Chapter 15.36
SIGNS

Sections:

15.36.010    Intent.

15.36.020    Definitions.

15.36.030    Permits and fees required.

15.36.040    Prohibited signs.

15.36.045    Prohibited signs – Outdoor advertising – Alcoholic beverages.

15.36.050    Off-premises signs.

15.36.060    Temporary signs.

15.36.070    Structural requirements.

15.36.080    Electrical requirements.

15.36.090    Illumination limitations on electronic signs.

15.36.100    Maintenance.

15.36.110    Inspection.

15.36.120    Buildings facing on two parallel streets or corner.

15.36.130    Signage on awnings and marquees.

15.36.140    District regulations.

15.36.150    Off-site banners – Community events.

15.36.160    Community signs.

15.36.170    Variances.

15.36.180    Nonconforming signs.

15.36.190    Removal of unlawful signs.

15.36.200    Sign area – Square footage maximums.

15.36.210    Grand opening/special event sign area.

15.36.220    Administrator – Authority – Inspections.

15.36.230    More restrictive provision to apply.

15.36.240    Conflict and severability.

15.36.250    Violation – Penalty.

15.36.010 Intent.

The intent of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating the number, size, design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures; to preserve and improve the appearance of the City as a place in which to live and as an attraction to nonresidents who come to visit or trade; to encourage sound signing practices as an aid to all entities and for public information; but to prevent excessive signing displays and those that may be adverse to the public health, welfare, and safety. [Ord. 2018-2 § 1, 2018; Ord. 2119 § 1, 2005.]

15.36.020 Definitions.

For the purpose of this chapter, the following terms have the following definitions:

“Abandoned sign” means any sign which is located on property which becomes vacant and unoccupied for a period of six months or more, or any sign which relates to any occupant or business unrelated to the present occupant or their business, or any sign which pertains to a time, event or purpose which no longer applies.

“Administrator” means the City Manager or his designee, including but not limited to the Building Official and/or Property Maintenance Facilitator.

“Advertising vehicle” means any vehicle or trailer on a public right-of-way which has attached thereto, or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business. Franchised buses or taxis are exempt from this chapter.

“Animated sign” means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. Excluded from the definition are public service signs, changing message center signs, searchlights and flags.

“Awning” means a shelter extending from and supported entirely by the exterior wall of a building.

“Bulletin board (reader board)” means a sign so designed that the message may be changed by removal or addition of specially designed letters that attach to the face of the sign.

“Commercial sign” means any commercial communication device, structure or fixture that is extended to aid an establishment in identification, advertisement, or promotion of the content therein and to advertise and/or promote a business or service. For the purpose of this chapter, a commercial sign shall not be considered to be building or structural design, but shall be restricted solely to graphics, symbols or written copy that is meant to be used in the aforementioned way.

“Construction sign” means any commercial sign used to identify the architects, engineers, contractors or other individuals or firms involved with the construction of a building and announce the character of the building or the purpose for which the building is intended.

“Flashing sign” means any sign which contains an intermittent or flashing light source that has a strobe-like effect that may create any public safety risk with respect to nearby moving vehicles or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Excluded from the definition are public service and changing message center signs.

“Freestanding sign” means any sign which is supported by one or more uprights, poles or braces in or upon the ground.

“Garage sale signs” (i.e., yard sales, moving sales, patio sales) means commercial temporary signs used to announce a sale of used items at a location within a residential zone not normally involving commercial activities.

“Grade” means the elevation or level of the street closest to the sign to which reference is made, as measured from the street’s centerline, or the relative ground level in the immediate vicinity of the sign.

“Grand opening displays” means commercial temporary signs, posters, banners, strings of lights, clusters of flags, balloons and searchlights used to announce the opening of a completely new enterprise or the opening of an enterprise under new management.

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

“Illuminated electronic sign” means a sign on which differing copy is shown through an illuminated electronic or electrically controlled device, which may also display time and temperature or other messages. For the purposes of this chapter, such signs shall be regulated based on their applicable sign type, i.e., freestanding sign, wall sign, monument sign, etc.

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

“Legal nonconforming sign” means a sign which:

1. On the effective date of the ordinance codified in this chapter was lawfully maintained and had been lawfully erected in accordance with the provisions of any prior sign ordinance or code but which sign does not conform to the applicable limitations established by this chapter; or

2. On or after the effective date of the ordinance codified in this chapter was lawfully maintained and erected in accordance with the provisions of this chapter but which sign, by reason of amendment of the ordinance codified in this chapter after the effective date thereof, does not conform to the applicable limitations established by the amendment of this chapter.

“Marquee” means a permanent roofed structure attached to and supported by the building and projecting over public property.

“Marquee sign” means any sign attached to or supported by a marquee.

“Monument sign” means a ground-mounted sign which is higher than three feet above the average ground elevation and which is attached to the ground by means of a wide base of solid appearance and sturdy construction.

“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 which shares the access and/or parking facilities.

“Multiple-occupancy building” means a single structure housing more than one retail business, office or commercial venture.

“Off-premises sign” means a sign that directs attention to a business, commodity, service, entertainment, or event conducted, sold, or offered at a location other than the premises on which the sign is located.

“Portable (mobile) sign” means a sign made of any material, which by its design is readily movable and is equipped with wheels, casters or rollers or which is not permanently affixed to the ground, structure or building. (Also includes sidewalk or sandwich board signs, and signs mounted on the tops of vehicles.)

“Projecting sign” means a sign other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign.

“Public service sign” means an electronically or electrically controlled public service sign or portion of a larger sign which conveys only information such as time, date, temperature, atmospheric condition or general news information where different alternating copy changes are shown on the same lamp bank matrix.

“Real estate or property for sale, rental or lease sign” means any commercial temporary sign pertaining to the sale, lease or rental of land or buildings.

“Roof sign” means any sign erected upon, against or directly above a roof or on top of or above the parapet of a building.

“Searchlight” means an apparatus containing an electric light or reflector on a swivel for projecting a far-reaching beam in any desired direction.

Shopping Center. See “multiple-building complex” above.

“Sign area” means the entire area of any type of sign on which copy is to be placed. Only one side of a double-faced sign shall be included. The area of painted signs, individual letter signs, and other indirectly illuminated signs shall be calculated on the basis of the smallest rectangle, circle or spherical figure that will enclose the entire copy area of the sign. Any such calculation shall include the areas between letters and lines, as well as the areas of any devices, illuminated or nonilluminated, which are intended to attract attention.

“Structural alteration” means any action that changes the height, size, shape of the sign or any action that affects the base or support(s) of the sign.

“Temporary sign” means any sign, banner, pennant, valance, flags (not intended to include flags of any nation, state, city or other governmental agency, or nonprofit organization), searchlights, balloons or other air- or gas-filled figures or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other similar light-weight materials, with or without frame, designed or intended to be displayed for a limited period of time only. Different types of temporary signs included in this category are construction, grand opening displays, real estate, advertising banners, and garage sale signs.

“Wall” means any member or group of members, which defines the exterior boundaries of a building and which has a slope of 60 degrees or greater with the horizontal plane. The height of a wall shall be measured as the two-dimensional height from the average finish grade of the particular architectural building elevation adjacent to the wall to the finish roof plane.

“Wall sign” means any sign attached to or painted directly on the wall or erected against the wall of a building being parallel or approximately parallel to said wall, and does not exceed a distance of 15 inches from said wall. [Ord. 2018-2 § 2, 2018; Ord. 2119 § 1, 2005.]

15.36.030 Permits and fees required.

A. Contractor’s License – Exception. No sign permit shall be issued unless the sign installer has a valid Washington State contractor’s license and current City of Sunnyside business license; provided, however, an applicant may obtain a permit to install a sign on the applicant’s own property without a State license.

B. Permit – Requirements. No sign governed by the provisions of this code shall be erected, structurally altered or relocated by any person, firm or corporation after December 31, 2005, without a permit issued by the City (with the exceptions as noted). No new permit is required for signs which have permits and which conform to the requirements of this code existing as of December 31, 2005, unless and until the sign is structurally altered or relocated.

C. Permit – Applications.

1. All signs regulated by this chapter shall require issuance of a sign permit by the administrator; provided, that signs that meet the definition of “temporary signs” under this chapter do not require issuance of a sign permit.

2. Applications for permits shall contain the name and address of the owner and user of the sign, the name and address of the owner of the property on which the sign is to be located, the location of the sign structure, drawings or photographs showing the design and dimensions of the sign and details of its proposed placement and such other pertinent information as the administrator may require. Applications for permits for noncommercial signs need only reveal the content or message of the sign for purposes of ensuring that such content is not in violation of any State or federal law.

3. Sign permits shall be issued or denied no later than two weeks from the date of a complete application, unless other reviews or permit procedures such as variance requests or conditional use permits are required.

D. Fee Schedule. Fees for sign permits shall be established by resolution of the City Council.

E. Exemptions. The following signs do not require a sign permit, nor shall the area and number of such signs be included in the area and number of signs permitted for any site or use. This shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance and its compliance with the provisions of this chapter or any other law or ordinance, including but not limited to height restrictions, intersection visibility requirements, and construction requirements.

1. The flag, emblem or insignia of a nation or other governmental unit or nonprofit organization subject to the guidelines concerning their use set forth by the government or organization which they represent.

2. Memorial signs or tablets (which signs or tablets dedicate the building or property to the memory or recognition of persons or other entities), names of building, stained glass windows and dates of erection when cut into the surface or the facade of the building or when projecting not more than two inches.

3. Traffic or other municipal signs, signs required by law or emergency, railroad crossing signs, and legal notices, and any temporary noncommercial signs as may be authorized by the City Council.

4. Signs of public utility companies indicating danger or which serve as an aid to public safety or which show the location of underground facilities or of public telephones.

5. Flush-mounted wall signs used to identify the name and address of the occupant for each dwelling provided the sign does not exceed two square feet in sign area.

6. Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, which signs are designed and located to be viewed exclusively by patrons of such use or uses.

7. One bulletin board not over 50 square feet in sign area for each public, charitable or religious institution where the same is located on the premises of such institution.

8. Decorations. Such signs in the nature of decoration, clearly incidental and customary and commonly associated with any national, local or religious holiday.

9. Painting, repainting or cleaning of a sign’s structure or the changing of the copy or message thereon shall not be considered an erection or alteration which requires a sign permit unless a structural change is made.

10. Sculptures, fountains, mosaics and design features which do not incorporate advertising or identification of any product or business.

11. “No trespassing,” “no dumping,” “no parking,” “private,” signs identifying essential public needs such as restrooms, entrance, exit, telephone, and other informational warning signs, which do not exceed four square feet in surface area.

12. Directional signs erected by the City on public streets directing the public to emergency, public, civic or nonprofit facilities. Such signs may have an arrow and the type of service available. Such signs shall not exceed four square feet. [Ord. 2018-2 § 3, 2018; Ord. 2119 § 1, 2005.]

15.36.040 Prohibited signs.

Prohibited signs are subject to removal (except legal nonconforming signs as defined in this chapter) by the City at the owner’s or user’s expense. The following signs or displays are prohibited:

A. Roof signs; provided, however, that the administrator may grant a variance if no other sign location is available;

B. Flashing signs only as defined within this chapter;

C. Portable signs, except as provided under temporary signs;

D. Signs which purport to be, or are, an imitation of or resemble an official traffic sign or signal, or which bear the words “stop,” “caution,” “danger,” “warning,” or similar words;

E. Signs which, by reason of their size, location, movement, content, coloring or manner of illumination, may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency or radio equipment vehicle; or which obstruct the visibility of traffic or street sign or signal device;

F. Signs which are located upon or projecting over public streets, sidewalks, or rights-of-way, except as provided for awnings and marquees in SMC 15.36.130;

G. Signs attached to utility poles;

H. Off-premises signs, except as provided in SMC 15.36.050;

I. Temporary signs, including but not limited to posters, banners, pennants, except as provided in temporary signs in SMC 15.36.060;

J. Strings of banners, pennants, and other graffiti-like material; and

K. Advertising vehicles. [Ord. 2018-2 § 4, 2018; Ord. 2119 § 1, 2005.]

15.36.045 Prohibited signs – Outdoor advertising – Alcoholic beverages.

No outdoor advertising of alcoholic beverages shall be placed so as to be visible from any public park, public playfield, playfield used primarily by minors, day care center, or any school property. No outdoor advertising of alcoholic beverages shall be placed so as to be visible from any church property where the administrative body of such church files written objection to such placement with the administrator. Upon receipt of any such written objection, the administrator shall provide a copy to the business or person displaying such advertising, and the person or business displaying such advertising shall immediately remove such advertising. [Ord. 2119 § 1, 2005.]

15.36.050 Off-premises signs.

A. Permit Required. No off-premises sign will be allowed except upon issuance of a permit subject to the following:

1. No off-premises sign shall be allowed except upon issuance of a permit by the administrator pursuant to SMC 15.36.030. There is no entitlement to issuance of a permit, and the administrator may permit, modify or deny any application for permit after consideration of the following factors: (a) the size, height and location of the sign; (b) location of other signs within 500 feet radius of the sign; (c) obstruction of traffic safety and public safety signs and markings caused by the proposed sign; (d) obstruction of other business frontages and on-premises signs within 500 feet radius; (e) adjoining property uses; (f) proximity to residential areas; (g) lighting and means of illumination, if any; (h) aesthetic considerations, including but not limited to prevention of visual clutter and visual confusion; (i) zoning; and (j) such other factors as warranted.

No off-premises sign shall exceed 200 square feet on a single face, nor exceed the height limitation of the applicable zone, nor be located within 1,000 feet of any other off-premises sign, unless the administrator specifically finds and determines in writing that such larger sign will not be detrimental to the corridor, its businesses, surrounding uses, and the factors listed above. The administrator may impose conditions on and for any permit to mitigate any of the factors described above, and may require bonding or other security for maintenance and repair of the off-premises sign and the sign site.

B. Designated Entryways – Off-Premises Signs Prohibited – Amortization. No new off-premises sign shall be allowed within those areas established as “designated entryways” into the City. The designated entryways are:

1. Yakima Valley Highway – West Entry. That portion of Yakima Valley Highway, plus 200 feet on each side of such right-of-way, extending east from the westerly City limits to North First Street.

2. Waneta Interchange – South Entry. That portion of State Route 241 (Waneta), plus 200 feet on each side of such right-of-way, extending north from the southerly City limits to Yakima Valley Highway.

3. Midvale Road – South First Street. That portion of Midvale Road – South First Street, plus 200 feet on each side of such right-of-way, extending north from Alexander Road to East Lincoln Avenue.

Notwithstanding the provisions of SMC 15.36.190, off-premises signs within the designated entryways, or any off-premises sign within any such designated entryway for which an off-premises sign permit was issued or authorized by conditional use permit prior to the effective date of this code, may remain for nine years after the effective date of this code. Thereafter, such off-premises sign must be removed or otherwise brought into conformity with this code with a permit obtained therefor. Nothing in this section shall relieve the owner or user of such sign or owner of property on which the sign is located from the provisions of this code regarding safety, maintenance and repair of signs or from the provisions and conditions of any applicable conditional use permit. [Ord. 2119 § 1, 2005.]

15.36.060 Temporary signs.

Temporary signs may be allowed unless the use for which the sign is intended ceases to exist, in which case the temporary sign must be removed within 15 days of the time that the intended use ceases to exist. Temporary signs that are not removed within 15 days after the intended use ceases to exist shall be considered abandoned, and may be removed by the City and the reasonable cost of removal shall be the responsibility of the person or entity originally responsible for placement of the sign.

The following signs are classified as temporary (nonpermanent). The following temporary signs are permitted subject to the applicable limitations:

A. Construction Signs. No permit required. Such signs may be displayed only after a building permit is obtained and during the period of construction on the construction site. Only one such sign is permitted per construction project for each public street upon which the project fronts. The applicable limits are as follows:

1. In all zones other than low-density residential zones (R-1 and URA zones), no construction sign shall exceed 32 square feet in sign area (printed copy on one side only) or 10 feet in height, nor be located closer than 10 feet from the property line or closer than 30 feet from the property line of the abutting owner.

2. In low-density residential zones (R-1 and URA), no construction sign shall exceed 32 square feet in sign area (printed copy on one side only) or 10 feet in height, nor be located closer than 10 feet from the property line of the abutting owner.

B. Grand Opening Displays – Permit Required. Such temporary signs, posters, banners, strings of lights, clusters of flags, balloons or other air- or gas-filled figures, and searchlights are permitted on premises only and for a period of 30 days only to announce the opening of a completely new enterprise or the opening of an enterprise under new management. Sandwich board signs are permitted, provided each side does not exceed two and one-half feet by four feet. All such materials shall be removed immediately upon the expiration of 30 days. Searchlights may be permitted by any business or enterprise, provided the beam of light does not flash against any building or does not sweep an arc of more than 45 degrees from vertical.

C. Special Event Signs for Businesses and Organizations. Permit required. Such temporary signs may be placed on premises only and shall not be larger than 32 square feet in total combined. Sandwich board signs are permitted, provided each side does not exceed two and one-half feet by four feet. Said signs shall not be posted or attached to telephone poles, power poles or other public utility facilities. Such signs may be permitted, on premises only, and for a period of 14 days only. The business owner or organization for which the sign is displayed shall be responsible for its removal and subject to the penalties as provided in this code. Searchlights may be permitted by any business or enterprise, provided the beam of light does not flash against any building or does not sweep an arc of more than 45 degrees from vertical.

D. Real Estate Signs. No permit required. All exterior real estate signs must be of wood or plastic or other durable material. The permitted signs, with applicable limits, are as follows:

1. Residential “for sale,” “open house” and “sold” signs: Such signs shall be limited to one sign per street frontage not to exceed six square feet in sign area, placed wholly on the property for sale, and not to exceed a height of seven feet.

2. Residential directional “open house” signs advertising residential developments within the City shall be permitted during daylight hours on weekends only and must be placed out of the way of pedestrian traffic.

3. Undeveloped commercial and industrial property “for sale or rent” signs: One sign per street frontage advertising undeveloped commercial and industrial property for sale or rent. The sign shall not exceed 32 square feet in sign area and 10 feet to top of sign.

4. Developed commercial and industrial property “for sale or rent” signs: One sign per street frontage advertising a commercial or industrial building for rent or sale is permitted while the building is actually for rent or sale. If one face of the building is less than 10 feet from the property line, the sign shall be placed on the building or in a window. The sign shall not exceed 10 feet to top of sign, if freestanding, and shall be located more than 15 feet from any abutting property line and any public right-of-way line. Such sign shall not exceed 32 square feet in sign area.

5. Undeveloped residential property “for sale” signs: One on-premises sign per street frontage advertising undeveloped residential property for sale is permitted, not exceeding 32 square feet in sign area. Such sign must be placed more than 30 feet from the abutting owner’s property line and may not exceed a height of 10 feet to top of sign.

E. Garage Sale (Yard Sales, Moving Sales, Patio Sales). Permission shall be obtained from the owner of each property where signs are located if not at the sale location. Said signs shall not be placed in any public right-of-way, on any public utility pole, sign post, traffic control sign or device, public structure or building, or shade tree. Each sign placed off the premises of the sale shall include the date(s) of the sale, written address of the location where the sale is conducted, and telephone number of the responsible person for such sale. No such sign shall exceed four square feet in sign area. The sign may be displayed only during the sale and must be removed the day the sale ends. The person or persons for whom the sign is displayed shall be responsible for its removal and subject to penalties as provided in this code. In addition to any remedy for violation of this code, any sign without the required information, in disrepair or in violation of the provisions regulating placement is subject to immediate removal by the City and no attempt will be made to notify the permit holder or property owner. Any sign not removed at the conclusion of the sale will be considered a separate violation.

F. Sandwich Board Signs. Permit required. Businesses that cater to pedestrians such as restaurants, retail businesses that sell clothing, gifts, accessories, small markets, or similar uses as determined by the administrator shall be allowed to have sandwich board signs. Such signs shall only be pedestrian-oriented in nature and each business will only be allowed a maximum of one sandwich board sign. Sandwich board signs are subject to the following conditions:

1. The area of the sandwich board shall not exceed six square feet per side in size and shall not be wider than two feet.

2. Sandwich boards shall be constructed out of materials able to withstand typical weather conditions, such as metal, finished wood, chalkboard, whiteboard or plastic. Sandwich boards shall be maintained in a legible and intact manner.

3. Sandwich boards may only be displayed during business hours. If business hours continue past daylight hours, precautions should be taken to place the sign in a location where it is readily visible after dark. Sandwich boards shall not be wired for lighting.

4. Sandwich boards advertising businesses with buildings directly adjacent to a public sidewalk may be located in front of the building in which the business is located.

5. Sandwich boards advertising businesses in multiple-occupancy buildings may be located no farther than 12 feet from the entrance of the business.

6. Sandwich boards shall not be placed in a location which is within the vision triangle or any location which will impede vehicular traffic. Further, such signs shall not be placed in a manner which will block or otherwise obstruct the safe use of sidewalks, building entrances or stairs by pedestrians, including pedestrians who are visually impaired or otherwise handicapped.

G. Window Signs. Any sign or group of signs placed in any window shall not cover more than 25 percent of the window and shall not obscure the visibility of any clerk or cashier position when viewed from outside the building frontage. All such signs shall be subject to and included in the calculation of total square footage of signs allowed pursuant to subsection (H) of this section.

H. Building Signs. Temporary signs placed upon a building shall not exceed five percent of the individual building face on the primary frontage or 32 square feet, whichever is less. No more than two temporary signs for a single intended use may be displayed at any one time by a single entity upon the same property.

I. Outdoor Commercial Signs. No permit required, but a signage plan for City review and approval will be required as part of the annual business license. The following requirements apply to placement and maintenance of outdoor commercial signs, including but not limited to banners and other temporary signs:

1. All temporary outdoor commercial signs shall be wall signs.

2. All temporary outdoor commercial signs shall be located on the primary frontage of the building. Any sign or group of signs placed in any window shall not cover more than 25 percent of the window and shall not obscure the visibility of any clerk or cashier position when viewed from outside the building frontage. All such signs shall be subject to and included in the calculation of total square footage of signs allowed pursuant to subsection (I)(3) of this section.

3. Temporary outdoor commercial signs shall not exceed five percent of the individual business building face on the primary frontage or 32 square feet, whichever is less. No more than two temporary outdoor commercial signs may be displayed at any one time by a single business.

J. Total Display Period. Any single business shall be permitted a total display period for temporary signs not to exceed 60 days in any one business license year, unless the product or service advertised is seasonal in availability or solely intended to promote specialty goods to attract tourism, in which case such sign may be permitted a total display of 60 days plus the length of such seasonal availability or availability of such specialty goods. [Ord. 2018-2 § 5, 2018; Ord. 2190 § 2, 2008; Ord. 2137 § 1, 2006; Ord. 2119 § 1, 2005.]

15.36.070 Structural requirements.

The structure and erection of signs or flag poles within the City shall be governed by the currently adopted building codes. [Ord. 2119 § 1, 2005.]

15.36.080 Electrical requirements.

Electrical requirements for signs within the City shall be regulated by the Department of Labor and Industries. [Ord. 2119 § 1, 2005.]

15.36.090 Illumination limitations on electronic signs.

Illumination from any or upon any sign shall be shaded, shielded, directed or reduced so as to avoid undue brightness, glare or reflection of light on private or public property in the surrounding area and so as to avoid unreasonable distraction of pedestrians or motorists. “Undue brightness” is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street.

No sign may contain or utilize any of the following:

A. Any exposed incandescent lamp with a wattage in excess of 25 watts.

B. Any exposed incandescent lamp with an internal or external reflector.

C. Any continuous or sequential flashing operation.

D. Except for changing message centers, any incandescent lamp inside internally lighted signs.

E. External light sources directed towards or shining on vehicular or pedestrian traffic or on a street.

F. Internally lighted signs using 800-milliamp ballasts if the lamps are spaced closer than 12 inches on center.

G. Internally lighted signs using 425-milliamp ballasts if the lamps are spaced closer than six inches on center. [Ord. 2018-2 § 6, 2018; Ord. 2119 § 1, 2005.]

15.36.100 Maintenance.

All signs, including signs heretofore installed, shall be constantly maintained in a state of security, safety, appearance and repair. If any sign is found not to be so maintained or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is erected to repair or remove the sign within 15 days after receiving notice of the Building Official. Such time for removal may be shortened by the Building Official if the Building Official determines that a shorter period is necessary to prevent injury or property damage. The premises surrounding a freestanding sign shall be free and clear of rubbish and the landscaping area maintained in a tidy manner.

In the event a business ceases operations and vacates the business premises, the owner shall remove all signs advertising the business from the business premises, including wall signs and signs painted on any face of the business buildings. Such removal shall be accomplished within 30 days after the expiration of the then-current City business license. Any such sign not removed shall constitute an illegal sign subject to the remedies in this chapter. [Ord. 2119 § 1, 2005.]

15.36.110 Inspection.

All sign users shall permit periodic inspection of their sign by the City upon City request. [Ord. 2119 § 1, 2005.]

15.36.120 Buildings facing on two parallel streets or corner.

A. Single- or multiple-occupancy buildings whose premises extend through a block to face onto parallel street with customer entrances on each street are permitted signs per street frontage per SMC 15.36.150; provided, however, that each sign is located on different frontages.

B. Signage for buildings located on corner streets shall be permitted 150 percent of the allowed sign area, per SMC 15.36.200, with a maximum 100 percent of area on one street frontage, and the remainder of allowed sign area on the other street frontage. Signage for buildings located on lots with frontage on three sides shall be permitted 200 percent of the allowed sign area, with a maximum of 100 percent of area on one street frontage, and the remainder of the allowed sign area on the other frontages. [Ord. 2119 § 1, 2005.]

15.36.130 Signage on awnings and marquees.

Signage will be allowed on awnings and marquees in commercial and industrial zones of the City. Such signage shall be limited to 60 percent coverage of the face of the awning or marquee or one square foot for each lineal foot of the front of the marquee, whichever is less. The signage area shall be calculated on the basis of the smallest rectangle, circle or spherical figure that will enclose the entire copy area of the sign. Any such calculations shall include the areas between letters and lines as well as the areas of any devices which are intended to attract attention. Signage area shall be included in the overall calculation of total allowable for the building. [Ord. 2119 § 1, 2005.]

15.36.140 District regulations.

A. Size and Type.

1. Home Occupations. Home occupation signs relate to “home occupation” as defined in SMC Title 17, Zoning Code. The sign shall be wall-mounted and shall not exceed four square feet in area, and cannot be internally illuminated, but may be indirectly illuminated.

2. Residential Subdivisions. Two signs identifying a subdivision may be permitted per entrance from an access street, provided said signs do not exceed 18 square feet in sign area each and five feet in height. Such signs can be monument, freestanding or fence-mounted.

3. Multifamily Complex. Each multifamily complex is permitted two signs per entrance from an access street identifying the complex, provided said signs do not exceed 18 square feet in sign area each and five feet in height.

4. Commercial, Industrial and Public Uses.

a. Each single-occupancy building not in a multiple-building complex is permitted one monument or freestanding sign per SMC 15.36.200 and one of any of the following signs: awning, marquee or wall per SMC 15.36.200.

b. Each multiple-occupancy building not in a multiple-building complex is permitted one monument or freestanding sign, plus one wall sign, awning or marquee for primary exterior entrance as provided in SMC 15.36.200.

c. Each building within a multiple-building complex is permitted one monument or freestanding sign per building, plus one wall sign for primary exterior entrance as provided in SMC 15.36.200.

d. Each multiple-building complex is permitted two monument or freestanding signs per entrance per SMC 15.36.200.

B. Location. Freestanding signs may be permitted anywhere on the premises except for within the sight triangle established by the Building Official pursuant to SMC 12.28.090. Monument signs can be located adjacent to property lines but not within the sight triangle established by the Building Official. Directory-type signs not to exceed six square feet in height are permitted only within multiple-building complexes such as business parks and governmental centers as an aid in customer orientation.

C. Wall Signs. The surface area of any building-mounted sign or canopy-mounted sign shall not exceed the figures derived from SMC 15.36.200.

D. Illumination. Illumination, if used, shall not be in violation of the limitations in SMC 15.36.090. Light rays shall shine only upon the sign or upon the property within the premises and shall not spill over the property lines, in any direction, except by indirect reflection.

E. Corner Signs. Corner signs shall be permitted subject to the following criteria:

1. If corner parcel with two street frontages and entrances on both streets and multiple-building complex, a monument sign placed at the corner of the property can be a two- or -three-faced sign; or

2. If corner parcel with two street frontages and entrances on both streets and multiple-building complex, regular monument signs are permitted at each entrance, subject to appropriate sight triangle established by the by the Building Official pursuant to SMC 12.28.090. [Ord. 2119 § 1, 2005.]

15.36.150 Off-site banners – Community events.

A. Banner installations shall be allowed at designated streets or designated poles as approved by the City.

B. Written requests for the use of the banner locations shall be submitted to the City Planning and Community Development Department using the form provided by the City. The request shall include pertinent information such as the length of time the banner is to be hung, a description of the banner, who will install the banner, a contact person responsible for the banner and phone number of that person.

C. Banners shall be used to advertise community events, and not for commercial advertising. No requests shall be approved for banners advertising the following types of events:

1. Commercial product sales or events.

D. Installation of banners shall be scheduled on a first-come, first-served basis. Requests must be received three weeks prior to the date the banners will be installed. Banners shall be limited to a maximum of four weeks beginning on a Monday.

E. City staff will schedule the banner for the requested time, provided there has not been prior written application for the same dates.

F. Installation and removal of the banners shall be the sole responsibility of the applicant. Arrangements by the applicant must be made for the installation and removal of the banner by the installer, as approved by the City.

G. Installation and removal of banner shall be coordinated with other applicants.

H. Banners shall be no larger than 30 feet in width and no larger than three and one-half feet in height. The message shall appear on both sides of the banner, unless the approved display area is on a wall or other similar display area. No greater than 15 percent of the sign area, per side, may include advertisement of the sign sponsor(s).

I. Banner shall be designed and installed in accordance with guidelines prepared by the administrator.

J. The applicant shall repair or remove their banner when notified by the administrator that the banner may pose a danger to public safety due to banner deterioration. If the applicant fails to remove the banner within 24 hours, or such other time determined necessary by the administrator, staff shall remove the banner or cause it to be removed, and will bill the applicant for the cost of removal. [Ord. 2018-2 § 7, 2018; Ord. 2119 § 1, 2005.]

15.36.160 Community signs.

A. A joint sign listing Sunnyside civic organizations may be installed as approved by the administrator.

B. Community events within the City sponsored by the City or a civic organization may be allowed on property owned by the City or civic organization; provided, that the sign is less than 20 square feet in area, is erected no earlier than four weeks prior to the advertised event and is removed within two days of the end of the event.

C. Signs located on the outfield fences of baseball fields owned and operated by civic organizations or the City are allowed; provided, that such signs are primarily oriented toward the ball field and are not intended to advertise off-site. [Ord. 2119 § 1, 2005.]

15.36.170 Variances.

Variances from provisions of this chapter may be granted by the administrator upon showing satisfactorily to the administrator that the variance is necessary to accommodate a reasonable need for signage that is denied or made impracticable by strict application of this chapter, as a result of conditions not the fault of the applicant, and that granting the variance will not be detrimental to surrounding property uses, and will not adversely affect public health, safety and welfare. Decisions of the administrator may be appealed to the City Council upon filing written notice of appeal within 14 days of issuance of the written decision of the administrator. [Ord. 2119 § 1, 2005.]

15.36.180 Nonconforming signs.

To ease the economic impact of this code on businesses with substantial investment in signs in existence on the date of adoption of this code, this section provides for continued use of such signs, subject to the provisions stated herein and below. Similar treatment is accorded signs in areas annexed to the City after the code’s enactment.

A. Loss of Permitted Nonconforming Status. A nonconforming sign shall immediately lose its permitted nonconforming designation if:

1. The sign is altered in any way in structure or copy which tends to or makes the sign less in compliance with the requirements of this code; or

2. The sign is relocated to a position making it less in compliance with the requirements of this code;

3. The sign is replaced; or

4. Any new primary sign is erected or placed in connection with the enterprise using the nonconforming sign; or

5. The business which the sign advertises is sold or begins operation under new ownership.

B. Illegal Signs. Any illegal sign is a sign which does not comply with the requirements of this code within the City limits as they now or hereafter exist, and which is not eligible for a nonconforming sign permit pursuant to this section, may be immediately removed by the City if the sign is located on City property or right-of-way. The City may remove an illegal sign located on private property no less than 10 days following the mailing of notice to the property owner or person in charge of the premises that the sign is illegal and must be removed.

C. Exception – No Legal Pre-Existing Nonconforming Status for Temporary Signs. Notwithstanding the provisions stated above, any temporary sign defined in SMC 15.36.020 and/or regulated pursuant to SMC 15.36.060 shall not be deemed a permitted or legal pre-existing nonconforming use or sign and shall be subject to all applicable provisions of this code as and from January 1, 2006, the effective date of this chapter. There shall be no right to maintain or use temporary signs in violation of this chapter as and from the effective date of this chapter.

D. Nonconforming Sign Maintenance and Repair. Nothing in this section shall relieve the owner or user of a nonconforming sign or owner of property on which the nonconforming sign is located from the provisions of this code regarding safety, maintenance and repair of signs and from the provisions on prohibited signs; provided, however, that any repainting, cleaning or other normal maintenance or repair of the sign or sign structure shall not modify the structure or copy in any way which makes it less in compliance with the requirements of this code, or the sign will lose its permitted nonconforming status. [Ord. 2119 § 1, 2005.]

15.36.190 Removal of unlawful signs.

A. Any unlawful sign which has not been removed within 30 days, or such longer period as specifically provided in specific sections above, after notice of violation may be removed by the City and the costs charged to the violator. If removal costs have not been paid and the sign not reclaimed within 30 days of its removal by the City, the City may sell or otherwise dispose of the sign and may apply the proceeds toward costs of removal. Any proceeds in excess of costs of removal shall be paid to the owner of the sign.

B. Unlawful signs on public streets, sidewalks, rights-of-way, power poles, telephone poles, street signs, or other public property may be immediately removed by the City without prior notice. If no claim for possession of the removed sign is made within 30 days after removal, the City may dispose of the sign in any manner the City deems appropriate.

C. Any unlawful temporary or portable-type sign located on private property which has not been removed within 24 hours after notice of violation may be removed by the City. The sign may be reclaimed by the owner after a civil penalty of $100.00 has been paid. If the sign has not been reclaimed within 30 days of its removal by the City, the City may sell or otherwise dispose of the sign and apply the proceeds toward costs of the removal. Any proceeds in excess of costs of the removal shall be paid to the owner of the sign.

D. The City or any of its employees, elected officials, appointed officials, or agents shall not be liable for any damage to a sign when removed under this section. [Ord. 2119 § 1, 2005.]

15.36.200 Sign area – Square footage maximums.

A. Key Definitions. The following abbreviations in the following table have the following meanings:

1. “FS” means “freestanding sign.”

2. “MS” means “monument sign.”

3. “Bldg./gross floor area” means gross floor area of building used as business or, if no building is located on the subject property, the area of the subject property lot.

4. “Sign height” for freestanding signs means the height from mean ground level to the bottom of the sign. For monument signs, the “sign height” is measured from mean ground level to the top of the sign.

B. Limitations. The provisions relating to monument sign and freestanding sign are alternative provisions, meaning that a business may elect either the monument sign or the freestanding sign, but not both.

Bldg./Gross Floor Area

Sign Height

Sign Area (Per Side)

Property Line Setback

5,000 sq. ft. or less

FS – 8 ft.

FS – 20 sq. ft.

5 ft.

 

MS – 5 ft.

MS – 40 sq. ft.

 

5,001 – 10,000 sq. ft.

FS – 8 ft.

FS – 30 sq. ft.

5 ft.

 

MS – 5 ft.

MS – 50 sq. ft.

 

10,001 – 35,000 sq. ft.

FS – 10 ft.

FS – 35 sq. ft.

10 ft.

 

MS – 6 ft.

MS – 50 sq. ft.

 

Bldg./Gross Floor Area

Sign Height

Sign Area (Per Side)

Property Line Setback

35,001 – 60,000 sq. ft.

FS – 10 ft.

FS – 40 sq. ft.

10 ft.

 

MS – 6 ft.

MS – 72 sq. ft.

 

60,001 – 75,000 sq. ft.

FS – 15 ft.

FS – 75 sq. ft.

10 ft.

 

MS – 6 ft.

MS – 90 sq. ft.

 

75,001 – 100,000 sq. ft.

FS – 15 ft.

FS – 100 sq. ft.

15 ft.

 

MS – 6 ft.

MS – 120 sq. ft.

 

100,001+ sq. ft.

FS – 20 ft.

FS – 150 sq. ft.

15 ft.

 

MS – 6 ft.

MS – 120 sq. ft.

 

C. Additional Sign Area. In addition to the sign area defined above, additional sign area shall be allowed equal to one square foot for each lineal foot of frontage on the primary street frontage face of the building.

D. Flush-Mounted Wall Signs. One square foot for each lineal foot of store area (occupant) frontage (main point of entry). One identifier sign for businesses with a separate delivery access will be allowed, not to exceed two square feet. This sign area of this subsection is included within the total sign area described in the table above plus the additional defined in subsection (C) of this section.

E. Marquee Sign. One square foot for each lineal foot of the front of the marquee or 60 percent coverage of the face of the marquee, whichever is less. This sign area of this subsection is included within the total sign area described in the table above plus the additional defined in subsection (C) of this section.

F. Awning. One square foot for each lineal foot of the front of the marquee or 60 percent coverage of the face of the marquee, whichever is less. This sign area of this subsection is included within the total sign area described in the table above plus the additional defined in subsection (C) of this section.

G. Signs on Windows. Any sign or group of signs placed in any window shall not cover more than 25 percent of the window, and shall not obscure the visibility of any clerk or cashier position when viewed from outside the building frontage. All such signs shall be subject to and included within the calculation of total square footage of signs allowed pursuant to the chart above.

H. Bonus Sign Area. Monument signs may be increased as follows:

1. Twenty percent when the sign for a multiple-occupancy building or multiple-building complex utilizes uniform coloring, material, and lettering for all establishments in the building or complex;

2. Ten percent when the sign is installed in a landscaped planter having an area four times the area of the sign.

I. Vacant Property – Other Property. For any vacant property, or for any property not otherwise regulated by this chapter, the total sign area for all signs shall not exceed 32 square feet upon such property and any structure on such property. [Ord. 2119 § 1, 2005.]

15.36.210 Grand opening/special event sign area.

Grand opening and special event sign area is as follows:

Bldg./Gross Floor Area

Sign Area

Property Line Setback

5,000 sq. ft. or less

16 sq. ft.

5 ft.

5,001 – 10,000 sq. ft.

20 sq. ft.

5 ft.

10,001 – 35,000 sq. ft.

25 sq. ft.

10 ft.

35,001 – 60,000 sq. ft.

30 sq. ft.

10 ft.

60,001 – 75,000 sq. ft.

40 sq. ft.

10 ft.

75,001 – 100,000 sq. ft.

50 sq. ft.

15 ft.

100,000+ sq. ft.

60 sq. ft.

15 ft.

[Ord. 2119 § 1, 2005.]

15.36.220 Administrator – Authority – Inspections.

The City Manager or his designee shall be authorized to administer and enforce the provisions of this chapter as the administrator. The administrator is empowered to enter or inspect any building, structure or premises in the City, upon which or in connection with which a sign, as defined by this code, is located, for the purpose of inspection of the sign, its structural and electronic connections and to ensure compliance with the provisions of this code. Such inspections shall be carried out during business hours unless an emergency exists. [Ord. 2119 § 1, 2005.]

15.36.230 More restrictive provision to apply.

Whenever two provisions of this code overlap or conflict with regard to the size or placement of a sign, the more restrictive provision shall apply. [Ord. 2119 § 1, 2005.]

15.36.240 Conflict and severability.

If any provision of this code is found to be in conflict with any other provision of any zoning, building, fire, safety, or health ordinance or code of the City, the provision which establishes the higher standard shall prevail. [Ord. 2119 § 1, 2005.]

15.36.250 Violation – Penalty.

A. Violation of the provisions of this code or failure to comply with any of its requirements shall constitute a misdemeanor; such violation shall be punished as provided in SMC 1.16.010. Each day such violation continues shall be considered a separate offense.

B. The erector, owner or user of an unlawful sign or the owner of the property on which an unlawful sign is located and maintains such violation, may each be found guilty of a separate offense and suffer the penalties as provided in subsection (A) of this section. [Ord. 2119 § 1, 2005.]