Chapter 16.40
ADVERTISING STRUCTURES*
Sections:
16.40.012 Maximum number allowed.
16.40.015 Areas where allowed.
16.40.020 License – Required – Duration.
16.40.030 License – Application.
16.40.040 Issuance of permits.
16.40.050 Permission of owner or lessee.
16.40.070 Loose material prohibited – Termination of license.
16.40.080 Owner’s name displayed.
16.40.090 Objectionable material prohibited.
16.40.100 Sign construction and location requirements.
16.40.105 Loss of location – Replacement.
16.40.120 Penalty for violation.
16.40.130 Government/community service advertising structures and billboards.
*For the Highway Advertising Control Act of 1961, see Chapter 47.42 RCW.
16.40.010 Definitions.
(1) “Outdoor advertising structure or billboard” means a freestanding sign, not erected upon or attached to any other structure, five feet by nine feet or larger, which advertises goods, products, or services which are not sold, manufactured or distributed on or from the premises or facilities on which the sign is located and with a display surface or surfaces primarily designed for the purpose of periodically painting, posting, or displaying an advertising message thereon.
(2) “The business or occupation of outdoor advertising” means the business of letting or selling space by the owner of any billboard or outdoor advertising structure to any other party for a valuable consideration.
(3) “Sign face” means the sign base on which advertising or other information is displayed. (Ord. 2689 § 2, 1998; Ord. 1541 § 1, 1971; Ord. 865 § 1, 1956).
16.40.012 Maximum number allowed.
The maximum number of outdoor advertising structures and billboards in the city shall not exceed 17 and the number of outdoor advertising and billboard sign faces shall not exceed 32; provided, however, that in the event of annexation, any outdoor advertising structures or billboards, and sign faces, lawfully existing within the annexed area and which had been in place for one year or more at the time of annexation, may continue to be maintained in such locations and the number of permitted outdoor advertising structures and billboards and sign faces permitted within the city shall be deemed to be increased by the number of such advertising structures and billboards and sign faces within such annexed area. (Ord. 2689 § 1, 1998).
16.40.015 Areas where allowed.
(1) Commercial Districts. No outdoor advertising structures or billboards shall be constructed or erected in the commercial districts D-C, CBD, RC, NC, GC and O/C. Any outdoor advertising structures or billboards existing and licensed in the commercial districts shall be deemed to be a nonconforming use and the relevant provisions of LMC 19.75.020 and 19.75.030 shall be applicable thereto; provided, however, that in the event that the licensee of any such outdoor advertising structure or billboard should remove such structure or billboard from its present location in the commercial districts, or should any such structure or billboard be destroyed or damaged to the extent that a permit to repair or replace such structure or billboard is denied under the provisions of LMC 19.75.030, the licensee may, for a period of one year after such removal, relocate or replace said structure or billboard in a location within a use district in the city designated as LI-A, HI or C/I. Such relocation or replacement shall be subject, however, to the provisions of this chapter relating to location requirements and spacing.
(2) Manufacturing Districts, LI-A, HI or C/I. Except as provided in subsection (1) of this section, outdoor advertising structures or billboards may be constructed, erected and maintained only within the manufacturing districts LI-A, HI or C/I. (Amended during 9/15 supplement; Ord. 3202 § 6, 2012; Ord. 3175 § 2, 2011; Ord. 2689 § 1, 1998).
16.40.020 License – Required – Duration.
(1) No person, firm or corporation shall engage in or carry on the business or occupation of outdoor advertising without having first paid a license fee of $20.00 per sign face for each such advertising structure or billboard per year, or until the thirty-first day of December next following the application for such license, payable annually in advance on the first day of January of each year to the city clerk.
(2) Each license shall remain in force for a term of not more one year from and after the first day of January and shall be renewed annually. All licenses issued after the first day of January of any year shall expire on the thirty-first day of December of said year.
(3) Any license which is not renewed by payment of the sum required by this section within six months after the due date thereof shall be terminated. (Ord. 2689 § 3, 1998; Ord. 1988 § 1, 1980; Ord. 1541 § 3, 1971; Ord. 865 § 1, 1956).
16.40.030 License – Application.
Every application for a license required by LMC 16.40.020 shall be made on a form to be furnished by the city clerk and shall state the full name and the post office address or fixed place of business of the applicant. The issuance of such license shall entitle the holder thereof to engage in, or carry on, the business or occupation of outdoor advertising, and to make application for permits as hereinafter provided. (Ord. 865 § 1, 1956).
16.40.040 Issuance of permits.
Any person, firm or corporation, either as a principal, agent or otherwise, desiring a permit to erect or place any advertising structure or billboard shall file with the department of community and economic development an application therefor. Such application shall set forth the location on which it is proposed to erect such advertising structure or place such structure or billboard, describing the same by lot and block or by any other description by which the same may be readily located or identified. Such application shall be accompanied by the written consent of the owner of the property on which the same is proposed to be erected or placed. If the application shows the erection, construction and maintenance of the proposed advertising structure or billboard is in accordance with all of the requirements of this chapter, the department of community and economic development shall issue a building permit upon the payment by the applicant of the applicable fee set forth in the building code, as adopted by the city, for each advertising structure or billboard to be erected or maintained. (Ord. 2774 § 1, 2000; Ord. 2689 § 4, 1998; Ord. 1541 § 2, 1971; Ord. 865 § 1, 1956).
16.40.050 Permission of owner or lessee.
It is unlawful for any person, firm or corporation to erect, place or maintain or cause to be erected, placed or maintained any advertising structure or billboard without the lawful permission in writing, signed and acknowledged, by the owner or lessee of the property upon which such advertising structure or billboard is located. (Ord. 865 § 1, 1956).
16.40.060 Plot plan required.
Such application for the erection, construction and maintenance of the proposed advertising structure or billboard shall be accompanied by a drawing to scale of the proposed sign and a plot plan showing the proposed location of the structure upon any lot and showing clearly the street or streets upon which such structure is to face; and such plot plan shall also show the location of existing adjacent buildings, street intersections, and other outdoor advertising structures or billboards within a radius of 600 feet. (Ord. 2689 § 5, 1998; Ord. 865 § 1, 1956).
16.40.070 Loose material prohibited – Termination of license.
(1) No paper, cloth or advertising matter shall be allowed or permitted to hang loose from any advertising structure or billboard, but the same shall be securely fastened or glued to the surface of such structure. Every such structure shall be maintained at all times in a good condition and repair, both as to structure and appearance.
(2) In the event that any advertising structure or billboard should be discovered to be in violation of subsection (1) of this section the director of community and economic development shall notify the licensee thereof of such violation, and require repairs to be effected within 30 days from the date of such notice. If repairs are not effected within 60 days from the date of such notice, the license for such advertising structure or billboard may be terminated by the city council after public hearing, and upon two weeks or more notice to the licensee. (Ord. 2774, 2000; Ord. 2689 § 6, 1998; Ord. 1988 § 2, 1980; Ord. 865 § 1, 1956).
16.40.080 Owner’s name displayed.
No advertising structure or billboard shall be erected or maintained unless the name of the person owning and/or maintaining the same is plainly displayed thereon. (Ord. 865 § 1, 1956).
16.40.090 Objectionable material prohibited.
It is unlawful to display on any advertising structure or billboard any advertisement or advertising matter which is obscene or contrary to law. (Ord. 2689 § 7, 1998; Ord. 865 § 1, 1956).
16.40.100 Sign construction and location requirements.
(1) Size of Signs.
(a) The maximum area for any one sign shall be 300 square feet with a maximum height of 25 feet and a maximum length of 30 feet inclusive of any border and trim but excluding the base or apron, supports and other structural members; provided, that cut-outs and extensions may add up to 20 percent of additional sign area;
(b) For the purposes of this subsection, double-faced, back-to-back or V-type signs shall be considered as two signs;
(c) Signs may not be joined to create an area greater than 300 square feet or a dimension greater than 10 feet by 30 feet.
(2) Spacing of Signs.
(a) Signs may not be located in such a manner as to obscure or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device, obstruct or physically interfere with the driver’s view of approaching merging, or intersecting traffic;
(b) Not more than a total of two sign structures on both sides of a street within a space of 600 feet shall be permitted with a minimum of 500 feet between sign structures. In no event, however, shall more than two sign structures be permitted between platted intersecting streets;
(c) For the purposes of this subsection, a back-to-back sign and a V-type sign shall be considered one sign structure;
(d) Official signs and signs advertising activities conducted on the property on which they are located shall not be considered in determining compliance with the above spacing requirements. The minimum space between structures shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the street and shall apply to signs located on the same side of the street.
(3) All outdoor advertising structures and billboards hereafter constructed and installed shall comply with the following requirements:
(a) The construction of all primary structural members is limited to incombustible material;
(b) Shall be constructed or erected only within the manufacturing district M-1-A, M-1 or M-2 as defined by LMC Title 19;
(c) Shall be at least 100 feet from any traffic signal light, directional or stop sign facing upon the same street as said outdoor advertising structure or billboard; provided, that structures or billboards existing on May 1, 1998, in the commercial district C-2 may be located not less than 50 feet from a street intersection centerline if within two feet of and parallel to the exterior wall of an existing building;
(d) Except for the necessary structural support posts, all outdoor advertising structures or billboards within 100 feet of a street intersection shall be at least 12 feet above grade at the center of the street or at the edge of the public sidewalk nearest the property line;
(e) No outdoor advertising structures or billboards shall contain, include or be illuminated by any flashing, intermittent, or moving light or lights;
(f) No outdoor advertising structures or billboards shall contain any animated or moving parts;
(g) No electronic sign faces on outdoor advertising structures or billboards shall be permitted. (Ord. 2689 § 8, 1998; Ord. 1988 § 3, 1980; Ord. 1541 § 4, 1971).
16.40.105 Loss of location – Replacement.
In the event that a licensee should experience loss of an outdoor advertising structure or billboard location by reason of termination of lease or construction of a building on the site of such advertising structure or billboard, the licensee shall be permitted to move or replace said advertising structure or billboard within 12 months after such loss in accordance with the provisions of this chapter; provided, however, that any such replacement or relocation shall be permitted only within or into the use districts M-1-A, M-1, and M-2. (Ord. 2689 § 9, 1998; Ord. 1988 § 4, 1980).
16.40.110 Temporary political signs – Requirements.
Repealed by Ord. 2838. (Ord. 2772 § 1, 2000; Ord. 2655 §§ 1, 2, 1997; Ord. 1541 § 4, 1971).
16.40.120 Penalty for violation.
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be guilty of a misdemeanor and shall be punished as provided in LMC 1.26.020. (Ord. 2689 § 10, 1998; Ord. 865 § 1, 1956).
16.40.130 Government/community service advertising structures and billboards.
This chapter shall not apply to outdoor advertising structures or billboards owned, erected, installed and/or maintained by the city, designated as “governmental/public service” advertising structures or billboards; provided, however, that such structures or billboards shall be subject to and comply with all building and safety codes of the city. Such advertising structures or billboards shall not contain any private for-profit commercial advertising, logos or statements, and shall be limited to graphic displays and textual information relating to economic and development opportunities in the city, public activities within the city, public service information on behalf of city-wide or community-wide interest, and related information; provided, however, that the contractor erecting or maintaining any such advertising structure or billboard shall be permitted, for the duration of any written agreement for the maintenance of such advertising structure or billboard, to display its company name on the structure thereof, but not on the displace face thereof; provided further, that such outdoor advertising structures or billboards shall not be erected or maintained in any area of the city not zoned as M-1-A, M-1 or M-2. (Ord. 2882 § 1, 2004).