Chapter 18.42 SIGNS

It is the purpose of this chapter to safeguard the life, health, property, and welfare of the citizens of the city by regulating and controlling the design, construction, location, use, illumination, and maintenance of signs and sign structures visible from any portion of public property or rights-of-way. The intent of the standards set forth in this chapter is:

(1) To protect the right of business to identify its premises and advertise its products through the use of signs without undue hindrance or obstruction;

(2) To encourage the design of signs that attract and invite rather than demand the public’s attention and to curb the proliferation of signs;

(3) To encourage the use of signs that enhance the visual environment of the city;

(4) To promote the enhancement of business and residential properties and neighborhoods by fostering the erection of signs complementary to the buildings and uses to which they relate and which are harmonious with their surroundings. [Ord. 584 § 1(part), 1983.]

18.42.020 Exceptions.

This chapter shall not regulate traffic and directional signs installed by a government entity; signs not intended to be viewed from and not readable from off premises; window merchandise displays; point-of-purchase advertising displays, such as product dispensers; national flags and flags of political subdivisions; symbolic flags of an institution; legal notices required by law; barber poles; historic site plaques; gravestones; structures intended for separate use, such as phone booths, Goodwill containers and recycling containers; lettering or symbols painted directly onto or flush-mounted magnetically onto an operable motor vehicle operating in the normal course of business. [Ord. 584 § 1(part), 1983.]

18.42.030 Definitions.

For the purpose of this chapter, the definitions in this section apply:

(1) “Abandoned sign” means a sign that no longer correctly identifies, exhorts, or advertises any person, business, lessor, owner, product, or activity conducted or available on the premises where the sign is located.

(2) “Advertising copy” means any letters, figures, symbols, logos, or trademarks which identify or promote the sign user or any product or service; or which provides information about the sign user, the building or the products or services available.

(3) “Awning” means a cloth structure attached to, supported by, and projecting from a building and providing protection of the weather elements. Also called a “canopy.”

(4) “Awning sign” means any sign which forms part of or is integrated into an awning and which does not extend beyond the limits of the awning.

(5) “Building” means a roofed and walled structure built for permanent use.

(6) “Changing message center” means an electronically controlled public service time and temperature sign message center where different copy changes of a public service nature are shown on the same lampbank.

(7) “Comprehensive design plan” means building, design, landscaping, and signs integrated into one architectural plan, the comprehensive plan being complete in all other building, structural, and electrical requirements.

(8) “Double-faced sign” means a sign that has a sign on opposite sides of a single display surface or sign structure.

(9) “Electrical sign” means a sign or sign structure in which electrical wiring, connections and/or fixtures are used as part of the sign proper.

(10) “Facade” means the entire building front or street wall face of a building extending from the grade of the building to the top of the parapet or eaves and the entire width of the building elevation or elevations.

(11) “Flashing sign” means a sign with any portion thereof which changes light intensity or switches on and off in a constant pattern or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination.

(12) “Freestanding sign” means a sign attached to the ground and supported by uprights placed on or in the ground.

(13) “Front foot” means the maximum lineal dimension of an exterior wall, excluding canopies and projections, measured on a straight line parallel to a fronting street. For purposes of this definition, buildings and occupancies within a multiple building complex on a corner lot are defined as having exterior walls fronting on both streets.

(14) “Frontage” means the measurement of the length of the property line along a street.

(15) “Grade” means the elevation as measured at the relative ground level in the immediate vicinity of the sign.

(16) “Ground sign” means a freestanding sign that is less than five feet in height.

(17) “Incidental sign” means a small nonelectric information sign two square feet or less in area which pertains to goods, products, services, or facilities which are available on the premises where the sign occurs and is intended primarily for the convenience of the public while on those premises.

(18) “Information sign” means a sign which gives directional information or identifies specific use areas and which is necessary to maintain the orderly internal use of the premises, such as those signs which identify employee parking, shipping, clearance, or which restrict ingress and egress. Excluded from this definition are signs which are not directly related to an identified need for orderly internal use of the property and off-premises or portable signs.

(19) “Inspector” includes any city employee working under the authority and direction of the code administrator.

(20) “Landscaping” means any material used as a decorative feature, such as textured concrete bases, planter boxes, rockeries, driftwood, pole covers, decorative framing, and shrubbery or planting materials, used in conjunction with a sign, which expresses the theme of the sign but does not contain advertising copy.

(21) “Mansard roof” means a sloped roof or roof-like facade architecturally able to be treated as a building wall.

(22) “Marquee” means a permanent structure attached to, supported by, and projecting from a building and providing protection from the weather elements, but does not include a projecting roof. For the purposes of this chapter, a freestanding permanent roof-like structure providing protection from the elements, such as a service station gas pump island, will also be considered a marquee.

(23) “Marquee sign” means any sign which forms part of or is integrated into a marquee and which does not extend beyond the limits of the marquee.

(24) “Monument sign” means a sign above grade which is mounted or attached to a wide base or grade. These signs are composed of a sign face and a sign base. The base and architectural detail must be consistent with the character of the primary structure.

(25) “Multiple-building complex” means a group of structures housing at least one retail business, office, commercial venture, or independent or separate part of a business or a single structure containing more than one business with separating walls and at least one outside access for each business which shares a common lot, access, and/or parking facility.

(26) “Multiple-tenant complex” means a single structure housing more than one retail business, office, or commercial venture, which does not incorporate a separate outside access for each enterprise; but not including residential apartment buildings.

(27) “Off-premises directional sign” means a sign erected for the purpose of directing pedestrian or vehicular traffic to a facility, service, or business located on other premises.

(28) “On-premises sign” means a sign which carries only advertisements strictly applicable to a lawful use of the premises on which it is located, including signs or sign devices indicating the business transacted, principal services rendered, and goods sold or produced on the premises, name of the business, name of the person, firm, or corporation occupying the premises.

(29) “Perimeter” means the boundary lines used to define the extent of an area.

(30) “Person” means any person, firm, partnership, association, corporation, company, institution, or organization.

(31) “Pole sign” means any freestanding sign more than five feet in height that does not meet the definition of monument sign. These signs are composed of the sign cabinet or base and the sign pole or pylon by which it connects to the ground.

(32) “Portable sign” means a sign which is not permanently affixed and is designed for or capable of being moved, except those signs explicitly designed for people to carry on their person.

(33) “Premises” means the real estate (as a unit) which is involved by the sign or signs mentioned in this chapter.

(34) “Projecting sign” means a sign which is attached to and projects more than one foot from a structure or building face.

(35) “Public commercial parking area” means an open area other than a street, alley, or private parking area serving the occupants, patrons, or employees of a dwelling, hotel, business, or apartment to which the private parking area is appurtenant, which area is used for the parking of more than four automobiles.

(36) “Readerboard” means a sign face designed with readily changeable letters allowing frequent changes of copy.

(37) “Real estate sign” means a portable or freestanding sign erected by the owner or his agent advertising the real estate upon which the sign is located for rent, lease, or sale or directing to the property.

(38) “Revolving sign” means a sign which rotates or turns in motion in a circular pattern.

(39) “Roof line” means the top edge of a roof or parapet; the top line of a building silhouette.

(40) “Roof sign” means a sign supported by and erected on or above the roof line of a building or structure.

(41) “Sign” means any visual communication device, structure, or fixture which is visible from off premises and which directs attention to an object, product, place, activity, facility, service, event, attraction, person, institution, organization, business, or building. Painted wall designs or patterns which do not represent a product, service, or trademark or which do not identify the user are not considered signs.

(42) “Sign area” means the entire area within a circle or polygon enclosing the extreme limits of the advertising message together with any frame or decoration forming an integral part of the display or used to differentiate the sign from the background against which it is placed. If the sign is composed of more than two sign cabinets or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single square or rectangular figure is the area of the sign. Multi-sided signs, signs composed of two or more sides of equal area attached to each other but occupying different planes, shall have their areas computed by excluding the area of one side from the sum of the areas of all other sides. The total surface area of spherical or cylindrical signs is the sign area.

(43) “Sign height” means the vertical distance from grade to the highest point of a sign or any vertical projection thereof, including its supporting columns.

(44) “Sign structure” means any structure which supports or is designed to support any sign as defined in this chapter. A sign structure may be a single pole and may or may not be an integral part of the building.

(45) “Street” means a right-of-way, dedicated to the public use, which provides vehicular access to adjacent properties.

(46) “Street frontage” means the linear frontage of a single parcel of property abutting a public street.

(47) “Temporary construction sign” means a sign jointly erected and maintained on premises undergoing construction, by an architect, contractor, subcontractor, and/or materialman, upon which property the individual is furnishing labor or material.

(48) “Temporary sign” means any sign or advertising display constructed of cloth, canvas, light fabric, paper, cardboard, or other light materials, with or without frames, intended to be displayed for a limited time only. Signs painted upon window surfaces which are readily removed by washing shall be considered temporary signs.

(49) “Under marquee sign” means a sign attached to and suspended from the underside of a marquee or canopy.

(50) “Wall sign” means a sign attached or erected parallel to and extending not more than one foot from the facade or face of any building to which it is attached and supported throughout its entire length, with the exposed face of the sign parallel to the plane of the wall or facade. Signs incorporated into mansard roofs, marquees, or canopies shall be treated as a wall sign. [Ord. 1267 § 11, 2000; Ord. 584 § 2, 1983.]

ARTICLE II. PERMITS

18.42.040 Required.

No sign shall be erected, re-erected, constructed, painted, posted, applied, altered, structurally revised, or repaired except as provided in this chapter and pursuant to a permit issued by the code administrator. A separate permit shall be required for a sign or signs for each business entity and/or a separate permit for each group of signs or a single supporting structure installed simultaneously. Thereafter, each additional sign erected on the structure must have a separate permit. [Ord. 584 § 3(part), 1983.]

18.42.050 Exemptions.

The following shall not require a permit; these exemptions shall not be construed as relieving the owner of a sign from the responsibility of its erection and maintenance and its compliance with the provisions of this chapter or any other law or ordinance regulating the same:

(1) The changing of the advertising copy or message on a lawfully erected, painted, or printed sign, theater marquee, or similar signs specifically designed for the use of replaceable copy;

(2) Painting, repainting, or cleaning of a lawfully erected sign structure or the changing of the advertising copy or message thereon and other normal maintenance unless a structural or electrical change is made;

(3) Temporary decorations customary for special holidays, such as Christmas and Independence Day, erected entirely on private property;

(4) Real estate signs not exceeding eight square feet in residential zones and 24 square feet in commercial zones;

(5) On-premises information signs guiding or directing traffic onto or off of a lot or within a lot, incidental signs, and internal information signs such as “vacancy,” “no soliciting,” not over eight square feet in area which are nonelectrical and nonilluminated, and do not exceed six feet in height. The information or copy displayed by or on any internal informational sign shall be limited to only those letters and/or symbols necessary to convey the required message in as brief a manner as reasonably possible and shall not advertise in any manner the facility occupying the premises nor goods or services available nor hours of operation;

(6) Political signs;

(7) One nonelectrical and nonilluminated business identification sign containing no advertising matter over four square feet in area, which is permanently affixed on a plane parallel to a wall;

(8) One on-premises nonilluminated bulletin board not over 12 square feet in area for a charitable or religious organization;

(9) For each street frontage of the premises, one nonilluminated temporary construction sign denoting the architect, engineer, and/or contractor when placed on work under construction, and not exceeding 32 square feet in area;

(10) Memorial signs or tablets, names of buildings, and date of erection when cut into a masonry surface or when constructed of bronze or other noncombustible materials;

(11) Nonelectrical identification signs which contain no more than the name and address of the dweller or tenant of a residence shall be allowed. Only one such sign not over two square feet in area shall be allowed for each street frontage of a residential dwelling within the city;

(12) Signs used exclusively for:

(a) Display of official notices used by any court, public body, or official, or for the posting of notices by any public officer in the performance of a public duty, or by any person in giving legal notice;

(b) Official directional, warning, or information signs of a public or semipublic nonprofit entity erected by or with the approval of the city; provided, however, the design of such signs shall be subject to the approval of the superintendent of public works in consultation with the community development department. All such signs shall be installed by or under the direction of the city department of public works and may be removed by the department of public works if they become damaged, unsightly, or otherwise fall into a state of disrepair. Upon such removal, replacement signs may be installed. The city manager is authorized to establish a fee schedule for labor and materials expended from public funds for installation of signs and/or posts. [Ord. 1139 § 1, 1995: Ord. 637 § 1, 1985; Ord. 584 § 3(A), 1983.]

18.42.060 Application.

Applications for sign permits shall be made to the code administrator upon building permit forms provided by the city.

(1) Applications for sign permits shall be accompanied by:

(a) Two site (plat) plans showing the location of the affected lot, building or buildings, and sign or signs, showing both existing signs and awnings and the proposed sign;

(b) Two copies of a scale drawing of the proposed sign or sign revision, including size, height, copy, structural and footing details, material specifications, methods of attachment, illumination, landscaping, front and end views of awning, sample of canvas, calculations for dead load and wind pressure, photograph of site and building marked to show where sign or awning is proposed, and any other information required to ensure compliance with appropriate laws;

(d) A permit fee as set by written administrative directive.

(2) Exceptions.

(a) The code administrator may waive submission of plans and specifications when the structural aspect is of minor importance.

(b) If the sign to be installed is to replace a nonconforming sign, the permit and plan check fees may be waived at the discretion of the code administrator. [Ord. 584 § 3(B), 1983.]

18.42.070 Inspections.

(1) All signs controlled by this chapter are subject to periodic inspection by the code administrator. The code administrator shall keep records reflecting inspection dates and results thereof.

(2) Footing inspections shall be made by the code administrator for all signs having footings.

(3) Every new sign shall bear the permit number and date of issue prominently and permanently affixed.

(4) Every temporary sign requiring a permit shall bear a legible notation of its expiration date.

(5) If the inspector is required to reinspect a new installation due to no fault of his own, a reinspection fee shall be charged in accordance with administration directive. [Ord. 584 § 3(C), 1983.]

18.42.080 Variances.

No variances are permitted from the requirement of this chapter; provided, however, that nothing prevents any interested party from appealing administrative decisions in accordance with the hearing examiner code. [Ord. 770 § 61, 1988: Ord. 584 § 3(D), 1983.]

18.42.090 Special use permits.

The community development department is authorized to grant a special use permit for the following purposes:

(1) Temporary signs, banners and/or posters not exceeding 40 square feet, strings of pennants, ribbons, flags, streamers, balloons, spinners, or other devices of a carnival nature may be permitted for temporary or special events, such as a grand opening, but such use shall not exceed 45 days within a three-month period. No more than three types of temporary signs may be displayed at any one time.

(2) Temporary signs exceeding 40 square feet but not exceeding 200 square feet may be permitted for temporary or special events, such as a grand opening, but such use shall not exceed 45 days. Only five such permits shall be issued to any business during a calendar year. The total aggregate of temporary signs shall be no more than 400 square feet.

(3) Inflatable displays exceeding 40 square feet and searchlights may be permitted for temporary or special events, such as a grand opening, but such use shall not exceed 10 days. Only three such permits shall be issued to any business during a calendar year.

(4) Off-premises signs in the Pacific Highway South business district. Such permit may be granted in consideration of the removal of off-premises signage in the downtown business district.

(5) Off-premises directional signs advertising group sales of single-family residences or condominiums; provided, the following conditions shall apply:

(a) Each sign permitted under this section may contain two sign faces, each of which is no larger than 16 square feet, and no more than two signs per group sale shall be permitted;

(b) The maximum height of any such sign shall be eight feet from grade;

(c) The maximum duration of any such sign shall be 90 days or whenever the property advertised in the sign is sold, whichever occurs first; provided, the special permit may be renewed and reissued for additional 90-day periods if the property advertised in the sign has not been sold.

(d) An applicant who is granted a permit under this section shall relinquish the general privilege to place three off-premises directional signs per property under the provisions of DMMC 18.42.050(4) and DMMC 18.42.220 but shall be permitted to place an additional three off-premises directional signs for the entire group sale; provided, such signs comply with DMMC 18.42.050(4). [Ord. 1139 § 2, 1995: Ord. 873 § 1, 1990: Ord. 584 § 3(E), 1983.]

ARTICLE III. COMPREHENSIVE DESIGN PLAN PERMITS

18.42.100 Application – Generally.

Application may be made to the community development department for special consideration whereby deviations from the requirements and restrictions of this chapter may be permitted when an applicant is using a comprehensive design plan to integrate signs into the framework of the building or buildings, landscaping, and other design features of the property, utilizing an overall design theme. Comprehensive design may be used on an existing building where the facade is being altered, new construction or in freestanding signs. The exception in this article is based on an exceptional effort toward creating harmony between the sign, the building, and the site where it is located through use of a consistent design theme which complements and enhances the surrounding development and natural beauty of the area. [Ord. 584 § 3(F)(part), 1983.]

18.42.110 Application – Supplementary material.

Applications for comprehensive design plan permits shall be submitted to the code administrator on forms provided by the city and shall be accompanied by the following:

(1) A narrative describing the proposed plan, including, but not limited to, the following information:

(a) How the physical components of the sign structure relate to the copy area, detailing legibility and readability factors based on traffic speed, sign placement, and letter size;

(b) How the sign(s) relate to the immediate surroundings, including buildings, other signs, landscaping, and other decorative features;

(c) How the sign or signs relate to the desired land use characteristics promoted by the comprehensive plan and this chapter and the natural beauty within and surrounding the city;

(d) How the elements and design of the sign(s) promote and enhance the overall design theme of the city;

(e) Evaluation of potential adverse effects on adjacent property.

(2) A site plan and colored renderings of the sign(s) and building faces on which the signs will be mounted. Graphic submittals shall illustrate how the total sign proposal will appear from the street(s) from which the signage is intended to be seen.

(3) Regular sign permit application. [Ord. 584 § 3(F)(1), 1983.]

18.42.120 Criteria for granting.

In evaluating the proposed plan, the community development department shall employ the following criteria:

(1) Whether the proposal manifests an exceptional effort toward creating visual harmony between the sign, buildings, and other components of the subject property through the use of a consistent design theme;

(2) Whether the sign or signs promote the planned land use in the area of the subject property and enhance the aesthetics of the surrounding area;

(3) Whether the sign placement and size obstructs or interferes with any other signs or property in the area or obstructs natural or scenic views;

(4) Whether the proposed sign or signs is/are better coordinated, more harmonious with surrounding development including other signage and the architectural concepts

employed in the building’s site then could be installed under existing criteria in this chapter;

(5) In the downtown Des Moines business district, whether the proposal promotes the city’s contemporary northwest nautical theme through use of the following:

(a) Restrained use of nautical design features in the sign design, including but not limited to: ships, sails, fish, whales, water, international signal flags, seabirds, and seashells; or

(b) Use of piling, ropes, and other nautical elements integrated into the sign structure to provide a waterfront village appearance; or

(c) Use of wood-carved signs. The contemporary northwest nautical theme is based on Des Moines’ waterfront village history and is not a nautical theme of cute artifacts. [Ord. 584 § 3(F)(2), 1983.]

ARTICLE IV. ZONES GENERALLY

18.42.130 Applicability.

The regulations in DMMC 18.42.140 through 18.42.270 shall apply in all zones and to all signs governed by this chapter, subject to the specific regulations of each zone. [Ord. 1237 § 3, 1999; Ord. 584 § 4(part), 1983.]

18.42.140 Structural requirements.

The structure and installation of all signs within the city shall be governed by the applicable provisions of Title 14 DMMC. [Ord. 977 § 1, 1992: Ord. 584 § 4(A), 1983.]

18.42.150 Prohibited signs.

The following signs are prohibited:

(1) Signs or sign structures, which by coloring, shape, wording, or location resemble or conflict with traffic-control signs or devices;

(2) Signs that create a safety hazard for pedestrian or vehicular traffic;

(3) All flashing signs, except changing message centers;

(4) Portable signs;

(5) Signs attached to or placed on a vehicle or trailer parked 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 and taxis are exempt from this provision;

(6) Off-premises signs, except real estate signs, political signs, public service/civic event signs, garage sale signs, and off-premises signs permitted by special use permit as provided in DMMC 18.42.090;

(7) Any sign affixed to or painted on trees, rocks, or other natural features, or utility poles and the like including advertising signs affixed to or painted on fences;

(8) Roof signs;

(9) All portable readerboard signs;

(10) Strings of pennants, banners, posters, ribbons, streamers, balloons, spinners, searchlights, or other devices of a carnival nature, except as provided in DMMC 18.42.090;

(11) Home occupation signs. [Ord. 584 § 4(B), 1983.]

18.42.160 Maintenance.

All signs, together with all of their supports, braces, guys, and anchors, shall be maintained in good repair and in a safe, neat, clean, and attractive condition. [Ord. 584 § 4(C), 1983.]

18.42.170 Abandoned signs.

Abandoned signs shall be removed by the owner or lessee of the premises upon which the sign is located within 90 days after the business or service advertised by the sign is no longer conducted on the premises. [Ord. 584 § 4(D), 1983.]

18.42.180 Illumination.

The light directed on, or internal to, any sign shall be so shaded, shielded and/or directed so that the light intensity or brightness shall not adversely affect surrounding or facing premises or adversely affect safe vision of operators of vehicles moving on private or public roads, highways, or parking areas, or adversely affect safe vision of pedestrians on a public right-of-way. Light shall not shine upon nor reflect into residential structures. Beacon lights or searchlights shall not be permitted for advertising purposes except within the commercial zones and in conjunction with temporary or special events not exceeding 10 days as permitted by special use permit. Luminosity shall not exceed 100 foot lamberts measured at the sign face. [Ord. 1237 §§ 3, 4, 1999; Ord. 584 § 4(E), 1983.]

18.42.190 Landscaping.

At the time of installation, all freestanding signs shall include landscaping and curbing around the base of the sign to prevent automobiles from hitting the sign structure and to improve the overall visual appearance of the structure. Landscaping shall be in proportion to the size and height of the signs, with a minimum of one-half square foot of landscaping for each square foot of sign area and shall be maintained throughout the life of the sign. No dead shrubs, broken parts, cracked, or extremely chipped material shall be allowed to remain without repair. [Ord. 584 § 4(F), 1983.]

18.42.200 Clearance and sight distance.

Marquees 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 or projecting sign may project closer than two feet from the curbline of the street. Signs must maintain a minimum of eight feet of vertical clearance over pedestrian ways. [Ord. 584 § 4(G), 1983.]

18.42.210 Exposed angle irons and guy wires prohibited.

No angle irons, guy wires, or braces used in conjunction with a projecting sign shall be visible, except those which are an integral part of the overall design. [Ord. 584 § 4(H), 1983.]

18.42.220 Real estate signs.

Real estate signs shall limited to one sign per street frontage on the premises for sale, lease, or rent, and three directional signs to such property. Directional signs shall be displayed only during the time that the premises are actually open for inspection and shall not be placed so as to cause a hazard. [Ord. 584 § 4(I), 1983.]

18.42.230 Political signs.

Political signs shall be removed within 10 days after the final election involving the candidate or issue advertised by the sign. [Ord. 584 § 4(J), 1983.]

18.42.240 Temporary construction signs.

Temporary construction signs shall not exceed 32 square feet, with no more than one sign per street frontage, and shall be removed upon completion of the project, except as provided in DMMC 18.42.120. [Ord. 1139 § 3, 1995: Ord. 584 § 4(K), 1983.]

18.42.250 Bonus provisions.

In each of the zones, total sign area may be increased by 25 percent if the business uses only wall signs. Allowable sign area for freestanding signs may be increased by 25 percent if ground signs or monument signs are used instead of pole signs. [Ord. 1237 § 3, 1999; Ord. 584 § 4(L), 1983.]

18.42.260 Number and type.

No more than one freestanding or projecting sign may be permitted for each street frontage of a subject property; provided, however, that a street frontage which exceeds 300 feet and contains more than one vehicular accessway may be permitted one additional freestanding sign; provided, that the total allowable sign area is not exceeded. No freestanding sign may be permitted closer than 100 feet to another freestanding sign on the same property. [Ord. 584 § 4(M), 1983.]

18.42.270 Placement.

All signs, except real estate directional signs and off-premises signs approved under DMMC 18.42.090, must be located on the premises of the business that they advertise. Advertising signs located on premises other than the premises of the business they advertise are forbidden, notwithstanding single ownership of more than one premises, except where the premises are contiguous. For the purposes of this section “contiguous” means that such buildings are joined and/or interior access provided from one to the other. No sign may be located in a public right-of-way. [Ord. 584 § 4(N), 1983.]

ARTICLE V. REGULATIONS BY ZONE

18.42.280 Applicability.

In addition to the provisions in Article IV, the regulations in DMMC 18.42.290 through 18.42.325 will apply within the various zones. [Ord. 1237 § 3, 1999; Ord. 584 § 5(part), 1983.]

18.42.290 Residential.

The following signs are permitted in all residential zones:

(1) One nonelectrical identification sign per street frontage not exceeding two square feet which contains no more than the name and address of the dweller or tenant of the residence;

(2) One nonelectric identification sign per entrance to a subdivision; providing, that the sign does not exceed 24 square feet in area;

(3) Except in the PR-R zone where a wall sign for a nonresidential use within a mixed-use development may be illuminated, one nonelectric identification sign, not exceeding 24 square feet, per street frontage for nonresidential uses allowed in the residential zones;

(4) Community centers, schools, and churches are permitted one readerboard sign not exceeding 24 square feet, not exceeding eight feet in height;

(5) Temporary signs not exceeding 16 square feet per street frontage for nonresidential uses in a residential zone;

(6) In areas zoned for multiple-family residences, other than duplexes, one nonelectric identification sign not exceeding 24 square feet per street frontage and appropriate to the architectural design and landscape;

(7) In the PR-R zone, onsite real estate signs for the individual dwellings shall be displayed together within or on a sign cabinet or display board. One display cabinet or board shall be allowed per street frontage;

(8) No pole signs shall be permitted and monument signs may not exceed 10 feet in height except by special use permit. No off-premises signs except real estate directional signs are permitted;

(9) Internally illuminated signs shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. [Ord. 1267 § 5, 2000: Ord. 584 § 5 (A), 1983.]

18.42.300 Neighborhood commercial zone (N-C).

The following signs are permitted in the neighborhood commercial zone (N-C):

(1) One nonelectrical and nonilluminated business identification sign containing no advertising matter more than four square feet in area which is permanently affixed to a wall;

(2) Total sign area for a single business shall not exceed one square foot per lineal foot of street frontage up to a maximum of 100 square feet and freestanding signs may not exceed 40 square feet. No freestanding sign shall exceed the height of the primary use structure;

(3) Signs that rotate or have rotating or moving parts are prohibited;

(4) Temporary signs are permitted as provided in DMMC 18.42.240;

(5) Projecting signs are prohibited. [Ord. 1237 § 2, 1999; Ord. 584 § 5 (B), 1983.]

18.42.310 Pacific Highway South business districts not within the Pacific Ridge area.

The following signs are permitted in all commercial zones abutting Pacific Highway South that are not within the Pacific Ridge area:

(1) Each public commercial parking lot, as defined in this title, may have one sign per street frontage, not to exceed 24 square feet in sign area.

(2) Projecting signs may not project further than six feet from the surface of the building and freestanding signs may not exceed 25 feet in height.

(3) Total sign area for a single business property may not exceed three square feet per lineal foot of street frontage, up to a maximum of 300 square feet and freestanding signs may not exceed 100 square feet. Businesses housed in multiple-tenant buildings or within a multiple-building complex are subject to the regulations pertaining to such buildings or complexes.

(4) Total sign area for a multiple-tenant building may not exceed three square feet per lineal foot of street frontage. It shall be the responsibility of the property manager to designate sign area among the tenants. In addition there shall be one freestanding sign permitted not to exceed 120 square feet.

(5) A multiple-building complex shall be permitted one freestanding sign, not to exceed one square foot per lineal foot of street frontage not to exceed a maximum of 200 square feet. In addition, each business within a multiple building complex shall be allowed a wall sign not to exceed one square foot per lineal foot of wall frontage; provided, however, that each business shall be permitted at least 32 square feet.

(6) Revolving and flashing signs are prohibited.

(7) Temporary signs shall be permitted as provided in DMMC 18.42.240. [Ord. 1267 § 6, 2000: Ord. 584 § 5(C), 1983.]

18.42.320 Downtown business district.

The following signs are permitted in all commercial zones within the district defined by South 216th Street on the north, South 232nd Street on the south, 10th Avenue South on the east, and Puget Sound on the west:

(1) Each public commercial parking lot may have one sign per street frontage not exceeding 24 square feet in sign area.

(2) Signs that rotate or have rotating or moving part(s), are prohibited.

(3) Projecting signs may not project further than six feet from the surface of the building and freestanding signs may not exceed 18 feet in height; however, under no circumstance shall a freestanding sign exceed the height of the primary use structure.

(4) Each single business property is permitted a total sign area not to exceed two square feet per lineal foot of street frontage, up to a maximum of 200 square feet. Freestanding signs may not exceed 50 square feet. Businesses housed in multiple-tenant buildings or within a multiple-building complex are subject to the regulations pertaining to such buildings or complexes.

(5) Each multiple-tenant building is permitted one freestanding sign not to exceed 100 square feet in area. Total sign area for the property may not exceed two square feet per lineal foot of street frontage up to a maximum of 250 square feet.

(6) Each multiple-building complex is permitted one freestanding sign not to exceed one square foot per lineal foot of street frontage up to a maximum of 100 square feet. Each business within the complex shall be permitted a wall sign not to exceed one square foot per lineal foot of wall frontage; provided, however, that each business shall be permitted at least 32 square feet regardless of wall frontage.

(7) Temporary signs shall be permitted as provided in DMMC 18.42.240.

(8) All signs in this district must be approved by the community development department to ensure that the sign promotes the city’s northwest nautical theme as described in DMMC 18.42.120(5). [Ord. 584 § 5(D), 1983.]

18.42.325 Business park zone.

The following types of signs are permitted within in the B-P zone:

(1) Freestanding Identification Signs. One monument sign per street frontage for each single-tenant and multi-tenant building, two faces maximum per sign, no larger than 40 square feet of sign area per face, excluding the base, and no higher than six feet in height above grade.

(2) Exterior Directory Signs. Maximum of 60 square feet in area per directory, no higher than six feet above grade, located so as not to impede traffic flow, and at least 100 feet from any freestanding identification sign.

(3) Wall Signs.

(a) Single-Tenant Buildings. Maximum of 80 square feet per building, with letter height not to exceed 30 inches, and one building sign per building elevation per tenant. Signs shall not project more than one foot from the building facade nor beyond the top of the building parapet. Any structural supports shall be concealed from view or integrated in building design. Wall signs are encouraged to be of individual letters.

(b) Multi-Tenant Buildings. Maximum of 100 square feet per building, with letter height not to exceed 12 inches, and one sign per tenant. Signs shall not project more than one foot from the building facade nor beyond the top of the building parapet. Any structural supports shall be concealed from view or integrated in building design. Wall signs are encouraged to be of individual letters.

(4) Directional Signs. All traffic-control and directional signs shall be of a uniform design and shall not contain any business name, symbol, or advertising. Location, size, number, and material shall be as approved by the city. [Ord. 920 § 10, 1991.]

18.42.327 Pacific Ridge commercial zones.

Signs are permitted in the PR-C1 and PR-C2 zones as follows:

(1) Monument Signs. For single business properties, multiple-tenant buildings, and multiple-building complexes, freestanding signs are allowed as follows:

(a) Number of Monument Signs.

(i) For building sites with up to 300 feet of street frontage, one monument sign is allowed.

(ii) For building sites with more than 300 feet of street frontage, two monument signs are allowed.

(b) Monument Sign Size.

(i) Each monument sign allowed shall not exceed 80 square feet in area.

(ii) For properties with less than 80 feet of street frontage, sign area shall not exceed one square foot of sign area for each lineal foot of street frontage.

(i) Monument signs shall not exceed 12 feet in height as measured from median sidewalk grade.

(ii) For properties with less than 120 feet of street frontage, sign height shall not exceed one foot of height for each 10 lineal feet of street frontage.

(d) Allowed signs, sign area, or sign height may not be transferred from one street frontage to another.

(e) Off-premises signs, including but not limited to billboards, are prohibited. The community development director may approve monument signs located on a separate parcel of property within a multiple-building complex when the following conditions exist:

(i) The multiple-building complex appears and functions as one building site; and

(ii) The monument sign appears and functions as an on-premises sign; and

(iii) The approval would not result in additional signs or sign area for the multiple-building complex than would otherwise be allowed; and

(iv) All monument and wall signs within the multiple-building complex conform to the provisions of this chapter.

(2) Wall Signs.

(a) Occupancies with up to 100 front feet are allowed two wall signs. Total sign area shall not exceed two square feet of sign area for each front foot of building occupancy.

(b) Occupancies with more than 100 front feet are allowed three wall signs. Total sign area shall not exceed two square feet of sign area for each front foot of building occupancy.

(d) Except for buildings containing multiple occupancies, wall signage shall not extend horizontally a distance greater than 50 percent of the width of the building wall on which it is displayed.

(e) Each occupancy shall be allowed at least 24 square feet of sign area.

(f) Occupancies having an exterior building wall parallel to more than one street frontage shall be allowed signage based on the longer parallel wall. Allowed signage may be placed on either or both exterior walls. Signage placed on the shorter parallel exterior wall shall not exceed two square feet of sign area per front foot of the shorter parallel wall.

(g) Allowed wall signage is not transferable from one occupancy to another, and wall signs for one occupancy may not be placed on the exterior wall of another occupancy.

(h) Wall signs shall not placed higher than 35 feet above median sidewalk grade.

(i) Projecting signs may not project further than six feet from the surface of the building.

(3) Revolving and flashing signs are prohibited.

(4) Internally illuminated signs shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated.

(5) Temporary signs shall be permitted as provided in DMMC 18.42.090 and 18.42.240. [Ord. 1267 § 7, 2000.]

ARTICLE VI. ADMINISTRATION AND ENFORCEMENT

18.42.330 Authority of code administrator.

The code administrator of this chapter shall be the city manager, who is authorized and directed to enforce all the provisions of this chapter. [Ord. 584 § 6(part), 1983.]

18.42.340 Removal of unlawful signs – Notice.

The code administrator may order the removal of any sign erected, installed, or maintained in violation of this chapter. The expression “code administrator” shall include any city employee acting under the direction of the code administrator.

(1) Signage, General. Any property owner or occupant erecting or maintaining signage not in compliance with the provisions of this chapter, except portable signs which are regulated in subsection (2) of this section, shall be given written notice, by certified letter, specifying the violation and a direction to correct the violation or remove the sign within 30 days. Such notice shall be given to the holder of the sign permit or, if no permit exists, to the named owner of the land where the sign is erected. In the event the violation is not corrected within the 30-day period, the code administrator shall thereupon revoke the permit and remove, or cause the removal of the sign, and shall assess all costs and expenses incurred against the named owner of the sign and/or named owner of the land. Any sign which is a source of immediate peril to persons or property may be removed summarily and without notice. Alternatively, this subsection may be enforced pursuant to chapter 18.72 DMMC.

(2) Portable Signage. Portable signage includes any sign not permanently affixed; portable readerboard signs; streamers; pennants; banners; signs attached to or mounted on trees, fences, utility poles, or vehicles parked in proximity to a business with the purpose of attracting attention to such business; or any similar signs. Portable signs located on site must be removed upon 24-hour notice. Such notice shall be given by delivering a written notice of violation to the owner, occupant, or person ostensibly in charge or control of the real property upon which the sign is located. Such notice shall state the violation and shall require that the violation be corrected within 24 hours. In the event the violation is not corrected within 24 hours, the code administrator shall cause the sign or signs to be impounded. If the portable sign is located off site of the premises to which the sign reasonably relates, or if ownership of the sign cannot be reasonably determined, no notice of violation shall be provided and the sign shall be impounded forthwith. In the event a sign is removed, there shall be a removal fee of $10.00 and a storage fee of $2.50 per day or fraction of a day. No sign shall be returned until the removal and storage fee is paid in full. The sign shall be stored for not less than 10 days, and thereafter the code administrator shall dispose of the sign in any manner. No cause of action shall be maintained against the city for damage to signs properly impounded, whether such damage occurred during the impoundment or storage. A third violation of this subsection occurring within a 12-month period shall result in a criminal prosecution and immediate impoundment of the sign without notice. This enforcement provision supersedes the processes contained in DMMC 18.72.060, and provides for immediate prosecution pursuant to DMMC 18.72.070. For such repeat offenses sign alteration or substitution shall be no defense. [Ord. 791 § 1, 1989: Ord. 584 § 6(A), 1983.]

18.42.350 Nonconforming signs.

(1) Nonconforming signs that were legally and permanently installed prior to December 19, 1983, shall be allowed to continue in use so long as they are continuously maintained, are not relocated, are not structurally altered or made more nonconforming in any way. However, no permit shall be issued for a new freestanding or wall sign as long as any nonconforming signs exist on that property.

(2) Nonconforming off-premises signs shall be abated in accordance with DMMC 18.48.090. [Ord. 1267 § 8, 2000: Ord. 584 § 6(C), 1983.]

18.42.360 City not liable.

This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, building, altering, constructing, or removing any sign in the city for damages to anyone injured or damaged either in person or property by any defect or action therein, 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. 584 § 6(D), 1983.]

18.42.370 Other enforcement.

This chapter may also be enforced pursuant to DMMC 18.72.040 through 18.72.080. [Ord. 584 § 6(B), 1983.]

See also chapter 12.16 DMMC, placement of signs.