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Chapter 17.76
SIGNSSections:
Article I. Statement of Purpose
17.76.010 Statement of purpose.
Article II. Regulations
17.76.020 General provisions.
17.76.030 Historic district.
17.76.040 Residential districts (R-I, R-II, R-III and R-IV).
17.76.050 Mixed use, commercial, and public, park and open space districts outside the historic district (C-I/MU, C-II/MU, C-I, C-II, C-II(H), C-III, P/OS(A), P/OS(B), and P-I).
17.76.060 Marine-related and manufacturing districts (M/C, M-I, M-II, M-II(A), M-II(B) and M-III).
17.76.070 Exemptions.
17.76.080 Special exemption – Grand opening signs.
17.76.090 Prohibited signs.
Article III. Special Category Signs
17.76.100 Special category signs.
Article IV. Permit Requirements
17.76.110 Permit – Required.
17.76.120 Permit – Application.
17.76.130 Permit – Fees and approval.
17.76.140 Permit – Identification – Permanent sticker.
Article V. Administration and Enforcement
17.76.150 Variance.
17.76.160 Interpretations.
17.76.170 Enforcing official – Powers and duties.
17.76.180 Removal of signs.
17.76.190 Nonconforming signs.
17.76.200 Liability.
Article I. Statement of Purpose
17.76.010 Statement of purpose.
A. The city council finds that it is necessary to regulate signs in the city to help assure that Port Townsend is a safe and attractive place in which to live and to do business.
B. Measures taken in this chapter to achieve this purpose reflect the city council’s consideration of:
1. The vantage points of pedestrians, motorists, cyclists, visitors, residents, and occupants of homes, shops, other buildings, and real property;
2. Safety through care in placement, sizing and illumination of signs so as to avoid visual clutter, distraction or obstruction of vision of pedestrians and motorists, or obstruction of rights-of-way;
3. Communication between businesses, organizations and the general public;
4. Economy for those erecting signs, or maintaining or modifying already-existing signs, through care in specifying style and construction; by reducing the need to replace signs which might become obscured by unnecessarily large neighboring signs; by providing adequate time to replace signs which do not comply with the new standards; by protecting property values; and by preserving the community character which attracts visitors and new residents, and sustains business development;
5. Aesthetic benefits to business districts and the community at large through consistency in style, placement, and scale and harmony of signs with buildings, natural settings and other signs;
6. Compatibility of signs with the architectural and historical qualities of Port Townsend;
7. General public health, safety and welfare; and
8. Fair and consistent enforcement of these sign regulations.
C. The people of Port Townsend are proud of its national historic district. Our national government declared Fort Worden and the district as two of the few national landmarks in the state of Washington. The National Trust for Historic Preservation has assisted the city with a sign provision for the historic district. Specific guidelines for signs were included in the Field Report on the Water Street Historic District, National Trust for Historic Preservation, 1974. The city council finds that special sign regulations are required to preserve and reflect the historic character of the historic district.
D. The city council intends that to the fullest extent authorized by Chapter 47.24 RCW, now or as hereafter amended, the provisions of this chapter shall also govern within any street, bridge or wharf which also forms a part of any state highway in the city. In addition, the provisions of Chapter 47.42 RCW, the Highway Advertising Control Act-Scenic Vistas Act, now or as hereafter amended, shall not authorize erection of any sign contrary to the provisions of this chapter. (Ord. 2571 § 2, 1997).
Article II. Regulations
17.76.020 General provisions.
The following provisions shall apply to all zoning districts and to all signs regulated by this chapter, subject however to the specific regulations in each zoning district:
A. No sign shall be erected, caused to be erected, or allowed to remain erected except in compliance with all the regulations established in this chapter. No owner or lessee of any real property located within the corporate limits of the city shall knowingly allow any sign to be erected on any such property in violation of the provisions of this chapter. No person shall take any action intending to, or having the effect of, circumventing the purpose and intent of this chapter.
B. Signs subject to design review as provided in this title must obtain approval of the historic preservation committee before a sign permit may be issued.
C. Safe and Secure Installation. Signs, sign structures and bracing systems shall be designed and constructed to support the weight of the sign and the vertical and lateral forces which may occur from winds, snow or seismic activity. For signs on buildings these loads and forces shall be transmitted through the structur-
al frame of the building in such a manner as not to over stress any of the elements of the building or sign structure. The working stresses of wire rope or its fastenings shall not exceed 25 percent of the ultimate strength of the rope or fasteners. Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto with 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 the screws or nails shall be used, except in the case of signs attached to wood framing. Materials of construction for signs and sign structures shall be of the quality and grade as specified for buildings in the International Building Code as adopted in PTMC Title 16. All electrified signs shall be designed, installed and inspected in conformance with the National Electrical Code.
D. Clearance and Sight Distance. Marquees, canopy signs or projecting signs which project over areas where motor trucks may be required to pass beneath them shall maintain a minimum vertical clearance of 15 feet. No marquee, canopy sign or projecting sign may project closer than two feet from the curb line of the street. All marquees, canopy signs and projecting signs must maintain a minimum of eight feet of vertical clearance over pedestrian ways. Freestanding and portable signs may not be placed within a clear vision area at the intersection of any streets, alleys or driveways.
E. Light and Glare from Signs. The light source for signs which are illuminated by indirect lighting shall be no farther away from the sign than the height of the sign and shall be shielded so that direct rays from the light are visible only on the lot where the sign is located and in a manner that hazardous glare to motorists or pedestrians will not occur. (Ord. 2867 § 2, 2004; Ord. 2571 § 2, 1997).
17.76.030 Historic district.
The following sign regulations shall apply within any mixed use, commercial, and public, park, and open space zoning districts (i.e., C-I/MU, C-II/MU, C-I, C-II, C-II(H), C-III, C-IV, P/OS(A), P/OS(B), and P-I) wherever lands within these zoning districts are also within the historic district.
A. Total allowable sign area is determined as follows:
1. One square foot of sign area for each lineal foot of primary street frontage of the primary building;
2. But not less than 40 square feet for each principal building or, in the case of a multiple-business complex, for each separate store front;
3. Forty square feet for an outdoor business which operates without a building;
4. Should more than one business share an entry, an additional six square feet may be added for a multiple-tenant directory;
5. Includes all types of signs on all sides and all stories of the building or premises. Exceptions: parking lot identification signs, symbol signs, commemorative plaques, window sign letters less than six inches in height, window signs above the first floor, mural signs approved pursuant to subsection I below, and signs listed as exempt in PTMC 17.76.070 are not included in determining allowable sign area;
6. Within the total allowable sign area determined above, the total area of signs attached to any given wall shall not exceed 40 square feet or the sign area calculation derived from the street frontage of that wall, whichever is the greater area.
B. Maximum Sign Height. No sign may be placed higher than the second story window sill level, or on or above the cornice line of any building. Exceptions:
1. Window signs advertising an establishment located on an upper floor and placed in the window of such an establishment;
2. Freestanding and portable signs are limited to five feet in height, except sandwich board signs which are limited to four feet in height.
C. Projecting signs are subject to the following additional regulations:
1. No larger than 12 square feet per side;
2. May project no more than four feet from the building;
3. Minimum clearance of eight feet must be maintained above the sidewalk and six inches from the vertical wall;
4. Only one projecting sign, including symbol signs, is allowed for each main entry;
5. Projecting signs may be illuminated only by indirect lighting.
D. Window Signs.
1. Window signs require a sign permit unless lettering is less than six inches in height.
2. Window signs above the first floor are allowed only to businesses located exclusively above the first floor, are restricted to a total sign area of one square foot for each lineal foot of the width of the window glass, and such signs are not included in allowable sign area of the building.
E. Freestanding Signs.
1. Monument signs shall be no more than 12 square feet in sign area per side.
2. Pole signs are permitted only if mounted on two poles placed at the outermost sides of the sign face.
3. Sandwich board signs may be placed upon a public or private sidewalk subject to the following restrictions and requirements:
a. Written permission must be obtained from the owner of the property in front of which the sign is to be placed.
b. Signs may be placed near markings separating parking spaces, but not within a crosswalk and not closer than 15 feet from the intersection of the extension of the curb lines (edge of curbs on the vehicular traffic side) of each intersecting street or from another sandwich board sign. Exception: Up to three sandwich board signs may be placed on the sidewalk of any street which intersects Water Street when placed adjacent to but not obstructing the crosswalk adjacent to Water Street.
c. Maximum sign area is eight square feet per sign face; maximum sign width is 30 inches; maximum sign height is four feet; minimum sign height is 30 inches.
d. Signs must be placed at least 30 inches but no further than six feet from curb, or if placed adjacent to a building, no further than three feet from the building line. Exception: Signs may be placed within 12 inches of the curb line wherever parking is prohibited in the adjacent street.
e. Signs may not be placed closer than 12 inches from any tree grate or other planting.
f. No sandwich board sign may be placed within the historic district which advertises a business or premises which is located outside of the historic district.
g. The sign area of each sandwich board sign shall be included in the total allowable sign area calculated pursuant to subsection A of this section for the premises in which the business advertised is located. Exception: The sign area of tour assembly signs erected pursuant to subsection J of this section shall not be included in the sign area calculation of any building.
h. Continuous proof of liability insurance must be provided naming the city as additional insured in amount and policy provisions as approved by the clerk-treasurer of the city.
i. Each sign must be of sound construction and designed to the satisfaction of the director to withstand high winds.
j. No more than one sandwich board sign may be erected for each business advertised.
4. No other pole signs, portable, sandwich board, sidewalk or other freestanding signs are allowed, unless expressly authorized herein.
F. Illuminated Signs.
1. Subdued, indirect lighting of signs is encouraged.
2. The total area of signs illuminated by internal lighting shall not exceed six square feet per separate store front.
3. Signs illuminated by neon lighting may have a total sign area of up to 12 square feet per separate store front.
G. Signs identifying rear entrances shall be no more than four square feet in area.
H. Signs directed toward the water are not allowed unless the building has a public waterside entrance.
I. Mural Signs. In addition to the allowable sign area prescribed in subsection A above, additional mural signs are allowed subject to prior approval of the Port Townsend historic preservation committee. Upon application, the historic preservation committee may authorize such mural signs upon a finding that the design and placement of the proposed sign contributes to the historic district. The historic preservation committee may also authorize specific placement of such mural signs off-premises or in a manner which exceeds the applicable size or height limits prescribed herein. The findings of the historic preservation committee shall be based upon specific standards adopted by the committee and shall be submitted in writing to the director who shall attach same to the application for sign permit.
J. Tour Assembly Signs. Each business which has been authorized by franchise agreement with the city to conduct public tours within the public rights-of-way may, if such business does not have business premises within the historic district, place one portable sandwich board sign on the sidewalk at a location and in a manner approved by the director. The business owner shall also obtain and submit to the director written permission of the owner of the property immediately abutting the location of the proposed sign, and shall also submit proof of liability insurance naming the city as additional insured. The clerk-treasurer shall approve the amount and policy provisions of such liability insurance. The sign area of such sign shall not exceed six square feet per sign face and such sign area shall not be included in the allowable sign area of the abutting property.
K. Kiosks. The director is hereby authorized to permit erection of kiosks by the city or by one or more nonprofit community organizations representing a large number of retail businesses. Such kiosks must be shown to provide community bulletin board services of broad public interest and a current directory of retail businesses. No more than three such kiosks may be placed within the downtown commercial area of the historic district, nor more than one within the uptown commercial area.
L. Prohibited Signs. In addition to those signs listed as prohibited in PTMC 17.76.090, readerboard signs and off-premises real estate signs are not permitted in the historic district. (Ord. 2571 § 2, 1997).
17.76.040 Residential districts (R-I, R-II, R-III and R-IV).
In addition to the other applicable provisions of this chapter, the following regulations also apply in each residential zoning district (i.e., R-I, R-II, R-III and R-IV):
A. Total Allowable Sign Area.
1. Each residential building is allowed one permanent, wall-mounted, identification sign per street frontage and one temporary yard sign and each such sign may not exceed three square feet in sign area. No sign permit is required for either sign.
2. Each multifamily complex, subdivision or nonresidential use permitted outright or by conditional use permit in residential zones is allowed 24 square feet of sign area.
3. Consistent with Chapter 17.56 PTMC, home occupations are allowed one sign, which shall be no larger than three square feet in size, without illumination, and mounted flat to either the principal or accessory structure.
4. Government buildings, schools, and churches are allowed one identification sign not to exceed 16 square feet and one reader-board sign not to exceed 24 square feet.
B. Maximum sign height is five feet.
C. Freestanding Signs.
1. Permanent freestanding signs must be monument signs or pole signs mounted on two poles placed at the outermost sides of the sign face;
2. Temporary yard signs may be displayed for up to 15 days and may be mounted on a single pole or stake. Exceptions:
a. Garage or rummage sale signs pursuant to Article III of this chapter, Special Category Signs;
b. Real estate and political signs pursuant to PTMC 17.76.070;
3. Freestanding signs must be set back at least five feet inside property lines. Exception: The director is authorized to permit alternate placement of freestanding signs when meeting the five foot setback requirement would:
a. Necessitate the removal of mature landscaping; or
b. Require placement of the sign in a location so obscured from view, due to topographic or other site-related constraints, that the purpose of the signage is defeated.
Notwithstanding this exception, the director shall not allow the placement of any freestanding sign that would pose a hazard to pedestrian or vehicular traffic safety or interfere with intersection clear vision areas.
4. No other pole signs, portable, sandwich board, sidewalk or other freestanding signs are allowed.
D. Off-premises signs are not permitted. Exception: Signs authorized to be erected off-premises pursuant to PTMC 17.76.100, Special Category Signs.
E. Illuminated Signs. Only indirect lighting is permitted. Additional requirements:
a. Light fixtures shall be shielded to ensure that the light source is not directly visible off-site; and
b. Under no circumstances may sign illumination pose a hazard to pedestrian or vehicular traffic safety. (Ord. 2700 § 28, 1999; Ord. 2571 § 2, 1997).
17.76.050 Mixed use, commercial, and public, park and open space districts outside the historic district (C-I/MU, C-II/MU, C-I, C-II, C-II(H), C-III, P/OS(A), P/OS(B), and P-I).
In addition to the other applicable provisions of this chapter, the following regulations also apply in each mixed use (i.e., C-I/MU and C-II/MU), commercial (C-I, C-II, C-II(H), C-III, C-IV), and public, park and open space (i.e., P/OS(A), P/OS(B) and P-I) zoning districts:
A. Total allowable sign area is determined as follows:
1. One square foot of sign area for each lineal foot of primary street frontage of the principal building;
2. But not less than 100 square feet for each principal building, nor less than 32 square feet for each business in a multiple-business complex;
3. Forty square feet for an outdoor business which operates without a building;
4. Government buildings, schools, churches and the Port Townsend Visitors Center are permitted one identification sign not to exceed 32 square feet;
5. Includes all types of signs on all sides and all stories of the building or premises. Exceptions: parking lot identification signs, symbol signs, incidental signs, window sign lettering less than six inches in height, motor fuel price signs erected pursuant to subsection G of this section, monument signs erected as a directory sign for a multiple-business complex pursuant to subsection (E)(2) of this section, service club signs authorized pursuant to PTMC 17.76.100, and signs listed as exempt in PTMC 17.76.070 are not included in the determination of allowable sign area.
B. Maximum sign height is as follows:
1. Seventeen feet, but in no event may signs extend higher than the nearby surface of the roof of the building.
a. Departures from the sign code maximum height limit for signs in the C-I, C-II, and C-II(H) zones to exceed 17-foot height limit may be approved pursuant to Chapters 17.44 and 17.46 PTMC, Commercial and Mixed Use Design Standards and Process;
2. No signs other than directional signs may be erected on vehicle canopies; directional signs shall be mounted no higher than 10 feet above grade. Doorway or window canopy signs or signs mounted on a marquee may not extend higher than the highest roof surface of the canopy or marquee, but in no event may extend higher than the nearby roof surface of the building;
3. Five feet for a monument sign of a single business or multiple-tenant building;
4. Five feet plus one foot per each separate business advertised on a monument directory sign of a multiple-business complex.
C. Projecting signs are subject to the following additional regulations:
1. No larger than 16 square feet per side;
2. May project no more than four feet from the building;
3. Minimum clearance of eight feet must be maintained above the sidewalk and six inches from the vertical wall;
4. Only one projecting sign, including symbol signs, is allowed for each main entry.
D. Window signs require a sign permit unless lettering is less than six inches in height.
E. Freestanding Signs.
1. Each single-business or multiple-tenant building shall be allowed one monument or one double-pole sign not to exceed a sign area of 24 square feet.
2. Each multiple-business complex is allowed one monument sign or one double-pole sign per street frontage for a directory sign. The sign area of such directory sign is not to exceed 32 square feet plus eight square feet per separate business advertised and an additional 12 square feet to allow display of the name of the complex.
3. Each such allowed monument sign or double-pole sign may not exceed a sign area of 102 square feet per sign face, nor a sign face width of 10 feet, nor a height of 12 feet.
4. Monument signs or double-pole signs must be set back from property lines a distance of one foot for each one foot of sign height in excess of five feet. Exception: The director is authorized to permit alternate monument sign placement as part of a streetscape improvement project in conformance with the Gateway Development Plan.
5. Each monument sign or double-pole sign shall have a landscaped area at the base of the sign of at least twice the size of the sign area.
6. No other freestanding or portable signs are allowed.
F. Illuminated Signs.
1. Indirect lighting is encouraged.
2. Signs illuminated with internal or neon lighting are limited to a sign face area of 25 square feet.
G. Readerboard signs may not exceed 12 square feet per sign face. Exceptions:
1. In addition to the sign area allowed pursuant to subsection A of this section, any business selling motor fuel to the public may have one permanently mounted motor fuel price sign not to exceed 18 square feet per sign face. If such sign is incorporated as part of the monument sign allowed pursuant to this section, the allowable height of such monument sign may be increased by four feet.
2. The director is authorized to permit one permanently mounted readerboard sign for community event announcements on premises owned by the city or a nonprofit organization under contract with the city. Such sign may not exceed a sign area of 50 square feet per sign face.
3. Portable readerboard signs are not permitted. (Ord. 2920 § 3, 2005; Ord. 2840 § 2(Exh. E), 2003; Ord. 2637 § 2, 1998; Ord. 2571 § 2, 1997).
17.76.060 Marine-related and manufacturing districts (M/C, M-I, M-II, M-II(A), M-II(B) and M-III).
In addition to the other applicable provisions of this chapter, the following regulations also apply in each marine-related and manufacturing (i.e., M/C, M-I, M-II, M-II(A), M-II(B) and M-III) zoning district:
A. Total allowable sign area is determined as follows:
1. Sixty-four square feet for each principal building;
2. But each separate business in a multiple-tenant building or multiple-business complex shall be allowed at least 32 square feet of sign area;
3. Each multiple-tenant building is allowed an additional six square feet for a directory sign;
4. Government buildings and schools are permitted one identification sign not to exceed 32 square feet;
5. Includes all types of signs on all sides and all stories of the building or premises. Exceptions: Parking lot identification signs, incidental signs, monument signs, window sign letters less than six inches in height, and signs listed as exempt in PTMC 17.76.070 are not included in determining allowable sign area.
B. Maximum sign height is as follows:
1. Five feet for monument signs, plus one foot for each separate business advertised on the sign, but no higher than 10 feet;
2. Seventeen feet for other signs.
C. Projecting signs are subject to the following additional regulations:
1. No larger than 16 square feet per side;
2. May project no more than four feet from the building;
3. Minimum clearance of eight feet must be maintained above the sidewalk and six inches from the vertical wall;
4. Only one projecting sign, including symbol signs, is allowed for each main entry.
D. Window signs require a sign permit unless lettering is less than six inches in height.
E. Freestanding Signs.
1. Each multiple-business complex is allowed one monument sign per street frontage for a directory sign. The sign area of each such directory sign shall not exceed 16 square feet plus six square feet per separate business advertised, but not larger than 64 square feet.
2. Monument signs must set back from property lines a distance of one foot for each one foot of sign height in excess of five feet.
3. No other freestanding or portable signs are allowed. (Ord. 2637 § 3, 1998; Ord. 2571 § 2, 1997).
17.76.070 Exemptions.
The following types of signs are allowed in all areas without a sign permit. These exemptions shall not be construed as relieving the owner of any sign for the responsibility of its erection and maintenance, or for compliance with the provisions of this chapter, or any other law or ordinance regulating same.
A. Community event signs if no larger than six square feet per sign face and displayed no longer than 21 days before the event and removed within 48 hours after the event; provided, however, that the location of any signs to be placed in the public right-of-way shall be approved by the director;
B. Community fundraising signs pertaining to a specific proposed public construction project or fundraising campaign; provided, that only one such sign may be erected at a time, the sign area may not exceed 32 square feet, and the sign may not be displayed for longer than two years or the conclusion of the project or campaign, whichever occurs soonest;
C. Real estate signs limited to one sign of four and one-half square feet maximum area per sign face on each parcel of property offered for sale in residential zones. In other zones, one sign is allowed up to 16 square feet per sign face on each separate parcel of property offered for sale. Each real estate sign must be removed no later than five business days after closing of sale of the property advertised. Closing of sale shall be considered the date of recording with the Jefferson County auditor. Off-premises real estate signs are not permitted. Exception: Real estate signs advertising an open house may be placed off-premises if:
1. Placed on private property;
2. Signs are no larger than three square feet per sign face; and
3. Displayed for no longer than four consecutive days. Exception: Off-premises real estate signs are not allowed under any circumstances in the historic district. Real estate signs are not permitted within any public right-of-way;
D. On-premises or on-vehicle incidental signs not exceeding two square feet each;
E. On-premises directional signs not exceeding six square feet, the sole purpose of which is to provide for vehicular and pedestrian traffic direction and which display no advertising;
F. Political signs erected on private property up to four and one-half square feet per sign face in residential zones and 16 square feet per sign face in other zones; provided, that political signs shall be removed within 10 days after the final election involving the candidate or ballot proposition advertised by the sign;
G. Temporary construction signs limited to a total sign area of 32 square feet per construction site, displayed no longer than one year and removed no later than 10 days after completion or occupancy of the project;
H. Traffic, directional or informational signs lawfully installed, or required to be installed, by a government entity; provided, that in the event of any conflict between the provisions of this chapter and the provisions of any applicable state law, the provisions of this chapter shall govern unless expressly preempted by the laws of the state;
I. Signs not intended to be viewed from, and which are not readable from, a public right-of-way;
J. Window merchandise display;
K. Flags of the United States, the state, the city, the county, foreign nations, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction; provided, that such a flag shall not exceed 60 square feet in sign area and shall not be flown from a pole the top of which is more than 40 feet in height. Such flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and
Stripes. Any flag not meeting any one or more of these conditions shall be considered a banner sign and be subject to regulation as such;
L. Decorative banners if no more than five per each premises;
M. Legal notices required by law;
N. Barber poles;
O. Grave markers;
P. Incidental, nonilluminated signs identifying small specialized community service structures, such as phone booths, public transit shelters, and collection containers for used goods or recyclable materials;
Q. Incidental, nonilluminated signs limited to three per storefront;
R. Nonilluminated informational signs pertaining to motor fuel which are affixed to the surface of fuel pumps, but not including signs projecting from the sides or top of such pumps;
S. Temporary signs limited to a 15-day display;
T. Lettering or symbols painted directly onto or mounted magnetically onto an operable motor vehicle operating in the normal course of business; provided no part of such signs shall project higher than the roof surface of any such vehicle other than franchised buses or taxis;
U. Signs attached to franchised buses or taxis;
V. One nonilluminated bulletin board not larger than 12 square feet in area for each public, charitable or religious institution when the same is erected on the premises of the institution;
W. Mural signs within the national historic district in existence on the effective date of the ordinance codified in this chapter;
X. Nonilluminated religious symbols mounted on church premises. (Ord. 2571 § 2, 1997).
17.76.080 Special exemption – Grand opening signs.
A. During a grand opening not to exceed 10 days, temporary signs may be displayed on the premises without a sign permit and regulations with respect to sign area, roof placement, sign height and type of signs are temporarily suspended.
B. All other regulations provided herein and not expressly suspended by this section shall apply to grand opening signs.
C. The provisions of this section may not be applied to more than one grand opening event at any business location within any 12-month period; provided, that each separate business location within a multiple-business complex shall be entitled to a grand opening event separate from a grand opening event for the complex as a whole. (Ord. 2571 § 2, 1997).
17.76.090 Prohibited signs.
The following signs are prohibited within the city:
A. Abandoned signs;
B. Bench signs;
C. Billboards;
D. Flashing, revolving or any other moving signs; provided, that the moving hands of a clock or changing numerals of a time and/or temperature device may be permitted subject to the other regulations provided in this chapter;
E. Off-premises signs except real estate signs, political signs, community event signs, mural signs, sandwich board signs, and garage sale signs specifically authorized or exempted herein;
F. Off-premises real estate signs within the national historic district;
G. Portable readerboard signs;
H. Roof-mounted signs, including any signs painted directly on the roof surface;
I. Signs or sign structures, which by coloring, shape, working or location resemble or conflict with traffic control signs or devices;
J. Signs which create a safety hazard for pedestrian or vehicular traffic;
K. Signs larger than two square feet in area attached to or placed on a vehicle or trailer on public or private property; provided, however, that this provision shall not be construed as prohibiting the identification of a firm or its products on a vehicle operating during the normal course of business. Franchised buses or taxis are exempt from this provision;
L. Signs attached to utility poles or traffic signs;
M. Signs within the public right-of-way except community event signs, kiosks and signs which overhang the public right-of-way as specifically authorized herein;
N. Signs in city-designated buffer zones or greenbelt area;
O. Signs which display the symbol, slogan or trademark of national brands of soft drinks or other products which do not form the bulk of the business transactions of the premises;
P. Signs contrary to the provisions of this chapter;
Q. Streamers;
R. Signs with any sign face larger than 25 square feet which is illuminated all or in part by internal lighting. (Ord. 2571 § 2, 1997).
Article III. Special Category Signs
17.76.100 Special category signs.
The following regulations shall apply to the special categories of signs set forth below, in addition to all the other requirements of this chapter which may be applicable:
A. Parking Lot Identification Signs. Parking lot identification signs may be erected without a sign permit if restricted to posting regulations regarding the use of the lot and to identifying a parking lot with its owner, operator, or name of the business providing the lot. No advertising other than the name of the business may be included. The total sign area for parking lot identification signs shall not exceed sign square feet for each 1,000 square feet of parking lot area and each sign face shall not exceed six square feet; provided, that each lot shall be allowed at least one parking lot identification sign; and provided further, that these restrictions may be exceeded to the extent required by any applicable laws of the state. Parking lot identification signs shall not exceed a sign height of six feet.
B. Community Announcement Signs. Community announcement signs are signs erected or authorized by the city on or over public right-of-way. Such signs shall be limited to 75 square feet per sign face; provided, however, that the ground clearance, vision clearance and methods of construction in suspension are approved by the director. Erection of signs over public rights-of-way shall be by or under the supervision of the city, and all costs incurred by the city relating thereto shall be reimbursed to the city by the permittee. Community announcement signs require a sign permit, are permitted in any zoning district, and are limited to a 42-day display. Signs announcing an upcoming event shall be removed within 48 hours after the event.
C. Service Club Signs. Service club signs are signs which display the recognized shield, logo or symbol of an international service club which has an established chapter in Port Townsend, has regularly scheduled meetings, but does not own or lease premises within the city. Each such sign may not exceed five square feet. Service club signs require a sign permit and may be displayed only at a single location which has been approved by the director.
D. Garage or Rummage Sale Signs. Garage or rummage sale signs are temporary signs not to exceed three square feet per sign face which provide direction to a household sale. Up to three such signs may be placed without a sign permit on the property on which the sale is held and/or in nearby public rights-of-way. Signs placed in public rights-of-way must be self-supported by a stake or similar device and may not be attached to utility poles or traffic signs. Care must be taken to assure that the placement of such signs will not create a hazard to the public by obstructing the view or passage of pedestrians, cyclists or motorists. Garage or rummage sale signs may not be displayed for longer than three days and must be removed within 24 hours after the sale. Garage or rummage sale signs may not be displayed more than once during any 12-month period for direction to a sale on the same premises.
E. Special Purpose Sign. A special purpose sign is a temporary sign to be displayed less than 60 consecutive days for a purpose not anticipated by this chapter, but not in conflict with it, or in a unique situation as determined by the director. The total area of all special purpose signs intended to be displayed on any one premises shall be determined by the director; provided, however, that the total area shall not exceed 32 square feet. All special purpose signs shall require a sign permit. (Ord. 2571 § 2, 1997).
Article IV. Permit Requirements
17.76.110 Permit – Required.
No sign or portion of any sign, except those exempted in PTMC 17.76.070 or 17.76.100, shall be erected, re-erected, replaced, revised, attached, structurally altered, or relocated by any person, firm or corporation from and after the effective date of the ordinance codified in this chapter without a permit issued by the city. No permit shall be required for repair, cleaning, or other normal maintenance, nor for changing the message on a readerboard sign, as long as the sign structure is not modified in any way. (Ord. 2571 § 2, 1997).
17.76.120 Permit – Application.
Applications for sign permits shall be made to the director upon permit forms provided by the city. Such application shall require:
A. Name of business and address where the work is to be performed;
B. Name and title of applicant;
C. Name, address and telephone number of the firm doing installation work;
D. Name and address of the sign owner if other than the business installing the sign;
E. A complete list describing each existing sign on the premises, including sign type, copy, sign area, location on premises, and date installed;
F. A site plan showing the location of the affected lot, buildings, and signs, showing both existing signs and proposed signs;
G. A scale drawing of each proposed sign or sign revision, including location, size, height, copy, structural and footing details, material specifications, method of attachment, illumination, front and end views of canopies and any other information required to ensure compliance with appropriate laws;
H. Electrical load with name of electrical contractor responsible for installation of service feed wire if other than sign contractor. Amperage and voltage must be prominently displayed on the sign. (Note: Electric signs must conform to the National Electrical Code);
I. An application for right-of-way permit if the sign or canopy will extend over a public right-of-way;
J. Written consent of the owner of the building, structure, or property where the sign is to be erected. (Ord. 2571 § 2, 1997).
17.76.130 Permit – Fees and approval.
Permit fees shall be in accordance with the current fee schedule adopted by city ordinance. Upon approval of plans and payment of the required fee, the director shall issue the sign permit. Permits shall be numbered in the order of their issuance and shall disclose:
A. The type and description of sign(s) as defined in this chapter;
B. The street address of the property upon which the sign will be installed;
C. The amount of the fee paid for the permit;
D. The date of issuance;
E. The name of the person or company installing the sign;
F. The name of the sign owner. (Ord. 2571 § 2, 1997).
17.76.140 Permit – Identification – Permanent sticker.
With each permit issued, the director shall issue a corresponding permanent, numbered sticker indicating issuance of the sign permit. It shall be the responsibility of the permittee or his/her agent to attach the sticker in a location on the sign(s) or sign structure(s) where it can be readily seen from the street. The absence of such label shall be prima facie evidence that the sign has been installed in violation of this chapter. (Ord. 2571 § 2, 1997).
Article V. Administration and Enforcement
17.76.150 Variance.
The director shall have the authority to grant a variance from the requirements of this chapter in accordance with the following procedures and considerations:
A. The person seeking a variance shall prepare and submit an application on forms provided by the director accompanied by a fee in the amount of $125.00, or an amount as hereafter may be specified by ordinance.
B. Upon receipt of an application, the director shall first review the application for completeness. If the application is incomplete, the director shall promptly return it to the applicant and indicate the additional information needed to make the application complete.
C. Within 15 days of receipt of a complete application, the director shall make a preliminary determination of whether to grant the application, grant the same under specified conditions, or to deny the variance. In making his/her determination, the director may grant a variance only upon specific, written findings of fact setting forth and showing that the following conditions exist:
1. Literal interpretation and strict application of the provisions and requirements of this chapter would cause either:
a. Undue hardship on the applicant because of unique or unusual conditions pertaining to the subject property; or
b. Loss or substantial modification of a sign which has been found by the historic preservation committee to contribute significantly to the historic district;
2. The unique or unusual conditions do not result from actions of the applicant or owner of the subject property;
3. Granting the variance would not confer a special privilege to the subject property that is denied to other similarly situated properties;
4. Granting the variance would not be materially detrimental to the property owners in the vicinity or to the traveling public;
5. Granting the variance would not be contrary to the objects of this chapter relating to the placement of signs and the reduction of clutter; and
6. Granting the variance would be in harmony with the purpose and intent of this chapter and would not establish a precedent for subsequent variance requests which could diminish the effect of this chapter in furthering these purposes.
D. In granting any variance, the director may attach thereto such conditions regarding the location, character and other features of the proposed sign as he/she may deem necessary to carry out the spirit and purpose of this chapter in the public interest.
E. Within five days of making of his/her preliminary determination, the director shall cause to be mailed a notice of the determination to the owner or reputed owner of the properties within 200 feet of the subject property, as shown by the property tax records of the Jefferson County assessor, and by posting notice in a conspicuous place on the subject property and at the Port Townsend City Hall. The notice shall identify the applicant, the street address or legal description of the subject property, the variance requested, the director’s preliminary determination and where the application and director’s findings may be inspected, and shall indicate that written comments or objections will be received and considered by the director for a period of 10 days following the date of mailing.
F. Within five days of expiration of the comment period, the director shall consider any comments or objections made and render a final decision. The director shall cause to be mailed notice of his/her final decision to the applicant and to each person from whom written comments or objections to the preliminary determination have been received. Such decision shall be final and binding unless appealed in writing to the city council within 15 days of the date of mailing of the director’s final decision. Any person may file such an appeal by letter addressed to the city council, accompanied by an appeal filing fee in the amount of $100.00.
G. In the event of an appeal, the city council will review the reasons and information set forth in the letter of appeal, the findings, conclusions, and decision of the director, together with any written material submitted by the director, and may take public comment. The city council shall affirm the decision of the director unless it finds the decision to be clearly erroneous, or arbitrary and capricious, or contrary to law, in which case the council may modify the decision or any conditions in connection therewith, or remand the same to the director.
H. No action to set aside or modify the decision of the city council may be brought in any court or other tribunal unless the action shall be filed within 30 days of the effective date of the decision. (Ord. 2571 § 2, 1997).
17.76.160 Interpretations.
Where there is any dispute concerning the interpretation of this chapter, the decision of the director shall prevail, subject to the appeal provisions set forth in Chapter 20.01 PTMC. (Ord. 2571 § 2, 1997).
17.76.170 Enforcing official – Powers and duties.
The enforcing official of this chapter shall be the director who is hereby authorized and directed to enforce all the provisions of this chapter. Upon presentation of proper credentials, the director may enter at reasonable times any building, structure, or premises to perform any duty imposed upon him/her by this chapter. Signs for which a permit is required may be inspected periodically by the director for compliance with this chapter. (Ord. 2571 § 2, 1997).
17.76.180 Removal of signs.
A. Abandoned signs shall be removed by the owner or lessee of the premises upon which the sign is located within 60 days after the business or service advertised by the sign is no longer conducted on the premises.
B. The director may order the removal of any sign erected, installed or allowed to remain in violation of this chapter. He or she shall give at least 30 days’ notice in writing, to the owner of such sign, or of the building, structure or premises on which such sign is located, to remove the sign or to bring it into compliance with this chapter. The director may order removal of the sign at the expense of the owner of the premises if compliance with the written order is not obtained. Notice to the owner shall be deemed to be given as of the date of deposit in the United States mail addressed to the address on record that date at the office of the Jefferson County assessor. Exception: In the case of temporary signs, banner signs, portable signs or streamers, only five days’ notice need be given.
C. The director may cause any sign which is erected or displayed in violation of this chapter to be summarily removed without notice and at the expense of the owner of the sign and/or premises if:
1. The condition or placement of the sign presents in the opinion of the director an immediate threat to the safety of the public; or
2. The sign is placed in the public right-of-way or upon city property or attached to a utility pole, tree or traffic sign in violation of this chapter. (Ord. 2571 § 2, 1997).
17.76.190 Nonconforming signs.
A. Nonconforming signs shall be removed or brought into compliance with this chapter no later than the expiration of the amortization period of each such sign, determined as follows:
1. For signs made nonconforming by passage of Ordinance 2039, July 31, 1997;
2. For signs made nonconforming by the passage of the ordinance codified in this chapter, July 31, 1997;
3. For signs made nonconforming by passage of any subsequent ordinance, six years after the effective date of said ordinance.
B. Exception Pertaining to Certain Flashing, Blinking or Revolving Signs. Insofar as any sign or parts thereof flash, blink, move, or revolve in a manner prohibited by PTMC 17.76.090, such nonconformity shall be terminated no later than 30 days after the effective date of the ordinance codified in this section. Otherwise, such other nonconforming conditions of such sign are subject to the provisions of this section pertaining to nonconforming signs.
C. Exception Pertaining to Portable Signs, Banner Signs and Streamers. All nonconforming portable signs, banner signs and streamers shall be removed within 90 days of the effective date of the ordinance codified in this section.
D. Incentive for Early Compliance. Whenever a nonconforming, permanent roof-mounted or pole sign is voluntarily removed or otherwise brought into compliance with this chapter at least one year earlier than required by this section, the business advertised by such sign shall be entitled to a sign area bonus equal to 10 square feet of sign area for each year prior to the expiration of the amortization period of the subject sign. Such bonus shall be in addition to the sign area otherwise permitted by the provisions of this chapter, and shall remain in effect for a period of 10 years or until the business ceases to operate, whichever occurs first.
E. Loss of Nonconforming Status.
1. A nonconforming sign shall immediately lose its legal, nonconforming status if:
a. The sign is altered in any way in structure, color or copy, except for readerboard signs; or
b. The sign is damaged in excess of 50 percent of the original cost of the sign; or
c. The sign is relocated; or
d. The sign is replaced.
2. On the occurrence of any of the events described in subsection (E)(1) of this section, the sign shall be immediately brought into compliance with this chapter with a new permit secured therefor, or shall be removed; provided, however, that the director may authorize specific alterations of such nonconforming signs if s/he finds that:
a. The end of the nonconforming sign’s amortization period is more than two years away; and
b. The total amount of aggregate noncompliance of the sign area of the existing signs on the premises is reduced at least 50 percent by the proposed alterations; and
c. The alteration shall not affect the original amortization period for the nonconforming sign.
F. Notice of Nonconforming Signs. The director shall endeavor to give notice of the legal nonconformance and amortization periods set forth in this section to the owners of signs required to be removed. Such notice should be given to the owners of the signs as shown by city records within 60 days of the effective date of the ordinance codified in this section or of the ordinance which renders the signs nonconforming, whichever occurs later. Only one such notice need be given. Failure of the director to give the notice specified in this section, or failure of the sign owner to receive any such notice shall not limit or affect the city’s power to enforce this chapter, or in any way reduce the ability of the city to require removal of the nonconforming signs as provided by law.
G. Administrative Appeal. The owner of a nonconforming sign may appeal to the director to request an extended period of use of such sign beyond the amortization period determined by this section. Any such appeal must be made to the director upon forms provided by the city and must be accompanied by an appeal filing fee in the amount of $100.00. The director shall require that the appellant provide as part of his/her appeal a general description of the sign, its dimensions and physical position; evidence sufficient to establish the date and cost of the sign as originally constructed and installed; the amount of depreciation claimed and the depreciation schedule used for such sign as reflected by Internal Revenue Service schedules for prior years; the estimated cost of relocation or alteration of such sign, where applicable; together with any other information or documents specified by the director which are reasonably necessary to assist the city in making a determination on the appeal. The director shall consider the statements and documentary evidence contained in the application and any supplementary information which s/he may reasonably require. In addition, s/he shall inspect the subject sign to determine its general condition, state of repair, and the extent to which the sign does not conform to the requirements and limitations of the ordinance codified in this section. In making his/her determination, the director shall consider the unrecoverable cost invested in the sign, the estimated remaining life of the sign and the degree of nonconformity. The director shall prepare and make available for public inspection the specific method s/he intends to use in processing such appeals. All determinations of appeals made pursuant to this section shall be made in writing with specific findings of fact and conclusions in support of the decision. All such determinations of the director are subject to appeal as provided by Chapter 20.01 PTMC. (Ord. 2571 § 2, 1997).
17.76.200 Liability.
This chapter shall not be constituted to relieve from or lessen the responsibility of any person owning, building, altering, constructing, or removing or moving any sign in the city for damages to anyone injured or damaged either in person or property by any defect or action in this chapter, nor shall the city or any agent thereof be held as assuming such liability by reason of permit or inspection authorized in this chapter or a certificate of inspection issued by the city or any of its agents. (Ord. 2571 § 2, 1997).
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