Chapter 22.06
SIGN STANDARDS
Sections:
22.06.030 Sign classifications and permitted signs.
22.06.040 Application and permits.
22.06.050 Design and construction standards.
22.06.060 Structural requirements and sign design.
22.06.070 Sign variance procedure.
22.06.080 Nonconforming use and discontinuance of use.
22.06.010 Purpose.
The purpose of this chapter is to establish sign regulations that are intended to:
A. To promote and protect the general public health, safety, welfare, and aesthetics of the community by regulating existing and proposed signs.
B. Promote the community’s appearance by regulating the number, design, character, location, type, and quality of materials, scale, illumination and maintenance of signs to maximize their positive visual impact.
C. Promote the effective identification of businesses while maintaining an attractive and inviting cityscape.
D. Promote signs that identify uses and premises without confusion.
E. Reduce possible traffic and safety hazards through good signage. (Ord. 806-03 § 1)
22.06.020 Definitions.
For the purpose of this chapter, the terms set out in this section shall have the meanings indicated:
1. “Abandoned sign” is a sign which represents or displays any reference to a business or use which has been discontinued for more than six months or for which no valid business license has been issued by the city.
2. “A-board, sandwich board, and similar signs” means small type signs, either single or double face, portable or permanently installed, upon which is generally placed advertising copy denoting products being offered upon the premises on which such signs are placed.
3. “Advertising copy” means any letters, figures, symbols, logos, trademarks or similar devices which identify or promote the sign user or any product or service; or which provides information about the sign user, the premises, the building or the products or services available.
4. “Animated sign” means a sign which contains wind, electronic, or mechanically operated moving parts or which flashes or simulates motion by the use of electric lights.
5. “Awning – retractable” means a hood or cover projecting from, but not a permanent part of, an exterior wall of a building and supported by that wall and that is collapsible, retractable, or capable of being folded against the face of the supporting building.
6. “Awning – fixed” means a hood or cover projecting from, but not a permanent part of, an exterior wall of a building and supported by that wall, and is held in place with rigid frames and covered with a flexible material.
7. “Banner” means a temporary sign made of cloth, fabric, paper, and non-rigid plastic or similar types of material and displayed from a building or structure.
8. “Bench sign” means any sign which is painted or affixed to any portion of a bench and shall be no larger than the area reasonably necessary to accommodate a functional bench.
9. “Billboard” means a preprinted or hand painted changeable advertising copy sign which directs attention to businesses, commodities, services, or facilities which are not primarily sold, manufactured, or distributed from the property on which the sign is located. The term “billboard” includes both the structural framework which supports a billboard and any billboard faces attached thereto.
10. “Canopy” means any structure, other than an awning, made of cloth or metal with metal framework attached to a building or carried by a frame supported by the ground.
11. “Campaign/political sign” is a noncommercial temporary sign displaying a message relating to a candidate, political party, or public issue.
12. “Changeable copy/message sign” means a sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature and date sign, message center or reader board where different copy changes of a public service or commercial nature are shown on the same lamp bank.
13. “Change” means a change of a sign which consists of relocating the sign, or replacing 25 percent or more of the advertising copy or sign face and structural material in the sign. Normal maintenance is not a change which requires a permit.
14. “Commercial sign” means a sign displayed for the purpose of identifying a commercial use, or advertising any good, product, service, business, or other enterprise that is regularly offered for trade or sale.
15. “Directional sign” means a sign permanently erected and permitted by the city or state which serves solely to designate the direction to or location of any place, area, or to direct and regulate traffic. “Directional sign” also means a sign providing notice about the time and place of regular civic meetings and religious activities and services. “Directional sign” also means a sign which has only information (informational directional sign) on exit and entrance or parking and contains no form of advertising copy, or the name of the advertiser, is not greater than four square feet in area and does not exceed three feet in height.
16. “Display sign” means a case or cabinet or other device having a window or transparent material and which is either freestanding or mounted on the exterior of a building structure.
17. “Electrical sign” means a sign or sign fixture in which electrical wiring and connections for fixtures are used as part of the sign.
18. “Existing sign” means a sign in existence prior to the enactment of this chapter.
19. “Exterior/wall sign” means a sign attached to and supported by a wall or facade of a building or structure, with the exposed face of the sign parallel to the wall or facade and extending no more than 18 inches from the wall or facade. Any sign placed behind glass, or affixed to a window of a building and located in such a manner as to have an obvious intent to capture interest of persons outside the building, shall be considered a wall sign and shall be treated in the same manner.
20. “Facade” means the entire building front or the street sidewall of a building from the grade of the building to the top of the parapet or eaves and the entire width of the building elevation.
21. “Flashing sign” means an illuminated sign which changes intensity of lighting and/or switches on and off in a constant pattern or in which lighting is not maintained stationary and with constant intensity and color.
22. “Freestanding sign” means an exterior sign which is self-supported by use of poles, uprights, or braces in a fixed location, and in or on the ground, and is not attached to a building, but not including A-board or sandwich board signs.
23. “Frontage – primary” means as follows:
a. In a building containing only one business, primary frontage shall be the width of that side of the building which contains the main public entrance to that business.
b. In a building containing more than one business, all of which businesses have their main public entrances on the same side, primary frontage shall be the width of that side of the building which contains those public entrances.
c. In a building containing more than one business, where those businesses have their main public entrances on more than one side of the building, each side shall constitute a primary frontage. Each primary frontage shall be the width of that frontage.
24. “Frontage – secondary” means as follows, in a building containing one or more businesses, and having all main public entrances on one side, one secondary frontage may be designated by the building owner. That frontage shall be the width of that side of the building as designated.
25. “Gas station price sign” means a sign advertising the price of fuel and containing no other business advertising.
26. “Gateway sign” means a sign posted and displayed by a governmental agency on city-owned property or right-of-way for the purpose of promoting community events, tourism, and shopping opportunities in and around the city of Sultan. Gateway signs are not considered off-premises signs under this title regardless of the content of the gateway sign.
27. “Governmental sign” is a sign posted and displayed by a governmental agency that is necessary to protect and regulate the public health and safety. Governmental signs include traffic signs, directional and informational signs for public health and safety facilities and public safety warning or hazard signs.
28. “Grade” means the elevation as measured at relative level from the top-of-curb or center of the street, whichever is greater in the immediate vicinity of the sign.
29. “Ground sign” means a type of freestanding sign which is erected on the ground and which contains no free air space between the ground and top of the sign.
30. “Hanging sign” means a sign suspended from an awning, canopy, or marquee.
31. “Identification sign” means a sign limited to the name, address, and number of a building, institution, or person or activity carried on in the building.
32. “Incidental sign” means a small information sign not exceeding four square feet in area indicating goods, services, products, credit cards, hours of operation, or facilities which are available on the premises and is primarily intended for the convenience of the public.
33. “Illegal sign” is a sign which was erected without first complying with all ordinances and regulations in effect at the time of its erection and use.
34. “Illuminated sign” means a sign designed to give forth an artificial light, or designed to reflect light from an external source.
35. “Illumination – external” means an exterior lighting source located away from a sign which lights the sign, but is not readily visible.
36. “Illumination – internal” means a light source concealed or contained within the structure which becomes visible in darkness through a translucent surface.
37. “Joint use sign” means a sign which is designed and constructed to be used by more than one business.
38. “Mansard roof sign” means signs which are structurally incorporated into a sloped roof or roof-like facade architecturally capable of being treated as a building wall.
39. “Marquee” means a permanent roof or hood structure attached to, supported by, and projecting from a building over the public right-of-way or public place. It provides protection from weather elements, but does not include a projecting roof.
40. “Mural” is a picture painted directly on a building, or to surfaces mounted on the building, or its appurtenances.
41. “Multiple tenants building” means a single structure housing more than one retail business, office or commercial venture.
42. “Noncommercial sign” means a sign which is devoted to religious, charitable, cultural, political, artistic, governmental or educational messages, and that is not primarily associated with a good, product, or service offered for sale or trade. Noncommercial signs include, but are not limited to, signs advertising incidental and temporary commercial activities conducted by governmental agencies, schools, churches, and nonprofit civic or service clubs, and residential property owners and tenants.
43. “Nonconforming” means a sign or sign structure legally erected prior to this code that does not conform to the provisions as contained in this chapter.
44. “Obsolete sign” means a sign advertising a business no longer conducted or product no longer sold.
45. “Off-premises or remote sign” means a sign, including a billboard, which is not located on the property where the business depicted by the sign is located, and which is not directly related to the use or activity operated on the site of the sign.
46. “On-premises sign” means a sign which displays only advertising copy strictly incidental to the lawful use of the premises on which it is located and shall, depending upon the zoning district in which it is located, contain any of the following:
a. The name of the owner, occupant, management, or firm occupying the premises;
b. The address and use;
c. The kind or name of the business and/or the brand name of the principal commodities sold or produced on the premises;
d. Other information relative to a service or activity involved in the conduct of the business (also includes owner identification or business sign). Any commercial or noncommercial sign which advertises or relates to a good, product, service, place, thing, event, or meeting that is lawfully offered, sold, traded, provided, located or conducted at the location upon which the sign is posted or displayed.
47. “Permanent sign” is a fixed or portable sign intended for continuous use or intermittent display for periods exceeding 60 days in any calendar year.
48. “Pole sign” means an exterior sign which is self-supported by use of a single supporting structure or single pole, in a fixed location, and in or on the ground, and is not attached to a building.
49. “Portable sign” means any sign which is readily capable of being moved or removed, whether attached or affixed to the ground or any structure, that is designed, constructed, and typically intended for temporary display. Portable signs include, but are not limited to:
a. Signs posted or displayed upon a movable chassis or support with or without wheels;
b. A-frame signs;
c. Wooden, cardboard, metal, or plastic “stake” or “yard” signs;
d. Posters or banners affixed to windows, railings, overhangs, trees, hedges, or other structures or vegetation;
e. Signs mounted on vehicles parked and visible from the public right-of-way, except signs mounted upon vehicles that are being primarily used for normal day to day commercial or noncommercial transportation purposes, and not primarily for advertising or display purposes, and except for signs advertising for sale the vehicle upon which the sign is posted;
f. Searchlights;
g. Balloons or inflatable signs over 24 inches in diameter and similar devices of a carnival nature.
50. “Projecting sign” means a two-sided sign projecting more than 15 inches from a structure or building which is supported by a wall of the structure.
51. “Real estate sign” means a temporary sign erected by the owner or his agent advertising the real estate upon which the signs are located for rent, for lease or for sale.
52. “Roof sign” means a sign erected upon or above the parapet of a building or structure. Mansard roof signs shall not be included.
53. “Sign” means any communication device, structure, fixture, illuminated or non-illuminated, which is visible from any public right-of-way, and using graphics, pictures, symbols or written copy, that is intended to direct attention to and to promote the sale of products, goods, services, events, or to identify a building.
54. “Sign area” means the entire area of the structure on which advertising copy is to be placed. It shall include the total height and width of the structure. Sign supporting structures which are part of the sign display shall be included in the area rectangle. Architectural embellishments and decorative features which contain no written or advertising copy shall be included in determining the sign area. Where a sign is affixed to or otherwise displayed on a structure which is not in itself a sign, such as a wall, marquee, canopy, or awning, the sign area shall be a rectangle formed by the greatest height and width of the advertising copy. The area of all ground signs shall be measured by determining the sum of the area of the advertising copy as noted above, and that portion of the sign structure which exceeds one and one-half times the area of the sign face.
55. “Sign face” means the area of display surface used for the message.
56. “Sign height” means the vertical distance measured from the adjacent street grade or upper surface of the nearest street curb, other than elevated roadways, which permits the greatest height to the highest point of the sign.
57. “Sign package review” means a process by which building design, commercial development design, and signs are integrated into one architectural set of plans that are submitted for community development department review and/or building permits.
58. “Special event sign” means a sign that displays information concerning a special event, festivals, carnivals, grand openings, or annual sales occurring no more than twice within any 12-month period.
59. “Temporary sign” is an allowed portable sign intended for short-term use, not to exceed 60 days in a calendar year.
60. “Window sign” means a sign affixed to a window for advertising purposes. (Ord. 1347-21 § 57; Ord. 1202-15 § 1; Ord. 806-03 § 1)
22.06.030 Sign classifications and permitted signs.
A. Exempt Signs. The following types of signs and devices shall be exempt from the permit requirements of this chapter; provided, that all applicable standards or conditions are met:
1. Political signs; provided, that such of these signs that relate to a particular election shall be removed no later than 10 days after the election to which the signs pertain and do not exceed 32 square feet in area.
2. Flags, pennants or insignia of nations, or an organization of nations, states or cities, or fraternal, religious and civic organizations or any educational institutions except when such flags are used in connection with a commercial promotion or as an advertising device.
3. Placards, banners, pennants, merchandise, pictures or models of products or services incorporated into a window display.
4. Works of fine art and painted murals which in no way identify a product or business and which are not displayed in conjunction with a commercial enterprise, which enterprise may benefit or realize direct commercial gain from such display.
5. One nameplate per public entrance per business of no more than two square feet per face which is suspended under a canopy or mounted on the face of the building.
6. Temporary decorations or displays clearly incidental and customary and commonly associated with national, local or religious holiday celebrations if erected entirely on private property and not displayed for a period of more than 10 days (40 days for the Christmas/New Year holiday) coinciding with that holiday; provided, however, there shall be no flashing lights permitted in commercial areas.
7. Signs not visible beyond the boundaries of the lot or parcel upon which they are located or from any public thoroughfare or right-of-way.
8. Traffic and other official signs of any public or governmental agency.
9. Commemorative plaques and historical site or structure signs.
10. Billboards signs located on the outfield fence of the Mariner’s Field located at the Sultan High School.
11. Special event signs; provided, that all of the following conditions are met:
a. The promoter of the event or grand opening shall have met with the city to obtain approval for the proposed sign(s) to ensure they fall within the definition of a special event sign.
b. No such sign shall include moving parts or flashing lights.
c. No such sign shall create a hazard.
d. No such sign shall be erected or displayed more than 30 days before the special event or grand opening it announces or 14 days thereafter.
e. All such signs shall be removed within 14 days following the conclusion of the special event or grand opening.
12. Temporary, nonilluminated real estate signs, limited to one in all residential zones, and not exceeding six feet in area per sign face.
13. Temporary, nonilluminated construction signs, limited to one sign in residential areas, not exceeding 32 square feet in area per face; and two signs in commercial and industrial zoning district, not exceeding 32 square feet in area per face per street frontage.
14. Real estate directional signs in all zoning districts not exceeding six square feet in area per face or four feet in height.
15. Gateway signs; provided, that all of the following conditions are met:
a. All messages are compliant with design standards and policies regarding content and length of display as established by the community development department;
b. All fees for such sign have been paid as set forth in the city of Sultan latest adopted fee schedule;
c. No such sign shall include moving parts or flashing lights;
d. No such sign shall create a safety hazard.
16. Any other signs expressing constitutionally protected forms of free speech.
B. Prohibited Signs. It is unlawful to erect or maintain:
1. Abandoned signs.
2. Signs which interfere with the view of traffic signs, signals or devices and approaching or merging traffic.
3. Animated signs. No sign shall be animated, revolve or rotate either mechanically or by illumination, except the movement of the hands of a clock, electronic message displays, and barber poles.
4. Signs which are significantly distracting to vehicle operators, such as those containing flashing, moving or intermittent lights, or signs with a concentrated light source or reflecting frames or surface(s) of such intensity or glare that it may create a safety hazard to motorists or pedestrians.
5. Signs erected, maintained, or painted upon trees, rocks, or other natural features.
6. Signs which are structurally unsafe, or improperly maintained or otherwise in violation of the Uniform Building Code, other city ordinances, and state codes.
7. Private signs on utility poles as prohibited by RCW 70.54.100.
8. Pinwheels, twirlers, propellers, and flashing or blinking lights; flares.
9. Portable temporary signs of the following types:
a. Signs posted or displayed upon a movable chassis or support, with or without wheels.
b. Posters outside of the business establishment.
c. Signs mounted upon vehicles as specified in SMC 22.06.020(49) of the definition for portable signs, of a commercial nature.
d. Searchlights.
e. Inflatable signs and balloons over 12 inches in diameter, and similar devices of a carnival nature.
f. Billboards.
g. Signs which by reason of their size, location, movement, content, shape, coloring or manner of illumination obscure, imitate, or may be confused with lawfully posted governmental signs such as traffic control signs, signals, or devices.
10. Signs in dilapidated or hazardous condition.
11. Roof signs.
C. Permitted Signs.
1. Signs in the residential districts (low density residential (LDR), moderate density residential (MDR), and high density residential (HDR)) may include and shall be limited to the following:
a. No off-premises signs are permitted except for real estate directional signs in conjunction with subsection (C)(1)(b) of this section.
b. Real estate signs shall be limited to one per street frontage not exceeding six square feet in area per face or four feet in height.
c. One identification sign per multifamily dwelling, manufactured home park, and subdivision, not exceeding 25 square feet in area per face, provided it has only indirect illumination and does not exceed a height of five feet.
d. One identification sign per public or semi-public use provided such sign does not exceed 35 square feet in area per face or five feet in height and has only indirect illumination.
e. Conditional uses within the above zoning districts may be allowed one wall or ground sign, as part of the conditional use approval process (Chapter 21.04 SMC), providing the size of the sign does not exceed 25 square feet in area or five feet in height and has only indirect illumination.
f. Home occupation or commercial nameplate identification signs, or combination nameplate and street identification signs, not exceeding four square feet. Signs larger than four square feet shall be allowed if the owner can show burden of proof that site is unique and a larger sign is needed due to topography of property or access to site. No sign shall exceed eight square feet.
g. Internally illuminated signs are prohibited.
2. Signs in the urban center (UC) zone may include and shall be limited to the following:
a. Off-premises signs are prohibited.
b. On-premises signs shall include wall signs, marquee signs, and projecting signs only. A mansard roof sign shall be considered a wall sign in this district. Projecting signs shall be limited to one per street frontage and shall not exceed an area of 25 square feet per sign face.
c. Wall and marquee signs shall not exceed a total sign area of two square feet per lineal foot of building frontage; except that in no event shall the sign allowance for any one building be less than 60 square feet regardless of frontage.
d. Signs attached to marquees projecting over public property shall be constructed of noncombustible materials.
e. Wall signs and projecting signs shall be constructed of noncombustible materials, or wood of one-inch nominal thickness. Approved plastics may be used in the construction of electric signs.
f. One freestanding sign per business or complex may be permitted for properties with street frontage on Highway No. 2, provided the area of the sign does not exceed one square foot per lineal foot of street frontage not to exceed 150 square feet in area and not to exceed 20 feet in height.
g. Portable signs as defined in SMC 22.06.035.
h. Public directory/directional signs located in the public right-of-way, established by the city, not exceeding 25 square feet in area and eight feet in height.
3. Signs in the highway-oriented development (HOD) zone may include and shall be limited to the following:
a. Only on-premises signs are permitted, except that off-premises directional signs with a sign area of 40 square feet per face and eight feet in height, limited to four square feet of signage for each individual business or advertiser and outdoor advertising signs not exceeding 100 square feet in area per sign face and 20 feet in height are permitted.
b. Single-Tenant Building.
i. One freestanding sign with a total sign area of one square foot per lineal foot of street frontage not to exceed 100 square feet in area per sign face and 20 feet in height;
ii. A projecting sign may be used in lieu of a freestanding sign, but shall be limited to one-half of the area allowed for a freestanding sign on that frontage, and in no case shall exceed 36 square feet in area per sign face;
iii. Wall or marquee signs shall not exceed a total sign area of two square feet per lineal foot of building frontage, but at least 60 square feet of sign area shall be permitted, but each business in the complex/building shall be allowed at least 32 square feet in sign area regardless of their location or building frontage;
iv. Portable signs as stated in SMC 22.06.035.
c. Multibuilding Complexes or Multitenant Buildings.
i. One freestanding sign with a total sign area of one and one-half square feet of sign area per one foot of street frontage not to exceed 150 square feet in area per sign face and 20 feet in height;
ii. There shall be not more than one freestanding or projecting sign per street frontage, except that if a complex has more than 300 lineal feet of street frontage, they shall be allowed one additional freestanding sign, not to exceed 100 square feet in area per sign face and 20 feet in height. The signs must be located at least 150 feet apart;
iii. A projecting sign may be used in lieu of a freestanding sign, but shall be limited to one-half the area allowed for the freestanding sign on that frontage, and in no case shall exceed 36 square feet in area per sign face. A projecting sign and a freestanding sign shall not be permitted along the same street frontage;
iv. The total allowable sign area for wall and marquee signs shall not exceed three square feet per lineal foot of building frontage, but each business shall be allowed at least 60 square feet regardless of the length of the building frontage;
v. Changing message center signs or other similar electrically or electronically controlled sign with advertising are allowed;
vi. Portable signs as stated in SMC 22.06.035.
4. Signs in the manufacturing (M) zone may include and shall be limited to the following:
a. Only on-premises signs are permitted except that off-premises directional signs with a sign area of 40 square feet per face and eight feet in height and limited to four square feet of signage for each individual business or advertiser and outdoor advertising signs with a sign area of 100 square feet per side are permitted.
b. One freestanding sign shall be permitted with a maximum sign area of one square foot for each one foot of street frontage, not to exceed 50 square feet in area per sign face and 20 feet in height.
c. One wall sign shall also be permitted, in addition to a freestanding sign, with a maximum sign area of one square foot for each one foot of building frontage, not to exceed 50 square feet in area. In lieu of a freestanding sign, one additional wall sign is permitted not to exceed 50 square feet in area.
d. Portable signs as stated in SMC 22.06.035.
5. Notwithstanding anything to the contrary in this chapter, gateway signs are permitted in all zones and/or in the public right-of-way. (Ord. 1347-21 § 58; Ord. 1202-15 § 2; Ord. 1149-12 § 2; Ord. 806-03 § 1)
22.06.035 Portable signs.
Portable signs are permitted, subject to the regulations set forth below.
A. Size and Height. No sign shall exceed six square feet in area per face with a maximum height of three feet.
B. Setbacks. Portable signs shall maintain a 15-foot side yard setback in all districts and shall not obstruct traffic visibility at street, highway, or driveway intersections.
C. Location. Portable signs shall be located on the business premises advertised except in the UC (urban center) zone and where they may be located off the business premises provided the location does not create a hazard to pedestrian movement on the sidewalk, or the use of the adjacent street, including on-street parking spaces.
D. Number of Signs Permitted.
1. Single-Tenant Building. No more than one portable sign shall be allowed for each street frontage for any single-tenant building.
2. Multibuilding Complexes or Multitenant Buildings. For multibuilding complexes or multitenant buildings no more than one portable sign shall be allowed for each 50 feet of continuous street frontage; provided, that a minimum 25-foot separation must be maintained between signs.
E. Anchoring. All signs shall be anchored in a manner which both prevents the sign from being moved or blown over from its approved location and also allows for the prompt removal of the sign.
F. Illumination. No portable identification sign may be illuminated.
G. Hazard. No portable sign or associated apparatus shall be situated or used in a manner which creates a hazard to the public. The city retains the right to revoke any permit and to remove a portable sign that, in the judgement of the city officials, may create an accident or hazardous situation. The determination to remove a portable sign or revoke a permit for a portable sign may be appealed to the city council by filing a written request therefor within 10 days of the removal of the sign or the revocation of the permit. The permit shall not be restored, nor the sign replaced, until a determination by the city council has been made.
H. Permit and Permit Sticker Required. No portable sign may be installed or utilized without first obtaining a permit therefor from the city of Sultan building official. Applications for permits may be made according to such procedures and upon such forms as may be established by the building official. A valid city-issued permit sticker shall be affixed to the sign in the location determined appropriate by the building official prior to installation of any portable sign. (Ord. 1269-17 § 1; Ord. 806-03 § 1)
22.06.040 Application and permits.
A. Permit Requirement. No sign governed by the provisions of this chapter shall be displayed, erected, relocated, or altered without first obtaining a sign permit. When such a permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms and conditions of said permit without prior written approval from the building and zoning official.
B. Application for Permit. An application for a sign permit shall be made by the owner of the property or his authorized agent, except for political signs or other signs not requiring a permit. The permit application shall contain a legal description of the property where the sign is proposed to be located; the name, address, and telephone number of the owner or his/her authorized agent; the name, address, and telephone number of the sign installer/erector; the type of sign surface area, and value of the sign proposed; the signature of the applicant; a drawing to scale showing the design and location of the sign, and an indication as to the material to be used to construct the sign, its color, and how it is proposed to be affixed to the property; and any other pertinent information deemed necessary by the building and zoning official’s office to ensure compliance with these standards.
C. Statement of Authorization. Any application for a sign permit that is signed by an individual other than the property owner shall be accompanied by a notarized statement of authorization consenting to the sign placement by the owner of record or, if the property or building upon which the sign to be located is leased, a copy of the executed lease shall accompany the application form. Off-premises signs shall require a notarized statement from the property owner authorizing the placement of the sign. (Ord. 1269-17 § 1; Ord. 806-03 § 1)
22.06.050 Design and construction standards.
A. Plans and Specifications. Plans and specifications for any proposed sign shall be prepared and submitted in triplicate to accompany the application. Such plans and specifications shall be drawn to scale and, at a minimum, include the following:
1. Sign dimensions;
2. Lot frontage on all public rights-of-way;
3. Maximum and minimum height of the sign, as measured from the finished ground floor grade;
4. The location of the sign in relation to property lines, public rights-of-way, easements, buildings, and any other existing signs on the property;
5. Dimensions of the sign’s supporting members;
6. For illuminated signs, the type, placement, intensity, and proposed hours of operation;
7. All construction and electrical specifications, if any, of the proposed sign;
8. Lineal footage of building frontage;
9. Contact and number for dial-a-dig location;
10. For ground and pole sign footing and foundation details and specifications.
B. Existing Signs. The number, type, location, and surface area of all existing signs on the same property and/or building upon which the proposed sign is to be located shall be indicated.
C. Revocation of Permit. If the work involving the erection of any sign is found, upon inspection, to not be proceeding in accordance with the drawings and specifications contained in the sign permit application, and/or is proceeding in violation of these standards, or any other codes and laws of the city of Sultan, the owner or his/her authorized agent shall be notified of the violation in writing by the building and zoning official’s office. If the owner or his authorized agent fails or refuses to make corrections within 15 working days of being notified, it shall be the duty of the building and zoning official’s office to revoke such permit and serve notice upon such owner. It shall be unlawful for any person to continue with any work associated with sign erection/installation after such notice is issued.
D. Revocation of Permit for Nonuse. If work has not commenced within 90 working days from the date of the issuance of the sign permit, the permit shall become null and void. If construction of a sign has commenced under a sign permit, but is then suspended for a period of at least 60 working days, such permit shall become null and void. If any sign permit has been declared null and void and the owner, developer, or tenant decides to reinstate action on the construction/installation of the sign, it shall be necessary for him/her to reapply in writing for a new permit. All requests for extensions of the time limit and all approvals (or denials) for these requests shall be in writing.
E. Inspection. The building and zoning official’s office may make or require any inspections of any sign construction or installation to ensure compliance with these standards and other pertinent laws. (Ord. 806-03 § 1)
22.06.060 Structural requirements and sign design.
A. Landscaping. The purpose of this subsection is to establish aesthetic standards that will lead to an attractive appearance along public rights-of-way through the use of landscaping.
1. A landscaped area shall be provided and maintained in a neat and orderly manner at the base of every freestanding or ground sign, in addition to any other required landscape standards.
2. Said landscaped area shall contain a minimum of one square foot for each square foot of sign surface area.
3. Real estate, permitted banners, and pennants, all permitted temporary signs, and political signs are exempt from this requirement.
B. Sign Locations.
1. No sign shall be attached to a gutter, drainpipe, or fire escape, nor shall any sign be installed that impedes access to a roof. No sign shall encroach into a means of egress as identified in the Uniform Building Code.
2. No sign shall be installed in any location where, by reason of its position, it will obstruct the view of any authorized traffic signal, sign, or other traffic control device.
3. No sign shall be attached to any public tree, utility pole, traffic sign device and restraining object.
4. All signs, except for political signs and temporary noncommercial social event signs, shall pertain to a permitted use on the property upon which they are installed.
5. No business, office, or industrial use shall have more than two signs per public right-of-way frontage.
6. There shall be a clearance of at least nine feet between the ground and the bottom of the sign and no sign shall overhang within two feet of the vertical projection of a public right-of-way or curb line in the urban center district.
C. Traffic Hazard. No sign shall hereinafter be erected, installed, operated, used, or maintained that:
1. Due to its position, shape, color, format, or illumination, obstructs the view of or may be confused with an official traffic sign, signal, or device.
2. Contains display lights resembling the flashing lights customarily associated with emergency situations, such as those used by police, fire, ambulance, or any other emergency vehicle.
3. Uses, in a manner which may confuse motor vehicle operators, the words “stop,” “warning,” “turn,” or similar words implying the existence of danger or the need to stop or maneuver.
4. Obstructs the view of motor vehicle operators entering or exiting a public roadway from any parking area, service drive, or other thoroughfare.
5. Obstructs visibility at street intersections for motorists.
6. Is placed within the public right-of-way.
D. Compliance with Other Codes. All signs hereafter erected shall comply with all applicable provisions of all other codes as related to location, structural design, and construction.
1. All freestanding and ground signs erected within the right-of-way of State Highway No. 2 or within the required building setback areas of properties adjacent to State Highway No. 2 shall incorporate break away design standards into the design and construction of the sign(s) as recommended by the Washington State Department of Transportation.
E. Other Specifications.
1. No sign shall be erected or installed so as to obstruct any fire escape, require exits, or window or door opening intended as a means of egress from a building.
2. No sign shall be erected or installed that interferes with any opening required for ventilation.
3. No sign shall be erected or installed that creates a potentially unsafe situation because of its proximity to electrical conductors.
4. Signs and their supporting structures shall maintain clearance and noninterference with all surface and underground facilities and conduits for potable water, wastewater, gas, fuel, electricity, or communications equipment or lines. The placement of any sign shall not interfere with any stormwater drainage facility or channel.
5. No visible angle or other supporting frame structure for the support of projecting, and/or canopy signs are prohibited except for structures designed to be an integral part of the sign.
6. Signs shall not contain more than three cabinets or modules. (Ord. 806-03 § 1)
22.06.070 Sign variance procedure.
A. The hearing examiner may approve or approve with modification the application for a variance from the provisions of the sign code if:
1. The applicant is unable to obtain signage consistent with this chapter due to special circumstances or conditions related to the size, topography, location or other physical characteristics of the premises, and that such special circumstances or conditions are not the direct result of the actions or omissions of the applicant. For purposes of this section, such special circumstances may include the proximity of the premises to any state highway, but shall not include proximity to local streets and roads.
2. The variance shall not constitute a grant of a special privilege inconsistent with the limitation upon signage and other uses of other properties in the vicinity and zone in which the property, on behalf of which the application was filed, is located.
3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated.
B. A nonrefundable sign permit variance fee shall be collected at the time of application submittal. Fees will be set by resolution by the city council.
C. Any person aggrieved by the decision of the hearing examiner on a variance application shall have the right to appeal that decision to the Snohomish County superior court. (Ord. 806-03 § 1)
22.06.080 Nonconforming use and discontinuance of use.
A. A legal, nonconforming sign existing on the effective date of this sign code shall be allowed to continue in existence without abatement provided all of the following criteria are met:
1. The sign was lawfully constructed, erected, posted or displayed in full compliance with all development regulations and standards then in effect; and
2. The sign does not present a threat to the public health and safety.
B. A legal, nonconforming sign shall immediately be brought into compliance with the applicable provisions of this sign code upon any of the following events:
1. Any change in the use classification of the primary building or structure to which the sign advertises or relates, as determined by reference to the most current version of the Uniform Building Code as adopted by reference.
2. Any significant modification or repair to the structure, frame, or support of the nonconforming sign. For purposes of this section, “significant modification or repair” shall mean modification or repair that exceeds 50 percent of the fair market value of the sign.
3. Any relocation or replacement of a nonconforming sign.
C. A legal, nonconforming sign shall not be expanded or enlarged to any degree without bringing the sign into conformance with the provisions of this sign code.
D. Where the use of a legal nonconforming sign is abandoned or discontinued for a continuous period of 180 days, such sign shall lose its nonconforming status and shall be immediately removed or brought into compliance with the provisions of this sign code. For commercial signs, a nonconforming sign shall be considered to be abandoned or discontinued upon the close, expiration, or termination of the commercial location or activity to which the sign relates. (Ord. 806-03 § 1)