Chapter 14.58
SIGNS

Sections:

14.58.010    Purpose.

14.58.020    Definitions.

14.58.025    Calculation of sign area.

14.58.030    Sign regulations.

14.58.040    Sign work exempt from sign permit.

14.58.050    Sign permit requirements.

14.58.070    Appeals.

14.58.080    Variances.

14.58.090    Nonconforming sign.

14.58.120    Violation.

14.58.130    Enforcement.

14.58.140    Conflict.

14.58.010 Purpose.

The purposes of this chapter are to: (a) ensure that signs and sign structures are designed, installed, and maintained to prevent personal injury, and to avoid traffic and property hazards and public nuisances; (b) recognize that signs are necessary for public, private, business, community, and other purposes; and (c) impose limited controls on signs so that they are compatible with surrounding property uses and enhance the appearance of the Othello community. (Ord. 1511 § 1 (part), 2018: Ord. 1298 § 2 (part), 2009).

14.58.020 Definitions.

“Abandoned sign” means a sign which no longer serves its intended purpose.

“Architectural appendage sign” means a building sign that is suspended from, attached to, applied to, or part of an awning, marquee, false mansard, canopy, or similar projection from the exterior walls of a building.

“Billboard” means an off-site sign that is substantial in size and construction, usually is owned by an outdoor advertising company, and contains advertising space that is for rent or lease.

“Building” means an enclosed structure for a use or occupancy.

“Building sign” means any sign that is attached or applied to, mounted on, suspended from, painted on, or part of the exterior of a building or architectural appendage, including the roof and facade.

“Cabinet sign” means a sign enclosure which has access for the replacement of one or more sign faces and lamps, if internally illuminated.

“Changeable copy sign” means a sign that is designed to easily rotate or alternate messages by whatever means. Examples of changeable copy signs are reader boards and electronic message centers.

“Construction sign” means a temporary standing or portable sign that is nonilluminated. A construction sign provides information about a construction project.

“Directional sign” means a sign which only identifies a business or activity and directs traffic to that business or activity.

“Double-face sign” means two sign faces which are identical in size and message and either are displayed back-to-back or within a thirty-degree interior angle.

“Electronic sign” means a sign having a display that can be changed by an electrical, electronic, or computerized process.

“Facade” means one or more exterior walls of a building that face one direction, including parapets and openings such as doors and windows.

“Flashing sign” means a sign that has external or internal lighting which changes intensity, rotates, animates, travels, or switches on and off in a blinking manner. Examples of such lighting are lamp banks with blinking or traveling messages, traveling arrows and revolving beacons.

“Free-standing sign” means a sign that has vertical support which is permanently anchored in the ground. Examples are pole (or pylon), post, and monument signs.

“Garage sale sign” means a temporary sign for the sale of household items.

“Incidental sign” means a nonilluminated, on-site, convenience sign. Examples of incidental signs are credit card, telephone, and rest room signs.

“Monument sign” means a free-standing sign in the shape of a monolith. Usually the sign is vertically supported on a base which is on a pedestal, but the sign may be a pole-covered sign. A monument sign is intended to be viewed at eye level.

“Noncommercial sign” means a sign expressing noncommercial speech, such as public community events, public awareness, community service, religious, political, social, or other philosophical messages. A noncommercial sign can also include a warning or directional sign, such as “Keep Out,” “No Trespassing,” “Right Turn Only,” “Security Alarm,” or “No Dumping.”

“Nonconforming sign” means a permanent sign that was lawfully erected, installed, or otherwise displayed according to the applicable Adams County or city zoning regulations, but does not conform to the sign regulations of this chapter.

“Off-site sign” means a sign that is not related to an activity that is on the same site as the sign, or the sign is on a vacant site.

“Official sign or legal notice” means an official sign or legal notice issued by a court, public agency, or as authorized by law or federal, county, or city authority.

“On-site sign” means a sign that is related to an activity that is on the same site as the sign.

“Permanent sign” means any sign which is not a temporary sign as defined in this section.

“Pole (or pylon) sign” means a free-standing sign on one or more upright supports in a foundation. The upright supports may be covered for aesthetic purposes. A pole sign is the same as a pylon sign.

“Portable sign” means a sign that either is a sign structure or is part of or affixed to a sign structure that is designed to be movable.

“Projecting sign” means a type of building sign that either is: (1) mounted at right angle to a facade; (2) suspended under an architectural appendage and at right angle to a facade; or (3) a wall sign that extends eighteen or more horizontal inches from the facade.

“Real estate sign, other” means a sign that either advertises a parcel or lot of nonresidential land, or the buildings thereon, or both, which is for sale, lease, or rent.

“Real estate sign, residential lot” means a sign that either advertises a parcel or lot of residential land, or the buildings thereon, or both, which is for sale, lease, or rent. Residential land includes land that is vacant and within a residential zone or land that is in residential use, regardless of zone.

“Residential subdivision sign” means a sign which advertises the sale of lots in a residential subdivision, parcels in a manufactured home binding site plan, or lots in a residential planned development.

“Right-of-way” means a corridor which either is reserved for or contains a public street, road, alley, pathway, highway, or freeway.

“Roof sign” means a building sign that is mounted on the roof of a building as defined in this section. A roof sign does not project beyond the vertical planes of the building facades.

“Sandwich board sign” means a portable sign that is A-frame, does not exceed four feet in height or two feet in width, and is nonilluminated.

“Sign” means a visual message that is displayed to attract the outdoor attention of the general public. A sign may be: (1) advertising of a generic or specific product, item, or service; (2) a promotion of an activity or event; (3) any other implicit or explicit message which informs, alerts, directs attention to, or warns; (4) the name of a business, building, place, or organization; or (5) any combination of advertising, promotion, other message, or name. A sign may consist of, but is not limited to, words, pictures, drawings, logos, symbols, other graphics, border, trim, frame, cabinet, background, space, material, or devices which are integral to the visual message. A sign may contain multiple visual messages which are related in content and proximity.

“Sign face” means one dimension of a sign that contains the visual message.

“Sign height” means the vertical distance as measured from finished grade at the base of a sign or sign structure to the top of the sign.

“Sign structure” means the horizontal and vertical support for a sign.

“Site” means either: (1) a parcel of unplatted land, a parcel in a binding site plan, a tract, or a lot in a subdivision; or (2) two or more contiguous parcels, tracts, or lots under one ownership without intervening right-of-way and identified or delineated as one development site; or (3) two or more contiguous parcels, tracts, or lots under different ownerships, without intervening right-of-way, and identified or delineated as one development site.

“Street frontage” means that portion of a site boundary that borders one or more streets as defined in Section 17.09.830.

“Temporary sign” means a sign affixed to, applied on, or made from lightweight material, with or without a frame or backing, which is designed to be displayed for a limited time. Examples of lightweight materials are vinyl, cardboard, card stock, corrugated plastic, and fabric.

“Traffic control sign” means any permanent or temporary traffic control, traffic signal, or construction sign that is subject to: (1) the latest edition of the Standard Specifications for Road, Bridge, and Municipal Construction as published by the Washington State Department of Transportation in conjunction with the Washington State Chapter of the American Public Works Association, as amended by the city Community Street and Utility Standards; and (2) the Manual on Uniform Traffic Control Devices.

“Vehicle sign” means a sign that is affixed or painted on a vehicle which is primarily used for transportation rather than parked for the purpose of displaying the sign.

“Wall sign” means a building sign that is painted or flush-mounted on a facade, fascia, or architectural appendage, less than eighteen inches horizontal projection.

“Window or door sign” means a building sign that is suspended or mounted flush with an exterior window, or painted on a window or door, and directed outside. (Ord. 1511 § 1 (part), 2018: Ord. 1298 § 2 (part), 2009).

14.58.025 Calculation of sign area.

The area of a sign is the smallest circle, square, or rectangle that encloses a sign face or the largest plane of a three-dimensional sign. The area of a double-face sign is the area of a single face. The area of a multiple-face sign (other than a double-face sign) is the sum of the areas of all sign faces. Only the sign portion of a structure, material, space, or device is calculated for the purpose of sign area, except that the area of a cabinet sign or sign in a frame or border shall be based on the outside dimensions of the cabinet, frame, or border. The area of multiple signs on a structure, material, space, or device is the sum of the areas of all signs. The area of a sign with multiple messages is the smallest circle, square, or rectangle that encloses all of the messages. (Ord. 1511 § 1 (part), 2018: Ord. 1298 § 2 (part), 2009).

14.58.030 Sign regulations.

(a)    Only a sign as defined in the definition for “Sign” in Section 14.58.020 is subject to the provisions of this chapter.

(b)    A sign type that is listed in the following table is allowed to be displayed, subject to the applicable sign regulations listed in this section and in the table.

(c)    The following are prohibited from display, unless it is a nonconforming sign as provided in Section 14.58.090:

(1)    Abandoned signs.

(2)    Billboards.

(3)    Dilapidated or hazardous signs, as determined by the building inspector or code enforcement officer.

(4)    Flashing signs.

(5)    Signs which could be confused with or obstruct view of a traffic sign or signal, as determined by the public works director or city engineer.

(6)    Parking a vehicle primarily for displaying advertising.

(d)    The following sign types are exempt from the provisions of this chapter:

(1)    Government flags.

(2)    Official signs and legal notices.

(3)    Incidental signs intended for public information, such as open, closed, business hours, address, greeting, credit cards, restrooms, help wanted, parking, and similar.

(4)    Traffic signs, signals, wayfinding signs, and other traffic control devices installed by the city, state, or other public authority.

(5)    Wall or window graphics of an artistic nature that do not convey a commercial message.

(6)    Signs on a lot where construction is taking place, provided the signs are removed prior to occupancy of the building.

(e)    A sign type that is not listed in the following table is not allowed to be displayed.

(f)    A sign shall comply with applicable provisions of the State Building Code.

(g)    A sign is subject to Chapter 8.26, Nuisances.

(h)    State law (RCW 70.54.090) prohibits the attachment of a sign to a utility pole.

(i)    No sign is allowed on or over right-of-way except for the following:

(1)    A projecting sign is allowed over a sidewalk in right-of-way in the C-1 zone and in the C-2 zone where the building is not set back from right-of-way; provided, that the sign does not project more than eighty percent of the distance between the right-of-way line and back of curb line, and there is a minimum of eight feet vertical clearance under the sign.

(2)    A noncommercial temporary sign is allowed in right-of-way, with the permission of the abutting property owner, subject to the remainder of the applicable sign regulations in this section and in the following table.

(3)    A sandwich board sign is allowed within right-of-way in a commercial zone where the building is built up to the right-of-way line and there is no other place to put the sign. The sign must be placed as close to the building as possible, there must be at least five feet of clearance from the sign to the curb, and the sign must be weighted or anchored so it will not become a hazard.

(j)    No permanent sign is allowed on or over a public utility easement.

(k)    A permanent sign may be allowed over but not on a municipal easement, upon approval by the city engineer.

(l)    Every sign shall be maintained in a safe and secure manner. A torn, broken, hazardous, dilapidated, or outdated sign, as determined by the building official, shall be repaired, replaced, or removed.

(m)    The city engineer shall review each application for a sign permit for sight distance. The city engineer shall consider whether a sign would be located or constructed so as to obscure or obstruct an official traffic sign, signal, or device, or obstruct a motorist’s view of approaching, merging, or intersecting traffic, before approving or disapproving the application.

(n)    Internal or external sign lighting shall be shaded, hooded, site screened, or directed so that the light’s intensity or brightness shall neither adversely affect adjacent or nearby property, nor create a public nuisance, nor create a traffic hazard.

(o)    No sign shall be erected or maintained if it is visible from the main traveled way of the primary system except as permitted by Chapter 468-66 WAC, Highway Advertising Control Act, or Chapter 47.42 RCW, Highway Advertising Control Act—Scenic Vistas Act.

(p)    Where electronic signs are allowed, the following conditions apply:

(1)    The maximum size of an electronic sign shall be limited to sixty square feet.

(2)    The minimum height for the sign shall be thirteen feet from grade of the adjacent roadway to the bottom of the sign, except that electronic signs smaller than six square feet shall not have a minimum height requirement.

(3)    A single message or message segment must have a static display time of at least two seconds with all segments of the total message to be displayed within ten seconds.

(4)    Displays may travel or scroll horizontally or vertically but must hold in a static position for two seconds after completing the travel or scroll.

(5)    Displays shall not appear to flash, undulate, or pulse, or portray explosions, fireworks, flashes of light, blinking or chasing lights, nor appear to move toward or away from the viewer, expand or contract, bounce, rotate, spin, or twist.

(6)    Displaying videos is prohibited.

(7)    Electronic signs shall be illuminated only as necessary for adequate visibility. In no case shall the maximum brightness levels, when measured from the sign face at its maximum brightness, exceed five thousand nits during daylight hours, or five hundred nits between sunset and sunrise. Signs found to be too bright shall be adjusted as directed by the city of Othello.

(8)    Electronic signs shall include an ambient light meter and programmable or manual dimming capacity.

(9)    White lights shall not be used as the sign background.

(10)    The owner or operator of any electronic sign located within a residential zone, such as for a church or school, shall turn off the electronic sign between ten p.m. and six a.m. if requested to do so by nearby affected residents.

 

TABLE A: SIGN REGULATIONS 

Sign Type

Maximum Sign Height

Maximum Sign Area

Sign Permit

Other Sign Regulations

Architectural Appendage

Sign may be flush-mounted or suspended under the architectural appendage

See Building sign

R

Sign allowed only in commercial and industrial zones. If the sign is suspended, there shall be at least 8' clearance above grade

Building

See specific types of building signs

The total area of building signs shall not exceed 25% of the overall area of each facade. None of this allowance is transferable from one facade to another facade. No individual building sign shall exceed 15% of the overall area of a facade.

See specific types of building signs

Sign allowed in commercial and industrial zones, or for a properly permitted commercial use in another zone, or for a public, semi-public, or noncommercial facility or area, such as a park, school, hospital, church, neighborhood, or apartment complex

Changeable Copy

25' for Free-standing, or wall height for Wall sign

See Building, Free-standing, or Temporary Free-standing or Portable sign

R

Sign allowed only in commercial and industrial zones or for a properly permitted commercial use in another zone, or for a public, semi-public, or noncommercial facility or area, such as a park, school, hospital, church, neighborhood, or apartment complex

Directional

6' for Free-standing sign; same as for Wall sign

8 sq. ft. per sign

R

Sign allowed only in commercial and industrial zones

Free-standing

25'

150 square feet per site in a commercial or industrial zone, except that a site which has street frontage exceeding 300 lineal feet is allowed 150 square feet per increment of 300 lineal feet of street frontage.

R

Sign allowed only in commercial and industrial zones or on a site where there is a properly permitted commercial use in another zone, or for a public, semi-public, or noncommercial facility or area, such as a park, school, hospital, church, neighborhood, or apartment complex. A site without street frontage shall be limited to one free-standing sign structure. The number of free-standing sign structures that are allowed on a site with street frontage shall be limited to two per increment of 300 lineal feet of street frontage. If a site exceeds one free-standing sign structure, then the structures shall be separated a minimum of 100 lineal feet.

Garage Sale

NA

NA

NR

See Chapter 4.24, Garage Sales

Noncommercial

See Building, Free-standing, or Temporary sign

See Building, Free-standing, or Temporary sign

NR if temporary, R for others

See Building, Free-standing, or Temporary sign

Nonconforming

See Section 14.58.090 for limitations on nonconforming signs

Projecting Sign

Same as for Wall or Architectural Appendage sign

See Building sign

R

See Section 14.58.030(i)

Real Estate—Other

8' for Free-standing sign; wall height for Building sign

32 sq. ft. per sign

NR

Shall be nonilluminated. Shall be removed from display within five days after sale, lease, or rent.

Real Estate—Residential Lot

No limit

6 sq. ft. per sign

NR

Shall be nonilluminated. Shall be removed from display within one day after sale, lease, or rent.

Roof

10' above roof height as measured from intersection of the roof and lowest point of the sign, sign structure, or point of attachment

See Building sign

R

Allowed in commercial and industrial zones

Sandwich Board

4'

8 sq. ft. each face

R

Sign allowed only in commercial and industrial zones. Sign shall be on site. Shall be removed from display at the end of each business day.

Temporary Noncommercial

8' for Free-standing sign; same as for Wall sign

32 sq. ft. per sign

NR

Shall be removed within 10 days after the election or event. May be located on private property with permission from property owner. May be placed in right-of-way adjacent to the private property of the abutting land owner with the permission of the abutting land owner; provided, that it is not in a location or condition that is prohibited.

Temporary Sign on Free-standing Structure or Portable

See Free-standing if on free-standing structure; 8' height if portable

32 sq. ft. per street frontage per site. If no street frontage, then 32 sq. ft. per site. The total sign area shall be restricted to one, contiguous, designated area per street frontage. The designated area shall not exceed 12 lineal feet parallel to street frontage.

R—one time per location. Ownership change of business license requires new sign permit.

Allowed only in commercial and industrial zones. Sign shall be repaired, replaced, or removed when torn, worn, broken, or dilapidated, or when the event has passed or the message is no longer relevant.

Temporary Sign on Wall

Same as Wall sign

See Building sign

NR

NA

Vehicle

Flush-mounted to vehicle

NA

NR

Nonilluminated. Vehicle must be used in the course of business, not parked for the purpose of advertising.

Wall

The sign shall be contained within the outline of the facade

See Building sign

R

NA

Window or Door

The sign shall be contained within the perimeter of the window or door

See Building sign

NR for temporary sign; R for permanent sign

Not more than 40% of the window or door area may be used for signage

NA = Not Applicable; NR = Not Required; R = Required

(Ord. 1518 § 1, 2018: Ord. 1511 § 1 (part), 2018: Ord. 1298 § 2 (part), 2009).

14.58.040 Sign work exempt from sign permit.

The replacement of the face or faces of a cabinet sign, maintenance of a sign or sign structure (by repair, replacement of parts, cleaning, or touch-up), and sign removal without any sign installation are exempt from the requirement for a sign permit. (Ord. 1511 § 1 (part), 2018: Ord. 1298 § 2 (part), 2009).

14.58.050 Sign permit requirements.

A new sign or sign structure, or the replacement of an existing sign or sign structure, shall require an application for city review and issuance of a sign permit prior to work, except for types of signs that do not require a permit as listed in Table A, or sign work that is exempt from a sign permit. The application shall include:

(a)    Two copies of a scaled drawing of the site plan which shows the site boundary, sidewalk and curb, driveways, buildings, other relevant site development or site limitations, and the location of the proposed building or free-standing sign or signs. The location of free-standing signs should be shown as dimension lines from nearest lot or parcel boundaries.

(b)    Two copies of scaled plans and elevations of the sign work, including sign and sign structure dimensions, sign height, structural detail, description, drawing, or picture of the sign copy, footing details, method of sign attachment to sign structure, building, or architectural appendage, building facade dimensions, illumination, specifications, and calculations for wind loads.

(c)    An inventory of each and every existing sign on the site, including a description of the sign copy, type of sign, and sign dimensions.

(d)    The building official may waive the submission of plans, specifications, and calculations when the structural aspect is of minor importance.

(e)    A completed application with an inventory of each and every sign that will be installed or removed, and the type of sign. (Ord. 1511 § 1 (part), 2018: Ord. 1298 § 2 (part), 2009).

14.58.070 Appeals.

Appeals shall be as provided for in Chapter 19.11. (Ord. 1511 § 1 (part), 2018: Ord. 1298 § 2 (part), 2009).

14.58.080 Variances.

The hearing examiner shall hear and decide any request for a variance from the sign regulations contained in this chapter in accordance with Chapter 2.16. (Ord. 1511 § 1 (part), 2018: Ord. 1305 § 2, 2009; Ord. 1298 § 2 (part), 2009).

14.58.090 Nonconforming sign.

Any nonconforming sign may continue to be maintained and used in compliance with Chapter 17.79, Nonconforming Uses. Any nonconforming sign which has been abandoned at least six months shall be removed or conform to the applicable sign regulations of this chapter. (Ord. 1511 § 1 (part), 2018: Ord. 1298 § 2 (part), 2009).

14.58.120 Violation.

Upon occurrence of a violation of the provisions of this chapter, the code enforcement officer shall notify the responsible person representing the sign in violation that a violation of this chapter exists. A notice of violation and order to correct or cease activity as provided in Section 8.26.050 shall be issued. (Ord. 1511 § 1 (part), 2018: Ord. 1298 § 2 (part), 2009).

14.58.130 Enforcement.

The code enforcement officer may cause the removal or demolition of an illegal sign or for failure to comply with a notice of violation upon seven days’ written notice. After removal or demolition of the sign, a notice shall be mailed to the sign owner stating the nature of the work and the date on which it was performed and demanding payment of the costs as certified by the building official. If the amount specified in the notice is not paid within thirty days of the notice, the city may institute a civil action to recover its costs. The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the code enforcement officer. (Ord. 1511 § 1 (part), 2018: Ord. 1298 § 2 (part), 2009).

14.58.140 Conflict.

If any provision of this chapter is found to be in conflict with any other provision of any local, state, or federal regulations, the provision which establishes the higher standard shall prevail. (Ord. 1511 § 1 (part), 2018: Ord. 1298 § 2 (part), 2009).