Chapter 18.80 SIGN REQUIREMENTS

Chapter 18.80
SIGN REQUIREMENTS – ALL ZONES

Sections:

18.80.010 Purpose.

18.80.020 Definitions.

18.80.030 Sign standards – General requirements of on-premises signs.

18.80.040 Sign area allowed – Commercial overlay zone.

18.80.050 Sign area allowed – Commercial zones.

18.80.060 Sign area allowed – Industrial zones.

18.80.070 Sign area allowed – Residential office zone.

18.80.080 Sign area allowed – Multifamily residential zone.

18.80.090 Sign area allowed – Single-family residential zones.

18.80.100 Sign area allowed – Planned unit development districts.

18.80.110 Prohibited signs.

18.80.120 Illumination of signs.

18.80.130 Sign permit procedures.

18.80.140 Exempt signs.

18.80.150 Conflict with other provisions.

18.80.160 Nonconforming signs.

18.80.170 Violation.

18.80.180 Removal of unlawful signs.

18.80.010 Purpose.

The purpose of this chapter is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising, outdoor advertising signs, and outdoor signs of all types. It is the intention of this chapter to:

A. Enhance and protect property values;

B. Create a more attractive economic and business climate;

C. Enhance and protect the physical appearance of the community;

D. Preserve the scenic and natural beauty of designated areas;

E. Encourage the integration of signs into building design;

F. Encourage sign design that is complementary to historic structures within the community;

G. Promote innovation and excellence of design, lettering and color coordination in the installation of signs;

H. Promote the use of signs that are in keeping with the pedestrian scale of the City’s commercial districts;

I. Promote the use of signs that provide effective advertising for the business community;

J. Reduce signs or advertising distractions and obstructions that may contribute to traffic accidents;

K. Reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way; and

L. Reduce the impacts that signs may create on adjoining properties. (Ord. 1400 § 2, 2006)

18.80.020 Definitions.

“Abandoned sign” shall mean a sign which no longer advertises a business, lessor, owner, product, service or activity on the premises where the sign is displayed.

“Advertising copy” shall mean lettering, logos, or graphics which refer to a product sold or produced by a business. The business name shall not be considered as advertising copy.

“Affiliation sign” shall mean any sign whose sole purpose is to identify membership in an association of businesses, such as credit card companies, association membership, and trading stamps.

“Awning” shall mean a hood or cover which projects from a wall of a building over a window or door, which is made of canvas, fabric, nylon, plastic, aluminum or similar materials, and may be fixed in place or retractable. Awnings shall include storefront canopies and marquee type projections.

“Banner” shall mean a sign not made of rigid material either enclosed or not enclosed in a rigid frame which is mounted so as to allow movement of the sign by the wind.

“Borderless sign” shall mean a sign composed of parts of a message without a single border enclosing any of the parts.

“Building frontage” shall mean that portion of the exterior building wall of a place of business which is both adjacent to and parallel to a public street, alley, walkway or parking lot. When separated by interior walls, more than one kind of business may be considered a separate place of business although operated within the same building.

“Business” shall mean a profit-making organization involved in the provision of goods or services, including transitory residential uses such as motels and hotels but excluding multiple residential uses.

“Campaign sign” shall mean a temporary sign announcing a campaign drive or event of a civic, philanthropic, educational or religious organization or advertising support of or opposition to a candidate or proposition for a public election.

“Commemorative plaques” shall mean memorial signs and tablets, building name and erection date, symbols and similar emblems that are a permanent design element of a building or other structure.

“Commercial overlay zone” shall mean that portion of the CB – central business zone located west of the Nooksack River, for which a separate set of sign standards shall apply.

“Construction sign” shall mean a sign which identifies the persons, firms or businesses directly connected with a construction project.

“Development entrance or identification sign” shall mean a sign that is placed at or near the entrance to a development project that bears the name of the development only and contains no advertising material.

“Dilapidated sign” shall mean a sign that is no longer in a good state of repair, and is not visually attractive and functional, or has become a health or safety hazard.

“Directional sign” shall mean an on-site sign which is designed and erected solely for the purposes of directing vehicular and pedestrian traffic within a project. Such a sign shall contain no advertising copy.

“Directory sign” shall mean an identification sign listing the tenants of a building or complex, or the bulletin board used to display announcements relative to a public, charitable, religious or fraternal institution.

“Double-faced sign” shall mean a sign constructed to display its message on the outer surfaces of two identical and/or opposite parallel planes.

“Electronic sign” shall mean an electronically automated sign which contains a digital reader board or similar display that is programmed to change its message or advertising copy periodically. Time and temperature devices are included in this definition.

“Erected” shall mean attached, altered, built, constructed, reconstructed, enclosed or moved, and shall include the painting of wall signs.

“Fraternal organization” shall mean a group of people associated or formally organized for a common purpose, interest or pleasure, which shall include lodges, social halls, and union halls.

“Freestanding sign” shall mean a sign fixed in an upright position on the ground not attached to a building or any structure other than a framework or device, erected primarily to support the sign.

“Garage sale sign” shall mean a sign with a message advertising the resale of personal property that has been used by the resident.

“Grand opening sign” shall mean a temporary sign or banner erected one time only for a limited period of time to announce the opening of a new business.

“Height” shall mean the vertical distance from the uppermost point used in measuring the area of a sign to the ground immediately below such point or the level of the upper surface of the nearest curb of the street upon which the sign fronts, whichever measurement is the greatest.

“Identification sign” shall mean a sign which serves to tell only the name, address, business and/or profession of the occupant, or use of the building upon which the sign is located, and which may include an emblem, insignia or logo.

“Illegal sign” shall mean a sign erected in violation of the laws in effect at that time, and not in conformance with the regulations of the Ferndale Municipal Code at the time of adoption of the ordinance codified in this chapter.

“Informational sign” shall mean any sign which is designed and erected solely for the purpose of communicating information for the safety or convenience of the public, such as “telephone,” “danger,” or “rest rooms.”

“Institutional uses” shall mean uses such as schools, churches, fraternal organizations, community, governmental, and public recreational facilities, hospitals and convalescent homes.

“Light source” shall mean a bulb or tube from which light is emitted when it is activated, including but not limited to incandescent filament bulb, electric discharge bulb, neon tube, and fluorescent tube.

“Moving sign” shall mean a sign which has any actual or apparent moving parts, activated in any way by mechanical devices or by wind currents or any sign that produces intermittent or flashing light. Signs which change or appear to change color or intensity of lighting shall be included, but electronic signs shall be excluded.

“Multiple-faced sign” shall mean a sign constructed to display its message on a curbed surface or on two or more planar surfaces.

“Mural” means a large static image, such as a painting, applied directly to the surface of a building wall or ceiling.

“Nonconforming sign” shall mean any advertising structure or sign which was lawfully erected and maintained prior to the adoption of the ordinance codified in this chapter, and which has subsequently come under the requirements of this chapter, with which it does not completely comply.

“Off-premises directional sign” shall mean a sign identifying a publicly owned facility, emergency facility, tenants within a business park, or business, which is no greater than 30 square feet in area. Such facilities, business parks and businesses may have no more than two off-premises directional signs. Real estate signs are not included in this definition.

“Off-premises sign” shall mean any sign identifying a use, facility, service or product which is not located, sold, or manufactured on the same premises as the sign or which identifies a use, service or product by a brand name which, although sold or manufactured on the premises, does not constitute the principal item for sale or manufactured on the premises.

“On-premises sign” shall mean any sign identifying a use, facility, service or product which is located, sold, or manufactured on the same premises as the sign.

“Permanent sign” shall mean any sign for which a sign permit is issued with no time limit in accordance with the provisions of this chapter. Any mention of signs in this chapter shall be considered to mean permanent signs unless there is a specified time limit or reference to temporary signs.

“Portable freestanding sign” shall mean a sign that is designed to be movable and is not structurally attached to the ground, a building, structure, or any other sign. Included are signs built in the configuration of an “I” frame, and signs mounted on rollers or slides, exclusive of sandwich board signs.

“Projecting sign” shall mean any sign which is suspended from or supported by a building or wall and which projects outward therefrom. Signs suspended under a porch or permanent walkway covering shall be included.

“Real estate sign” shall mean a sign indicating that a property or any portion thereof is open for inspection, for sale, for rent, or otherwise available or directing people to such a property. Temporary subdivision signs are not included under this definition.

“Reflective sign” shall mean a sign which is not electrically illuminated, but which responds to light, such as from passing auto headlights, by shining or glowing.

“Roof sign” shall mean any sign erected upon or above the roof or parapet of any building, including any porch, marquee, walkway covering, or similar rooflike structure.

“Sandwich board sign” shall mean a portable sign, built in the configuration of an “A” frame.

“Seasonal decorations” shall mean temporarily erected greetings, ornamentation and displays that relate to a historic holiday, such as July 4th or Christmas, which contain no advertising.

“Seasonal sales sign” shall mean a temporary sign or banner erected for a limited period of time to advertise a special sale or seasonal business such as Christmas tree lots.

“Sign” shall mean a board, placard, etc., generally bearing an inscription bearing information.

“Sign structure” shall mean any device whose primary function is to support a sign.

“Single-faced sign” shall mean a sign constructed so that its message is displayed on a single plane, and is viewable from only one side of the plane.

“Subdivision sign” shall mean a sign containing the name, location, or directions to a builder, developer, and pertinent information about a subdivision for which there is a properly approved and recorded map, and in which homes or units in a building remain to be constructed, completed or initially sold.

“Temporary sign” shall mean any sign which is intended to be displayed for a limited period of time, which shall include signs painted on windows, paper and poster board.

“Vehicular sign” shall mean a vehicle which has a sign mounted or painted thereon which is used primarily as the sign structure and not as a vehicle.

“Wall sign” shall mean any sign affixed to a building or fence, at no point projecting more than six inches horizontally from the surface upon which it is attached.

“Window sign” shall mean any sign painted on or affixed to a window or located inside within a distance equal to the greatest dimension of the window (width or height) and designed to be viewed from the outside of the building.

“Zone” shall mean any zoning district as designated in this title. (Ord. 1400 § 2, 2006)

18.80.030 Sign standards – General requirements of on-premises signs.

A. Number of Signs Allowed.

1. The maximum number of on-premises signs allowable per street frontage in any zoning district is three, exclusive of directional signs, off-premises directional signs, window signs, temporary signs and exempt signs.

2. The signs may be multiple-faced and in any combination except that a business may not have:

a. More than one freestanding sign.

b. More than one projecting sign per business.

c. A combination of one projecting sign and one freestanding sign.

B. Calculation of Sign Area.

1. Single-Faced Signs. The area shall be that within the outermost border or edge of the sign.

2. Double-Faced Signs. The area shall be that within the outermost edge of one face of the sign.

3. Multiple-Faced Signs and Three-Dimensional Shapes. The area shall be the area of their maximum projection upon a vertical plane.

4. Borderless Signs. The area shall be that within a single polygon drawn with straight lines and right angle corners to enclose all sign parts.

5. Awning Signs. The area shall be the sum of the sign areas on each plane of the awning. The area of each sign shall be calculated in the same manner as for borderless signs.

6. Sign Support Structures. Sign support structures which contain lettering or logos shall be considered in the calculation of sign area.

7. Time and Temperature Devices. The area of time and temperature devices used in conjunction with signs shall not be included in the total area of the sign; however, the numerals of that portion of the sign shall not exceed 24 inches in height.

C. Wall Sign Requirements.

1. Signs shall be located only on building frontages or fences which are adjacent to a public street, walkway, alley or parking lot.

2. Signs shall not at any point project from the surface upon which they are attached more than 24 inches.

3. Signs should be placed no closer to either side of an adjacent business wall than five feet. Signs placed closer shall be subject to 25 percent loss in total allowable sign area.

D. Projecting Sign Requirements.

1. Signs shall be mounted only on the building frontage of a business.

2. Signs shall not be permitted for residential uses.

3. Signs shall not project more than eight feet beyond the face of the building or two feet from the edge of the curb, whichever is most restrictive.

4. No sign shall project above the eaveline of a building.

5. All signs and sign structures extending over the public right-of-way or over a sidewalk or similar pedestrian walkway shall have a minimum vertical clearance of eight feet.

6. Businesses with a building frontage of more than 30 feet shall place a projecting sign a minimum of 15 feet from each side wall. Businesses with a building frontage of 30 feet or less shall place a projecting sign in a central location.

7. Adjacent businesses may stack signs along a common side wall if the signs are of compatible designs and material.

8. Thickness. The maximum thickness of a projecting sign shall not exceed that required for construction purposes.

E. Awning Signs.

1. Signs shall be located only on the building frontage of a business.

2. Signs shall be limited to street level occupancies.

3. Signs may be located on more than one plane of an awning being considered as one sign.

4. Signs shall not project beyond the face of a building more than eight feet or be within two feet of a curb, whichever is most restrictive.

5. All signs and sign structures extending over the public right-of-way or over a sidewalk or similar pedestrian walkway shall have a minimum vertical clearance of eight feet.

F. Freestanding Signs.

1. Signs shall not be permitted in areas zoned for residential use, except for institutional uses and development entrance or identification signs.

2. Freestanding signs shall be wholly located within the center one-half of the frontage of the property on the street or 20 feet from the adjacent property line, whichever provides the greatest distance from the closest edge of the sign to the adjacent property line; except that on a corner lot, a freestanding sign may be placed within 20 feet of an intersection; provided, that no sign shall be placed within the required clear view triangle as required under FMC 18.72.040(C) and (D).

3. The maximum height for freestanding signs shall be as follows:

a. HC – highway commercial, CB – central business, including the commercial overlay district, GC – general commercial, M – manufacturing, LI – light industrial, FW – floodway zones and those portions of the RO – residential office zone located south of Smith Road: 35 feet.

b. Those portions of the RO – residential office zone generally located west and southwest of Fourth Street, and RM – multifamily residential zones: 10 feet.

c. All residential single-family zones: Six feet.

4. Signs may extend over a sidewalk or pedestrian walkway, but shall not project more than eight feet beyond the edge of the sidewalk or two feet from the edge of the curb, whichever is more restrictive. In no case shall signs project over any portion of public right-of-way that is designated for automobile travel.

5. All signs and sign structures extending over a sidewalk or similar pedestrian walkway shall have a minimum vertical clearance of eight feet.

6. Landscaping shall be provided at the base of the supporting structure of all freestanding signs except for freestanding signs that are listed as exempt signs in FMC 18.80.140. At a minimum, the area landscaped shall be the footprint of the sign plus three feet in all directions; except that when signs exceed 20 feet in height, the minimum area landscaped shall be the footprint of the sign plus five feet in all directions.

7. Sign area shall be allowed as follows:

a. Square footage allotted to a building may be transferred to a freestanding sign in lieu of its use on the building up to a maximum of 30 square feet (area of one face).

b. When there is no building on the lot, or when a building does not cover the entire frontage of a lot, additional square footage for use on the freestanding sign shall be allowed at the rate of one-half square foot per linear front foot of that portion of the lot on which there is no building, up to a maximum of 30 square feet (area of one face).

G. Sandwich Board Signs.

1. Signs shall not exceed four feet in height.

2. Signs shall not exceed three feet in width.

3. Signs may be placed within the public right-of-way, if they do not result in a hazard to vehicular or pedestrian traffic.

4. Off-premises sandwich board signs are permitted; provided, that:

a. No more than two signs shall be placed within the commercial overlay zone by any single business;

b. No more than four signs shall be placed within the City by any single business;

c. Written permission from the adjoining property owner and business operator has been granted;

d. No off-premises signs shall be permitted in any RS or RM zoning district.

H. Portable Freestanding Signs.

1. Off-premises signs shall be prohibited.

2. Signs shall not be placed in a public right-of-way or be placed in a manner that constitutes a hazard to traffic as identified in FMC 18.80.110(B).

3. Signs shall not exceed six feet in height.

4. Signs shall not exceed 32 square feet in area.

I. Electronic Signs. Off-premises signs shall be prohibited. (Ord. 1425 §§ 1, 2, 2007; Ord. 1400 § 2, 2006)

18.80.040 Sign area allowed – Commercial overlay zone.

Within the commercial overlay zone, allowable sign area is as follows:

A. Business. The maximum total sign area shall be determined by measuring the property frontage on the principal street.

1. The total allowable sign area for a business with a single property frontage shall be one and one-half square feet of sign area per linear foot of property frontage for the first 50 feet of property frontage and one square foot of sign area per linear foot of property frontage thereafter; however, each business shall be entitled to a sign with at least a minimum of 25 square feet. The maximum size of any one sign shall be 200 square feet.

2. For a business with more than one property frontage and/or which occupies more than one legal lot of record, each property frontage shall be considered separately. The total sign area for any single business shall not exceed 300 square feet.

3. Multiple occupancy building:

a. First floor tenants whose businesses are visible from a public street, walkway or parking lot shall be entitled to a sign area based on the amount of building frontage used by that tenant. Each tenant shall be entitled to a sign, a minimum of 25 square feet regardless of building frontage.

b. Second story tenants shall be entitled to one second story wall sign or projecting sign of 25 square feet.

c. Tenants above the first floor level, and tenants whose businesses are not visible from a public street, shall be entitled to signs as part of a directory sign, either freestanding or mounted on the building frontage; nine square feet maximum per tenant. (Ord. 1400 § 2, 2006)

18.80.050 Sign area allowed – Commercial zones.

The following sign area standards shall apply to all properties located within the HC – highway commercial zone, GC – general commercial zone and CB – central business zone, exclusive of the area identified as the commercial overlay zone:

A. Business. The maximum total sign area shall be determined by measuring the property frontage on the principal street.

3. Multiple occupancy building:

a. First floor tenants whose businesses are visible from a public street, walkway or parking lot shall be entitled to a sign area based on the amount of building frontage used by that tenant, with a minimum of 25 square feet regardless of building frontage.

b. Second story tenants shall be entitled to one second story wall sign or projecting sign of 25 square feet.

18.80.060 Sign area allowed – Industrial zones.

The following sign standards shall apply to all properties located within the M – manufacturing and LI – light industrial zones:

A. Business. The maximum total sign area shall be determined by measuring the property frontage of the business.

1. The total allowable sign area for a business with a single property frontage shall be one square foot of sign area per linear foot of property frontage, with a minimum of 50 square feet and a maximum of 300 square feet.

2. For a business with more than one property frontage, and/or which occupies more than one building or one legal lot of record, each property frontage shall be considered separately. The total sign area for any single business shall not exceed 450 square feet.

3. Multiple occupancy building:

a. First floor tenants whose businesses are visible from a public street, walkway or parking lot shall be entitled to a sign area based on the amount of property frontage used by that tenant, with a minimum of 25 square feet regardless of property frontage.

b. Second story tenants shall be entitled to one second story wall sign or projecting sign of 25 square feet.

18.80.070 Sign area allowed – Residential office zone.

Within the RO – residential office zone, the following sign area standards shall apply:

A. The total allowable sign area for a business shall be 20 square feet when a business contains less than 30 feet of building frontage and 30 square feet when a business contains 30 or more feet of building frontage.

B. For all other uses within the zone, the size standards contained in FMC 18.80.080 shall apply. (Ord. 1400 § 2, 2006)

18.80.080 Sign area allowed – Multifamily residential zone.

Within the RM 1.5 – residential multifamily zone, the following sign area standards shall apply:

A. Multiple-Residential. The maximum total sign area for multiple-residential development shall be as follows:

1. Apartments, condominiums (three to 10 units): 10 square feet.

2. Apartments, condominiums (above 11 units): 32 square feet.

3. Rooming/boardinghouses, nursing homes, group care, family care centers and fraternal organizations: 32 square feet.

4. Religious, municipal or public uses: 32 square feet.

5. Bed and breakfast facilities, nursery schools, day care: 10 square feet.

6. Home occupation: One sign, not to exceed two square feet.

7. Construction site: One on-premises temporary sign not exceeding 64 square feet in area. Duration shall be limited to the period of construction.

8. Subdivision sign: One sign, not to exceed 64 square feet in area. Duration shall be limited to the period of initial sale of the lots and/or home construction on the lots within the subdivision. Signs shall be maintained in good order or shall be subject to removal by the City following a 30-day notice period to the owner of the sign that sign maintenance and/or repair is required.

9. Development entrance or identification sign: One sign allowed at each entrance into a subdivision, not to exceed 10 square feet in area. (Ord. 1400 § 2, 2006)

18.80.090 Sign area allowed – Single-family residential zones.

Within the RS 6.5 – residential single-family, RS 8.5 – residential single-family, RS 10.5 – residential single-family, RS 12.5 – residential single-family zones, and RS 14.5 – residential single-family, the sign area standards shall be as identified in FMC 18.80.080(A)(4) through (9). (Ord. 1400 § 2, 2006)

18.80.100 Sign area allowed – Planned unit development districts.

Within any area designated as a planned unit development district in accordance with Chapter 18.68 FMC, the following sign area standards shall apply:

A. Individual standards shall be set for each project during the planned unit development application process. Requirements for similar uses discussed in this chapter shall serve as guidelines.

B. All signs, temporary and permanent, shall be approved by the Zoning Administrator pursuant to a coordinated signing program. The program shall coordinate the following items:

1. Location, number, size and mode of display.

2. Colors, materials and illumination.

3. Temporary signs – duration of use. (Ord. 1400 § 2, 2006)

18.80.110 Prohibited signs.

The following types of signs are prohibited:

A. Obscene or Offensive to Morals. Signs containing statements, words, or pictures of an obscene, indecent or immoral character which appeal to the prurient interest in sex, or which are patently offensive and do not have serious literary, artistic, political or scientific value, are prohibited.

B. Hazards to Traffic. Other than when used for traffic direction, signs which contain or are an imitation of critical traffic signs or signals are prohibited. No sign shall be erected in such a manner that its size, location, content, colors, or illumination will interfere with, obstruct, confuse or mislead automobile or pedestrian traffic.

C. Hazards to Exits. No sign shall be erected in such a manner that any portion of the sign or its support is attached to, or will interfere with, the free use of any fire escape, exit, or standpipe. No sign shall be erected which will obstruct any required stairway, door, ventilator or window.

D. Roof Signs. Signs erected upon or extending above any part of a roof or false roof structure are prohibited.

E. Moving Signs. Signs utilizing flashing lights, changing of color intensity, or mechanical moving parts are prohibited. (Exceptions: Electronic signs and barber poles.)

F. Windblown Devices. Except for exempt flags and banners, use of windblown or inflatable devices of any type is prohibited, including the production of smoke, bubbles, sound, or other substances.

G. Vehicular Signs. No vehicle may be used as a platform or substitute for a billboard or any other type of sign, whether on private property or within a public right-of-way.

H. Natural Despoliation. Signs cut, burnt, limed, painted or otherwise marked on natural features occurring on a site such as rocks, trees or fields are prohibited.

I. In Storage. Signs shall not be located on a premises so as to be visible from off of the site prior to erection or while in storage.

J. Dilapidated Signs. As defined in FMC 18.80.020.

K. Abandoned Signs. As defined in FMC 18.80.020.

L. Off-Premises Signs. Off-premises signs are prohibited, except that off-premises directional signs are permitted; provided, that no business shall be allowed more than two off-premises directional signs and that no such sign shall exceed 20 square feet in area; provided further, that off-premises directional signs shall be for directional purposes only; no such sign shall bear advertising matter.

M. Miscellaneous Signs and Posters. The posting or painting of signs not otherwise defined or permitted in this chapter. (Ord. 1400 § 2, 2006)

18.80.120 Illumination of signs.

A. No artificial exterior light used for the purpose of lighting any sign shall be so located as to result in the directing of light onto or reflecting glare upon any adjacent property or public right-of-way.

B. External light sources shall be directed and shielded to prevent direct illumination of any object other than the sign.

C. No brightly illuminated signs shall be allowed in, or within 200 feet and facing, any residential zoning district. (Ord. 1400 § 2, 2006)

18.80.130 Sign permit procedures.

A building permit shall be obtained prior to the installation of any freestanding, projecting, awning, wall or marquee sign. Permits shall not be required for exempt signs. The building permit shall not be issued prior to zoning approval of the sign(s) as provided for in this chapter. For signs using electricity, an electrical permit from the Department of Labor and Industries shall be required. (Ord. 1400 § 2, 2006)

18.80.140 Exempt signs.

The following types of signs shall be exempt from the provisions of these regulations:

A. Any sign erected and maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or governmental regulation.

B. Bench signs located at designated public transit bus stops when placed or authorized by public transit.

C. Signs being manufactured, transported and/or stored within the City limits; provided, however, that such signs are not used, in any manner or form, for purposes of advertising at the place or places of manufacture or storage.

D. Commemorative plaques of recognized historical societies and organizations.

E. Religious symbols, legal holiday decorations and identification emblems of religious sects, orders or historical societies.

F. Signs located within malls, courts, arcades, porches, patios, and similar areas where such signs are not visible from any point on the boundary of the premises.

G. Signs on vehicles regulated by the City or state that provide public transportation including, but not limited to, buses and taxicabs.

H. Signs on licensed commercial vehicles, including trailers; provided, however, that such vehicles shall not be utilized as parked or stationary outdoor display signs.

I. Address. Street number and street name signs attached to buildings which meet the following minimum size requirements:


Minimum Letter Size Required	Setback from Public Street
4 inches	Less than 50 feet
6 inches	50 feet to 100 feet
8 inches	101 feet to 150 feet
10 inches	151 feet to 200 feet
12 inches	More than 200 feet

J. Affiliation Sign. Signs not exceeding one-half square foot in area per sign.

K. Barber Pole. If contains no advertising.

L. Flags of any nation, political jurisdiction, fraternal or religious organization, shall be exempt; provided, that the pole height shall not exceed 35 feet.

M. Gasoline Sign. Pump signs identifying the type and octane rating shall be permanently affixed to the pump, not to exceed two square feet in size and two in number per pump for each gasoline type dispensed.

N. Interior Sign. Signs located within the interior of any building, complex or structure and not visible from any public street, walkway or parking lot.

O. Residential Nameplate. One sign not exceeding two square feet in area per single-family or duplex unit.

P. Crime Prevention Neighborhood Watch Signs. Signs identifying an area participating in a Police Department approved neighborhood watch program. The allowable number, location and design of said signs shall be approved on an individual basis by the Planning Director. Maximum sign area: three square feet; minimum ground clearance: seven feet; maximum height: nine feet.

Q. Noncommercial, Political, Religious or Public Service Signs. Signs containing noncommercial, political, religious or public service messages; provided, that these signs are used exclusively to display such messages and comply with the applicable advertising structure controls in FMC 18.80.030.

R. Directional Signs. Signs shall be limited to eight square feet per sign and shall be placed in a manner that will not impair or obstruct automobile or pedestrian traffic entering or exiting a premises.

S. Murals. Murals, as defined in FMC 18.80.020, regardless of mural size. Murals placed on a business property may include the name of that business; provided, that the portion of the mural taken up by the business name shall not exceed five percent of the total size of the mural.

T. Temporary Signs. As follows:

1. Campaign Signs. Signs not exceeding four square feet for all parcels zoned for RS – single-family residential or RM – multifamily residential use, and 16 square feet in all other zoning districts; located on private property, with the owner’s permission; provided, that all campaign signs shall be removed within seven days following the completion of the campaign, drive, event or election.

2. Garage Sale. On-premises signs and directional off-premises signs, for not more than three days prior to and removed immediately after the sale.

3. Grand Opening Sign. Signs or banners erected one time only, for a maximum of 30 consecutive days, and not exceeding 50 square feet in area per sign.

4. Real Estate Sign. Signs indicating the property is for sale or rent or otherwise available are permitted. For single-family dwellings or duplexes, the sign area shall not exceed 16 square feet in area. For multifamily dwellings, commercial, or industrial uses, a total of 128 square feet of total sign area is permitted; provided, that no single sign shall exceed 64 square feet in area. Off-premises signs indicating that a property is for sale or rent or otherwise available are permitted.

5. Seasonal Decorations. When not erected for more than 30 days prior to and removed not more than 30 days after a holiday.

6. Seasonal Sales Signs. Signs may be erected for a maximum of 30 consecutive days. Wall, fence signs and banners shall not exceed 25 square feet in total area. No set area maximum for window signs; all signs shall be mounted or painted on the inside of the window. Dilapidated signs cannot be reused.

7. Special Event Sign. Signs or banners with a holiday message identifying a civic or public event or holiday, and erected in any zoning district on private property with the owner’s permission for not more than 30 consecutive days.

8. Special Promotional Event Banner. Banners located within vehicular rights-of-way. Permission shall be obtained from the Zoning Administrator. Compliance with the Public Works Department regulations is required. Washington State Department of Transportation approval may also be necessary. (Ord. 1400 § 2, 2006)

18.80.150 Conflict with other provisions.

Where there is a conflict between the regulations of this section and the regulations of any other section of this code, the regulations of this section shall prevail; provided, however, that the regulations of other sections shall prevail in the following cases:

A. Where the regulations of any other section are more restrictive.

B. Where a planned development district has been established in accordance with the procedure set forth in Chapter 18.68 FMC; provided, that any such planned development district regulations shall include comprehensive sign regulations encompassing the entire planned development district area. (Ord. 1400 § 2, 2006)

18.80.160 Nonconforming signs.

A. Continuance. Any existing sign may be continued in operation and be maintained after the effective date of the ordinance codified in this chapter and shall become a legal nonconforming sign provided:

1. No sign shall be changed in any manner that increases the noncompliance of such sign with the provisions of the ordinance codified in this chapter.

2. Prohibited signs, as identified in FMC 18.80.110, shall have 90 days after the effective date of the ordinance codified in this chapter or after annexation of property into the City of Ferndale to be brought into conformity with the chapter except roof signs which shall be allowed legal nonconforming status as provided herein.

3. The burden of establishing a sign to be legally nonconforming under this section rests upon the person or persons, firm or corporation claiming legal status for a sign.

4. When a sign is structurally altered, it ceases to be a legal nonconforming sign and must be brought into conformance with the provisions of this chapter. “Structurally altered” means any action that changes the height, size or shape of the sign or any action that affects the base or support(s) of the sign.

5. When a business or activity containing a legal nonconforming sign is enlarged or remodeled to a value of 50 percent or more of existing value of real property improvements, then such sign must be brought into conformity with this chapter.

6. When a business or activity containing a legal nonconforming sign changes the type or name of the business, then such sign must be brought into conformance with this chapter.

7. Whenever a nonconforming sign is damaged or destroyed beyond 50 percent of its replacement value, the sign shall be brought into conformity with this chapter.

B. Violation of the Chapter. Any violation of this chapter shall terminate immediately the right to maintain a nonconforming sign.

C. Variances. The Ferndale Hearings Examiner may grant the following exceptions to the nonconforming sign standards contained in this section. In hearing a request for a variance, the Hearings Examiner shall follow the variance procedures identified in FMC 18.12.180:

1. Extension of the 90-day period allotted for the removal of prohibited signs;

2. Retention of an existing sign in the event the name or type of business is changed;

3. Retention of an existing sign in the event that a business or activity containing a legal nonconforming sign is enlarged or remodeled. (Ord. 1400 § 2, 2006)

18.80.170 Violation.

Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor, and such violation shall be punished as provided for in FMC 18.12.290. (Ord. 1400 § 2, 2006)

18.80.180 Removal of unlawful signs.

A. Any unlawful permanent sign which has not been removed within 30 days after conviction of violation or imposition of civil penalty may be removed by the City and the costs charged to the violator. If removal costs have not been paid and the sign reclaimed within 30 days of its removal by the City, the City may sell or otherwise dispose of the sign and apply the proceeds towards costs of removal. Any proceeds in excess of costs of removal shall be paid to the owner of the sign.

B. Signs which the City finds upon public streets, sidewalks, rights-of-way or other public property which present an immediate and serious danger to the public because of their unsafe condition may be immediately removed by the City without prior notice.

C. Any unlawful temporary sign which has not been removed after 24 hours from notification may be removed by the City.

Neither the City nor any of its agents shall be liable for any damage to the sign when removed under this section. (Ord. 1400 § 2, 2006)