the walkway or parking area. “Sign – business” means a sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold, or offered upon the premises where such sign is located, or to which it is affixed. “Sign – canopy” means a sign that is painted onto the face or edge of an awning or canopy that is mounted to the building facade. “Sign – changing message center” means an electronically controlled public service time and temperature sign, message center, or readerboard where different copy changes of a public service or commercial nature are shown on the same lamp bank. “Sign – combination” means any sign incorporating any combination of the features of freestanding, projecting and roof signs. “Combination sign” shall include signs commonly referred to as “fin signs.” “Sign – community event regional” means a sign that identifies events occurring at a regional sports/entertainment/convention/trade facility containing 60 or more acres located within 1,000 feet of a freeway interchange and adjacent to a highway of statewide significance. “Sign – construction” means a temporary sign designating the contractor(s), architect(s), and engineer(s) participating in a construction project underway on the same premises. A construction sign may also include the name of the project. Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 6 “Sign – directional” means any sign designated and used solely for the purpose of indicating the location or direction of a place on the premises upon which the sign is located. “Sign – directional off-premises kiosk” means a structure erected by the City or a private party through a license agreement with the City in approved locations bearing multiple off-premises directional signs. “Sign – directional traffic” means a sign that is located to guide or direct pedestrian or vehicular traffic to parking entrances, exits and service areas. “Sign – directory of tenants” means a sign that identifies the building or project name and the tenants which share a single structure or development. “Sign – double-faced” means a sign with two faces. “Sign – electrical” means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper. “Sign – flashing” means an electrical sign or portion thereof that changes light intensity in a sudden transitory burst or that switches on and off in a constant pattern with more than one-third of the light source that is not constant being off at any one time. “Sign – follow-through” means a sign which identifies the location of a business for the purpose of participating in the Washington State Department of Transportation Motorist Information Sign Program. “Sign – freestanding pedestal” means a self-supported sign permanently attached directly to the ground upon a pedestal base or monument foundation and not attached to any building, wall or fence (also called pedestal or monument sign). “Sign – freestanding pole” means a self-supported sign permanently attached directly to the ground supported by upright poles or posts or braces placed on or in the ground (also called ground or pole sign). “Sign – freeway” means a freestanding sign located on the premises where the business, product or service is located, with said sign being within 250 feet of I- 182, SR-395 or SR-12. “Sign – freeway interchange” means a sign that provides only regional identification for a group of businesses within an area defined by a state-recognized business association where the businesses collectively occupy a minimum of 15 acres of land. Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 7 “Sign – garage or yard sale” means a sign advertising a private sale of personal household possessions; not for the use of any commercial venture. “Sign height” means the vertical distance measured from the adjacent grade at the base of the sign support to the highest point of the sign or sign structure, whichever is higher. “Sign – identification” means a sign of an informational nature that directs attention to certain uses other than businesses, individual private residences. “Sign – inflatable” means a large balloon or balloon-like object greater than 18 inches in any dimension that uses blown air or a gas to remain inflated. “Sign – informational private” means a sign placed for the convenience of the property owner used for the sole purpose of designating property control and warning signs such as “no trespassing,” “no dumping,” “patrolled by dogs,” etc. “Sign – informational public” means a sign placed for the convenience of the public used for the sole purpose of designating restrooms, hours of operations, entrances and exits to buildings and parking lots, help wanted, public telephones, public notary, etc. Also included are plaques, tablets or inscriptions that are an integral part of a building. “Sign – interior” means any sign attached to the interior surface of the window of any building or structure, or maintained within the building or structure. “Sign – landmark” means a sign or plaque that is attached to the surface of the building or on a site that identifies or describes the historical, cultural, social, or other significance of a building or site. “Sign – limited duration” means any sign advertising real estate sales or rentals or construction projects utilized for a specified period of time. “Sign, marquee or readerboard” means a sign that displays a changing message using manually mounted lettering or electronic printout that may be mounted on a building or freestanding pedestal or pole. “Sign, marquee or readerboard – portable” means a sign that displays a changing message using manually mounted lettering or electronic printout that may be mounted on an easel, trailer, or other movable equipment. “Sign – nameplate” means a sign which indicates no more than the name and address of the resident of the premises. Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 8 “Sign – nonconforming” means any sign lawfully constructed prior to the enactment of the ordinance codified in this title, which fails to conform to the provisions of this title. “Sign – off-premises” means a sign that carries a message of any kind or directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located, or to which it is affixed. Signs identifying a business complex and containing the names of multiple businesses within the complex shall not be considered an off-premises sign. “Sign – off-premises directional” means a sign providing directions to a public or other community event or facility in a location different than the property on which the sign is posted. “Sign – off-premises informational” means a sign providing information about events conducted at a public or other community facility in a location different than the property on which the sign is posted. “Sign – open house” means a sign welcoming viewers to a piece of residential real estate that is being offered for sale. “Sign – pedestrian-oriented” means a sign the primary purpose of which is to provide information for pedestrians and bicyclists. “Sign – political” means a temporary sign that identifies a candidate(s) for public elective office; urges a particular vote on a ballot measure in a pending public election, whether local, state or national; or expresses an opinion on a public issue. “Sign – portable” means an unlighted business sign, including paper, cardboard, wood or metal, that is capable of being moved easily and that is not permanently affixed to the ground, structure or building. This includes a sidewalk or sandwich board signs, except those worn by a person. “Sign – poster” means a decorative placard or advertisement intended to advertise a movie, theater production, video or CD, or other product or special event that is being conducted or offered for sale. “Sign – readerboard” means a lighted or unlighted business sign or part of a sign on which the letters are readily replaceable such that the copy can be changed from time to time at will. “Sign – readerboard, portable” means a lighted or unlighted business sign or part of a sign on which the letters are readily replaceable such that the copy can be changed from time to time at will. A portable readerboard is capable of being Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 9 moved or trailer mounted and is not permanently affixed to the ground, structure or building. “Sign – real estate” means a temporary sign erected by the owner, or his/her agent, that advertises the real estate upon which the sign is located for rent, lease or sale, or directing people to the property. “Sign – real estate directional” means a temporary and/or portable sign that is intended to assist people finding the location of difficult-to-locate property that is for sale, rent, or lease. “Sign – revolving” means any sign that rotates or turns in a circular motion by electrical or mechanical means and does not exceed eight revolutions per minute. “Sign – roof” means a business sign erected upon or above a roof or parapet of a building or structure. Mansard roof signs shall be considered wall signs. “Sign – sandwich or A-frame” means a temporary portable two-faced board-style sign that is readily movable and has no permanent attachment to a building, structure, or the ground. “Sign – special event” means a temporary sign advertising activities concerning a drive or event of a political, civic, seasonal, cultural, philanthropic, educational or religious event or organization that will occur intermittently. “Sign structure” means any structure supporting or capable of supporting any sign defined in this chapter. A sign structure may be a single pole or may or may not be an integral part of the building or structure. “Sign – temporary” means any real estate, open house, special event, garage sale, or political sign corresponding to a specific event and displayed for a limited period of time. “Sign – tract” means signs used for the sale of real property in a platted subdivision. “Sign – wall” means any sign, mural or graphic design which is attached parallel to, or flat against, or is painted on, the wall or exterior of a building or structure having a commercial message or identification. “Sign – wall mural or artwork” means a mural or artwork painted on a building wall that may or may not have a commercial message, name, or other advertisement incorporated. (Exterior surface color alone is not considered a mural or artwork.) “Sign – wall-mounted” means a sign attached or erected parallel to and extending from the facade or wall of any building to which it is attached. A wall sign is supported through its entire length with the exposed face of the sign parallel to the Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 10 plane of said wall or facade. A sign painted on the wall of a building or a sign painted or attached to a marquee shall be considered a wall-mounted sign. “Sign – window” means any sign which is painted or mounted onto an exterior window pane, or which is hung directly inside the window, including advertisements for services or products in the form of decals, emblems, paint, exposed neon, banners, etc., within three feet of the window pane. “Sign – window, temporary indoor” means any sign (or poster) of a temporary nature displayed within a commercial building on the inside of the glass or in close proximity to the window and may be viewed by persons outside of the building. “Street” means a public or private way open to general public use including all classes of roadways and excepting alleys, driveways, and interstate freeways, but including major internal circulation corridors within parking lots. “Street frontage” means the side of the building facing a street that abuts the property on which the building is located. “Street improvements” means the paved roadway, and adjoining curb, gutter, sidewalk and landscaping. “Structure” means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. “U.L.” means Underwriters Laboratory. Zone, Zoning District. See definition under “District.” [Ord. 4190 § 1, 2014; Ord. 3909 § 1, 2009; Ord. 3790 § 2, 2006; Code 1970 § 17.03.010.] Section 2. That Section 17.15.010 entitled “Interpretation of sign allowance table” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 17.15.010 Interpretation of sign allowance table. (1) The sign allowance table, as incorporated herein, determines whether a specific sign is allowed in a zone district or by land use activity. The zone district or land use activity is identified in the left column and the specific sign allowances are located in the rows of the table. (2) If no symbol or number appears in the table box at the intersection of the column and row, the sign is not allowed in that category or is not subject to an allowance. Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 11 (3) If a number appears in the table box at the intersection of the column and row or in the column or row heading, the sign may be allowed subject to the appropriate requirement and specific conditions indicated in the table footnotes. (4) All applicable requirements shall govern a sign whether or not the requirements are cross-referenced in the table. Sign Allowance Table Permit requirement | Material restrictions | | Number of signs | | | Allowable surface area in sq. ft. (1) | | | | Height in feet (2) | | | | | Projection over ROW to curb line | | | | | | Spacing in linear feet (3) | | | | | | | Visible ground plane/passage area (4) | | | | | | | | Setback from adjacent property line | | | | | | | | | Setback from ROW in feet (5) | | | | | | | | | | | | | | | | | | | | Duration (days) | | | | | | | | | | | Notes | | | | | | | | | | | | Access, landmark, and informational signs - all zones entry/exit freestanding pedestal/pole sign yes durable 1 4 4 5 0 per exit/ entry landmark wall sign/plaque yes durable 1 10 8 5 0 per building frontage informational - private (6) wall sign no durable 1 2 8 5 0 per building frontage freestanding pedestal/pole sign no durable 1 6 4 5 0 per street frontage informational - public wall sign no durable 1 2 8 5 0 per building frontage Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 12 freestanding pedestal/pole sign no durable 1 6 4 5 0 per street frontage Permanent signs Residential districts - RT, R-S-20, R-S-12, R-S-1, R-1, RFAH-1/1A, R-2, R-3, R-4, RMHP identification - dwelling unit wall sign no durable 1 2 8 5 0 per property freestanding pedestal/pole sign no durable 1 2 4 5 0 per property identification - bldg complex wall sign yes durable 1 24 2 0 5 0 per building frontage freestanding pedestal/pole sign yes durable 1 24 4 5 0 per street frontage daycare facility wall sign yes durable 1 16 2 0 5 0 per building frontage commercial freestanding pedestal/pole sign yes durable 1 16 1 5 5 0 per street frontage school/religiou s use (15) wall sign yes durable 1 24 2 0 5 0 per building frontage freestanding pedestal/pole sign yes durable 1 40 1 5 5 0 per street frontage freestanding marquee/reader- board sign yes durable 1 24 1 5 5 0 per street frontage Office/commercial districts - O, C-1, C-2, C-3, C-R, BP, I-1, I-2, I-3 Composite allowance - all sign surfaces maximum per sign window sign (11) no transparent n a 25 % 1 5 per building/street frontage awning sign per business yes durable 1 24 1 5 - 2 8 may extend over walkway canopy sign yes maintained n a 25 % 2 4 - 2 8 may extend over walkway wall sign yes durable n a 25 % n a 1 4 0 Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 13 wall sign - murals/artwork (7) yes maintained n a 25 % n a 0 of commercial message blade/projecting sign yes durable 1 12 5 -2 - 2 5 0 freestanding pedestal sign yes durable 1 35 0 1 5 0 5 0 *freestanding marquee/readerbo ard sign yes durable 1 48 1 5 5 0 per street frontage *freestanding pole - tenant directory sign yes durable 1 12 3 5 0 6 5 0 up to 12 tenants per sign *freestanding pole sign yes durable 1 35 0 3 5 0 6 5 0 off-premises directional sign (14) yes durable 1 5 1 5 5 0 Commercial/industrial districts - C-3, C-R, BP, I-1, I-2, I-3 maximum per sign freeway sign yes durable 1 35 0 7 0 50 0 6 3 5 3 5 per freeway frontage per freeway or freeway interchange (9) sign yes durable 1 48 0 7 0 50 0 6 3 5 3 5 per 15-acre site minimum frontage property and freeway readerboard (9) sign yes durable 1 15 0 3 5 50 0 6 3 5 3 5 per 15-acre site minimum Limited duration signs Undeveloped property Residential - lot freestanding pedestal/pole sign yes durable 1 24 8 5 0 15 after closing - tract freestanding pedestal/pole sign yes durable 1 60 8 5 0 15 after last closing Commercial - lot freestanding pedestal/pole sign yes durable 1 24 8 5 0 15 after closing Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 14 - tract freestanding pedestal/pole sign yes durable 1 60 8 5 0 15 after closing Construction wall/banner sign yes durable 1 24 8 5 0 co ns t freestanding pedestal/pole sign yes durable 1 32 8 5 0 co ns t Real estate sales/rentals per building or property Residential zones window/poster sign no 1 2 0 15 after closing freestanding pedestal/pole sign (10) no durable 1 6 8 5 0 15 after closing freestanding sign (10) no durable 2 2 8 5 0 15 after closing Commercial zones (12) window/poster sign no 1 2 0 15 after closing wall/banner sign no durable 1 6 2 0 5 0 15 after closing freestanding pedestal/pole sign (9) no durable 1 6 8 5 0 15 after closing Temporary signs Open house - real estate sales sandwich- directional (10) no durable 4 6 4 5 0 after event sandwich-site (10) no durable 1 6 4 5 0 after event Special event - sales, charities, etc. Schools, churches, parks, farmers mkt, Xmas trees sandwich- directional (10) no durable 4 6 4 5 0 after event sandwich-site (10) no durable 1 6 4 5 0 after event window poster no n a 50 % after event window banner no durable 1 16 0 after event wall sign/banner no durable 1 64 2 0 5 0 after event Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 15 banner - mounted freestanding pole no durable 1 10 2 0 - 2 8 5 0 after event marquee/readerbo ard - portable no durable 1 18 4 5 0 after event balloons (12) no biodegradab le 1 5 2 0 5 after event Residential zones sandwich- directional (10) no durable 2 6 4 5 0 after event sandwich-site (10) no durable 1 6 4 5 0 after event Commercial zones sandwich- directional (10) no durable 2 6 4 5 0 after event sandwich-site (10) no durable 1 6 4 5 0 after event window poster no n a 50 % after event window banner no durable 1 16 0 after event wall sign/banner no durable 1 64 2 0 5 0 after event banner - mounted freestanding pole no durable 1 16 2 0 - 2 8 5 0 after event marquee/ readerboard - portable no durable 1 18 4 5 0 after event balloons (12) no biodegradab le 1 5 2 0 5 after event inflatables (13) yes nonflammab le 1 35 0 7 0 25 0 5 0 after event SR-12/395 and I-182 inflatables (13) yes nonflammab le 1 35 0 7 0 50 0 5 0 after event Political (16) freestanding no durable n a 6 4 5 0 10 after election * Freestanding signs are not allowed within the downtown overlay zone. 1 The area within a continuous perimeter enclosing the outer limits of the sign face, but not including structural elements, which are not a part of the display. The area of a two-sided sign equals the area of one side. The area of a spherical, cubical, or polyhedral sign equals 1/2 the total surface area. 2 Height: measured from the average finished grade at the sign foundation. Awning signs shall be at least 8 and no more than 16 feet above the walkway. Blade/projecting signs shall not extend more than 10 feet above the building facade or 6 feet from the face of the building. 3 Spacing: the linear distance between signs in feet. 4 The area under the sign that shall be free of obstructions to allow passage of pedestrians and vehicles. Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 16 5 Setback: shall be that portion of any sign or sign structure that is closest to the property line. 6 Private informational signs must be for an original purpose and may not simply repeat the same message over and over. 7 Artwork shall not detract from appearance of other buildings in the immediate vicinity. Reserved. 8 On private property adjacent to an arterial road: not within 100 feet of a public street intersection, 300 feet of a residential district, within 250 feet of a freestanding sign of 200 sf of display area. 9 Freeway interchange signs must be located within 1,000 feet of an interchange, and 300 feet of ROW, on site of business on a minimum 15-acre site. 10 Square feet per one face of a two-sided sandwich board. 11 Window signs may include credit card logos and advertise hours of operation and address. 12 Balloons shall be no larger than 18 inches in diameter, not attached to a roofline. 13 Inflatables shall be securely anchored to the ground and not create a traffic or other hazard in the event of deflation. Inflatables shall be measured by square feet of surface volume. 14 Off-premises directional signs shall be of the material, color, lettering font, and structure specified by the Building Official. 15 Excepting Pasco High School Bulldogs stadium sign. 16 Campaign signs on private property are limited to 32 square feet in size. [Ord. 3865 § 1, 2008; Ord. 3790 § 2, 2006; Code 1970 § 17.05.010.] Section 3. That Section 17.20.010 entitled “Permits, fees and inspection” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 17.20.010 Permits, fees and inspection No sign shall be erected, constructed, altered, relocated or modified without first obtaining a permit pursuant to the provisions of this title unless specifically exempted herein. (1) Permit – Number Required. A separate permit shall be required for a sign or signs for each business location. If the business entity’s sign is part of a group of signs for a business location, only one permit shall be required at the time of application. (2) Permit – Time Limitation. If, after the issuance of a sign permit, the operations authorized thereunder are not completed or substantially completed within 180 days after the date of the permit, such sign permit shall be automatically null and void. (3) Revocation of Permit. The Building Official may, in writing, suspend or revoke a permit issued under provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information or whenever the sign is in violation of any ordinance, regulation or provision of this chapter. (4) Change of Copy. The holder of a permit, for the duration thereof, shall have the right to change the advertising copy on the structure or sign for which the permit was issued, without being required to pay any additional fees. Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 17 (5) Wall Sign and Mural Maintenance. Failure to properly maintain the media used within a painted wall sign or mural or artwork as defined herein shall be sufficient grounds to revoke the sign permit. (6) Interpretation. In all applications for permits where a matter of interpretation arises, the most restrictive definition shall prevail. Approval shall be dependent upon the showing that the proposed sign meets the specific size and type criteria required under this title and is compatible with the surrounding environment. The Building Official shall consider the proposed sign’s form, proportion, scale, color, materials, surface treatment, overall sign size, and the size and styling of the lettering considering its relationship with other nearby signs, other elements of the street and site improvements and with adjacent structures. [Ord. 3790 § 4, 2006; Code 1970 § 17.07.010.] Section 4. That a new Title 18 entitled “Public Art and Murals” of the Pasco Municipal Code shall be and hereby is created and shall read as follows: Title 18 PUBLIC ART AND MURALS Chapter 18.05 MURALS Sections: 18.05.010 Purpose and Intent. 18.05.020 Definitions. 18.05.030 Design and Cultural Intent. 18.05.040 Arts and Culture Commission Review. 18.05.050 Required Submittal Requirements. 18.05.060 Voluntary Submittal Requirements. 18.05.070 Public Notice and Review Process. 18.05.080 Review Criteria. 18.05.090 Voluntary Guidelines. 18.05.010 Purpose and Intent. (1) To provide opportunities for art and murals in Pasco. (2) Ensure that murals are not obscene. (3) Ensure that murals are artwork and distinct from signs and commercial messages. Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 18 (4) Encourage collaboration in the community and with the City Arts and Culture Commission on public murals. (5) Provide opportunity for review of proposed public murals by the City Arts and Culture Commission. (6) Ensure the mural program is constitutional and protects 1st Amendment rights. 18.05.020 Definitions. “Public mural” means a mural or artwork paid for with public funds or funded by a public program. “Wall mural or artwork” means a mural or artwork painted on a building wall that does not have a commercial message, name, or other advertisement incorporated. All murals are not considered signs and therefore are not subject to the standards in PMC Title 17 and may not be obscene. Exterior surface color alone is not considered a mural or artwork. 18.05.030 Design and Cultural Intent-Public Murals. (1) Communicate the rich history, culture, environment, and people of Pasco. (2) Contribute to a well-designed and vibrant City of Pasco. (3) Elevate professional artists by expanding opportunities for high-quality public art. (4) Enliven and enrich the public realm in Pasco as experienced by people. 18.05.040 Arts and Culture Commission Review-Public Murals. All publicly funded murals are required to be reviewed by the Arts and Culture Commission at a public meeting to verify the mural is not considered a sign , and therefore regulated under PMC Title 17, and not considered obscene by a average person. All applicants are encouraged to use the Arts and Culture Commission as a resource in the planning, design, and implementation of murals. 18.05.050 Required Submittal Requirements-Public Murals. (1) Complete mural application. (2) Plan of the mural with scaled dimensions. Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 19 (3) Photo and description of the proposed mural location. (4) Graphics depicting the proposed mural design including dimensions, colors, text and other graphic elements. 18.05.060 Voluntary Submittal Requirements. (1) Description of the mural theme and relevance to Pasco. (2) Statement regarding how the proposed mural is consistent with the design principles, guidelines and review criteria. (3) The name and qualifications of the professional artist selected for the mural project. Mentorships between professional artists and youth or developing artists are encouraged. (4) Artist portfolio demonstrating professional experience and qualifications for public art murals. (5) Pictures and photos of completed murals. (6) Maintenance plan for the proposed mural. (7) Timeline and any phasing for implementation. 18.05.070 Public Notice and Review Process-Public Murals. (1) All publicly funded mural applications shall be reviewed by the City of Pasco Arts and Culture Commission at a public meeting. (2) Applicants are encouraged but not required to notify adjacent property owners and residents at least 14 days prior to the review meeting with the Arts and Culture Commission. Property owners and residents within 300’ of the property where the mural is proposed should be notified. Applicants may provide confirmation to the City that proper notice was given in accordance with these recommended options. (3) The Arts and Culture Commission shall review the application at a public meeting and allow for public comment. (4) The Arts and Culture Commission shall summarize the results of the meeting and a recommendation regarding whether the mural violates any of the review criteria to City staff. Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 20 (5) The Community and Economic Development Department shall consider input from the Arts and Culture Commission and the public in denying any mural request for being obscene or constituting a sign and therefore regulated under PMC Title 17. 18.05.080 Review Criteria-Public Murals. (1) The mural does not include elements that would constitute a sign and be subject to the sign code. (2) The mural does not contain content considered to be obscene by an average person. 18.05.090 Guidelines-Public Murals. Mural projects shall be consistent with the following guidelines. The Arts and Culture Commission may provide input and recommendations on the design of the proposed mural but does not have approval or denial authority. (1) The mural contributes community and artistic value, is designed and created by or at the direction of, a professional public artist. Mentorship programs are encouraged with professional public artists and emerging artists. (2) The mural is visually interesting and expressive of the community’s history, culture, environment, and/or people. (3) The mural contributes positively to the experience in the public realm with an emphasis on the experience of pedestrians. Section 5. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 6. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 7. Effective Date. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Ordinance – Amending PMC 17 Sign Code and Creating PMC Title 18 Arts and Murals - 21 PASSED by the City Council of the City of Pasco, Washington, on this 21st day of August, 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________