Chapter 25.116 SIGN CODE

It is the purpose of this chapter to make DuPont a place to work, live and play by: encouraging a strong, stable, and vibrant business district; attracting new businesses and supporting existing businesses; maximizing efficiencies in the permitting process; safeguarding the public health, safety and welfare by providing minimum standards for the size, number, location, and maintenance of all signs and sign structures and preventing excessive and confusing signs that adversely affect business vitality and pedestrian and vehicular traffic safety; preserving the right of free speech exercised through the use of signs containing noncommercial messages; and protecting the city’s economic base and the ability of businesses, civic, philanthropic, educational, and religious organizations to properly advertise. (Ord. 13-949 § 2)

25.116.030 Applicability.

In order to be placed within the city of DuPont, a sign must be expressly allowed or expressly exempt from regulation by the DuPont sign code. All signs that are not expressly permitted by or expressly exempt from regulation under this sign code, or other applicable provisions of the DuPont Municipal Code, in addition to those signs listed as expressly prohibited in this sign code, are prohibited in the city. All signs that are permitted pursuant to the sign code, or other applicable provisions of the DuPont Municipal Code, shall be erected, placed, established, painted, created, or maintained in the city only in conformance with this sign code. (Ord. 13-949 § 2)

Article II. Sign Regulations

25.116.040 Signs in public rights-of-way.

No sign shall be located in, project over, or encroach any public right-of-way unless the placement of such sign in the public right-of-way is specifically authorized by law. Any sign located in a public right-of-way that is not specifically authorized by law may be removed by the city without notice. (Ord. 13-949 § 2)

25.116.050 Signs interfering with sight distance.

(1) No sign shall be designed, constructed, or located such that it interferes with the sight distance of pedestrians or motorists proceeding on or approaching on public streets, intersections, alleys, driveways, parking areas, sidewalks or pedestrian ways; and

(2) All signs erected shall comply with the sight distance requirements as set forth in DMC 25.110.010. (Ord. 13-949 § 2)

25.116.060 Computation of sign area.

(1) For the purpose of measurement, the area of a sign whose individual letters or graphic components are painted on, attached to, or inscribed into a building surface shall be that of the smallest circle, triangle, or rectangle that will encompass the letters, graphics, or borders, if any; and

(2) The area of a projecting, suspended, or freestanding sign shall be that of the entire surface of each face, excluding supports not constituting part of the sign face itself, except that the area of signs repeated on opposite sides of a face shall only be counted once. (Ord. 13-949 § 2)

25.116.070 International Building and Electrical Codes.

All signs shall be designed, constructed and maintained in accordance with the applicable provisions of the State Building Code, as such are adopted and/or hereafter amended by the city of DuPont in DMC 12.03.020 or otherwise. (Ord. 13-949 § 2)

25.116.080 Content neutrality as to the sign message.

No sign or sign structure shall be exempt from or subject to any limitation based upon disapproval or approval of the viewpoint of the message(s) contained on such sign or displayed on such sign structure. (Ord. 13-949 § 2)

25.116.090 Highway Advertising Control Act.

Any sign that can be viewed from Interstate 5 shall comply with the Highway Advertising Control Act, as administered by Washington State Department of Transportation. (Ord. 13-949 § 2)

25.116.100 Prohibited signs.

The following signs are prohibited within the city of DuPont, except as specifically and expressly authorized elsewhere by this sign code:

(1) Any sign with content or subject matter that constitutes obscenity as defined by law;

(2) Any sign affixed to a utility pole, whether located on private property or within the public right-of-way, except as expressly permitted by the utility pole owner pursuant to RCW 70.54.090;

(3) Any sign determined by the city to constitute a traffic hazard or detriment to traffic safety by reason of its size, location, movement, content, coloring or method of illumination, or by obstructing the vision of drivers, or by obstructing or detracting from the visibility of any official traffic control device by diverting or tending to divert the attention of pedestrians or drivers from traffic movement on streets, roads, intersections, or access facilities; no sign shall be erected so that it obstructs the vision of pedestrians; flashing or revolving red, green, blue or amber lights shall be prohibited on any sign; any sign which by glare or method of illumination constitutes a hazard to traffic is prohibited; no sign may use the words “Stop,” “Look,” “Danger,” or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse pedestrians or drivers;

(4) Any sign or portion of a sign placed so that it: obstructs any fire escape, stairway, or standpipe; interferes with exits through any window; obstructs any door or required exit from any building; or obstructs any required light or ventilation;

(5) Roof signs;

(6) Signs identifying or advertising home occupations;

(7) Billboards;

(8) Inflated signs;

(9) Illuminated signs that produce off-site glare onto residences;

(10) Benches on public sidewalks containing advertising matter; provided, however, signs advertising a public transit authority may be placed on benches at bus stops;

(11) Signs which are pasted or attached to trees, fences, other signs, rocks or natural features;

(12) Flashing signs;

(13) Signs encroaching upon or overhanging public right-of-way, except as allowed by this sign code. No sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way, except as allowed by RCW 70.54.090 or other law;

(14) Any sign or device, including beacons, searchlights, spotlights and holograms, which contains or is illuminated by flashing, chasing, or intermittent effects, and/or signs that have any movement or are animated;

(15) Any sign that revolves or gives the impression of movement through the manipulation of lights, except a time and temperature unit or changeable message center, which is part of a sign;

(16) Signs attached to, or placed on, a vehicle or trailer parked on private or public property, except for signs meeting the following conditions:

(a) The primary purpose of such vehicle or trailer is not the display of signs, and

(b) The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate. (Ord. 13-949 § 2)

25.116.110 Permit-exempt signs and displays.

The following signs and actions shall not require a DuPont sign permit approval provided the sign complies with the requirement(s) listed for the respective sign, except official public signs per subsection (1) of this section may include sign types and configurations that would otherwise be prohibited or not allowed under this chapter at the discretion of the director:

(1) Official public signs, including but not limited to: directional, warning, identification, facility, recreation, event or information signs, or signs authorized or required by federal, state, or municipal governments, including traffic or pedestrian control/direction signs;

(2) Official notices authorized by a court, public body, or public safety official;

(3) Religious symbols and seasonal decorations within the appropriate holiday season;

(4) Use of signs during picketing and lawful assembly;

(5) Changing of the advertising copy of a sign that has a valid permit. Any structural changes to the sign shall require a permit;

(6) Signs on private property relating to trespassing, no hunting, household pets, etc., not exceeding two square feet in area;

(7) Signs not visible or intended to be viewed from a public or pedestrian right-of-way;

(8) Window merchandise displays;

(9) Window signs;

(10) Banners, streamers, pendants, balloons, strings of lights and/or decorations attached to merchandise or temporarily displayed as part of a special sale, promotion or community event;

(11) Point of purchase advertising displays located on private property, such as product dispensers and candy machines;

(12) National flags, flags of political subdivisions, or symbolic flags of a noncommercial institution;

(13) Plaques, tablets or inscriptions indicating the name of a building, its date of erection, or other commemorative information, which are an integral part of the building’s structure or are attached flat to the face of the building, which are nonilluminated, and which do not exceed three square feet in area;

(14) Sculptures, fountains, mosaics, murals and design features which do not incorporate advertising or identifications;

(15) Signs of a public utility providing information, directions or warnings to the general public regarding its poles, lines, pipes or similar facilities;

(16) Signs that are part of an accessory to public bus and transit shelters that provide information to the general public regarding public transit schedules and routes, and that also may include public service announcements and product or service advertisements;

(17) Structures intended for a separate use, such as public phone booths, public donation and recycling containers; or sign graphics attached directly to a licensed motor vehicle, licensed boat, licensed trailer, or licensed container operating in the normal course of business;

(18) Barber poles not exceeding four feet in length;

(19) Signs stating business hours erected on private property. These signs shall not contain advertising or promotional information and shall not exceed a sign area of four square feet;

(20) Signs not legible from a distance of more than eight feet from a property line abutting a public right-of-way;

(21) One nameplate/street address identification per street frontage;

(22) Signs regulating the use of publicly owned parks and recreation facilities when authorized by the city;

(23) Incidental signs not exceeding two square feet in area. Said signs may bear the name, address and phone number of a towing company responsible for impounding violators;

(24) Temporary Political Sign.

(a) Temporary political signs, including the campaign of a person for public office and campaign for an initiative, referendum or other public ballot, may be displayed on private property or public right-of-way; and

(b) Temporary political signs shall not be placed on private property without permission of the property owner; and

(i) The sign is no taller than 36 inches when displayed and no larger than six square feet in area per sign; and

(ii) The sign shall be located in the public right-of-way between the front property line and the curb; and

(iii) Temporary political signs are prohibited in a public drive aisle, public parking aisle, public intersection, public median, or a sight triangle as determined by DMC 25.110.010; and

(iv) Temporary political signs shall not be attached to a utility pole, traffic sign, or street sign, unless specifically authorized by the owner of the utility pole or traffic/street sign; and

(v) Temporary political signs shall not present a safety hazard to pedestrian or vehicular traffic, as determined by the city, or violate city code; and

(d) If related to an election, the temporary political sign shall be removed within five working days following an election, except that the signs of a candidate who is successful in a primary election may remain until five days after the final election; and

(e) The person posting the sign shall be responsible for removing it; and

(f) Temporary political signs shall not be illuminated; and

(g) The city of DuPont may, without notice, remove any temporary political sign that is located in a public right-of-way and that violates this sign code; and

(h) There is no maximum number of temporary political signs;

(25) Service organizations that hold regular meetings in the city of DuPont may install one identification sign in city public rights-of-way at: Interstate 5 – Exit 118; Interstate 5 – Exit 119; Center Drive at DuPont Steilacoom Road; and DuPont Steilacoom Road at Station Drive. Said sign shall not exceed two square feet in size and shall be subject to all regulations regarding signs in public rights-of-way. (Ord. 24-1143 § 1; Ord. 13-949 § 2)

25.116.120 Permanent signs.

The following signs require a DuPont sign permit approval prior to installation and shall comply with the requirement(s) listed for the respective sign:

(1) Freestanding Sign. Freestanding signs are allowed only in the nonresidential zones and for conditional uses in the residential zones; shall be limited to a maximum height of six feet above grade; shall be set back a minimum of eight feet from the property line; shall be located outside any sight triangle as defined by DMC 25.110.010; shall be limited within the business and technology park, manufacturing and research park, and industrial land use districts to a maximum sign area of 60 square feet; shall be limited within other land use districts to a maximum sign area of 25 square feet if for a single business and a maximum of 40 square feet if for a multi-tenant business, and shall be externally illuminated. The sign shall be ground-related and permanent in appearance. Illuminated signs are prohibited in the residential zones unless permitted through the conditional use permit process or required by the city for public safety purposes.

(2) Building Mounted Sign in Historic Village Planning Area. Building mounted signs shall be located on the building entablature; shall not exceed 40 percent of the available entablature per each building elevation; and may be internally illuminated, externally illuminated or nonilluminated. Individual letters shall not exceed 12 inches in height. Building mounted signs facing Interstate 5 shall be no taller than 24 inches in height.

(3) Building Mounted Sign in DuPont Station and McNeil Station Planning Areas, and the Office Planning Areas. All building mounted signs shall be located on the building entablature; individual letters shall not exceed 14 inches in height; primary frontage sign area shall not exceed the lineal feet of business frontage times 0.6 square feet, provided every business shall be allowed a minimum of 15 square feet of sign area and a maximum of 120 square feet of sign area; secondary frontage sign area shall not exceed the lineal feet of business frontage times 0.4 square feet, provided every business shall be allowed a minimum of 15 square feet of sign area, a maximum of 80 square feet of sign area and may be internally illuminated, externally illuminated or nonilluminated. Building mounted signs facing Interstate 5 shall be no taller than 24 inches in height. Building mounted sign shall not exceed the height of the building face to which it is mounted, and no sign shall be placed on a building’s roof.

(4) Blade Signs in Barksdale Station, DuPont Station and McNeil Station Planning Areas. Blade signs project or are suspended rigid signs mounted perpendicular to the building facade intended for pedestrian use. Blade signs shall: be installed on the facade containing the business’s primary storefront entrance; shall be a minimum of two square feet and maximum of four square feet in area; shall provide eight feet vertical clearance between the bottom of the sign and the sidewalk; and shall contain only the logo, graphic and/or business name. Blade signs shall not be included in wall sign calculations. The owner of a blade sign as described in this section that projects into or is located in a public right-of-way shall provide the city a release of liability in a form reasonably acceptable to the city attorney prior to receiving approval of a sign permit application for such a sign.

(5) Projecting, suspended, marquee, and canopy signs shall maintain at least eight feet of vertical clearance from any sidewalk and shall not project over a driving or parking lane, except that the city reserves to itself the right to erect signs that project or suspend over any public right-of-way. The owner of a projecting suspended or marquee sign as described in this section that projects into or is located in a public right-of-way shall provide the city a release of liability in a form reasonably acceptable to the city attorney prior to receiving approval of a sign permit application for such a sign.

(6) Building Mounted Signs in Manufacturing and Research Park Zone, Business and Technology Zone and Industrial Zone Planning Areas. For building mounted signs, the primary frontage sign area shall not exceed the lineal feet of business frontage times 0.6 square feet, up to a maximum of the lesser of: (a) 350 square feet, or (b) the lineal distance between the sign and the boundary of the closest residential district times one square foot. Any secondary facade sign area shall not exceed the lineal feet of the width of that facade times 0.4 square feet, up to a maximum of 100 square feet. Signs shall be located on the building entablature, and may be internally illuminated, externally illuminated or nonilluminated. No sign shall be placed on a building’s roof.

(7) Village Monuments. An externally illuminated freestanding sign may be located at the primary vehicular entrance to a village. The term “village” shall be as defined by the DuPont comprehensive plan. The term “primary vehicular entrance” shall be as interpreted as the primary entrance point to the village as determined by traffic counts. There may be one sign per primary vehicular entrance. The sign shall be single sided, and shall not exceed 16 square feet in area and four and one-half feet in height. The monument base shall not be included in calculation of sign area. The sign and/or monument base shall be set back at least three feet from any curb and two feet from any sidewalk and outside any vision clearance triangle. Signs located within a public right-of-way shall be approved by the public works director. (Ord. 13-956 § 1; Ord. 13-949 § 2)

25.116.130 Temporary signs.

The following signs require a DuPont sign permit approval prior to installation and shall comply with the requirement(s) for the respective sign as listed below:

(1) Temporary signs shall not be placed on private property without permission of the property owner; and

(2) Temporary signs shall not be illuminated; and

(3) The person posting a temporary sign shall be responsible for removing it; and

(4) Temporary signs may be located in a public right-of-way provided:

(a) Temporary signs shall be no taller than 36 inches when displayed and no larger than six square feet in area per sign; and

(b) Temporary signs may be located only between a front property line abutting a public right-of-way (street) and the curb line; and

(c) Temporary signs shall not be located in a drive aisle, parking aisle, driveway, intersection, median, or a sight triangle as determined by DMC 25.110.010; and

(d) Temporary signs shall not be attached to a utility pole, traffic sign, or street sign, unless specifically authorized by the owner of the utility pole or traffic/street sign; and

(e) Temporary sign shall not present a safety hazard to pedestrian or vehicular traffic as determined by the city, or violate city code; and

(f) Temporary A-board signs shall be located only in the landscape strip, where a landscape strip exists, or in line with the street trees or against the building when in the DuPont Station planning area; and

(g) The owner of the sign submits a fully executed hold harmless agreement for said sign; and

(5) Specific Temporary Sign Requirements.

(a) Temporary A-frame Sign.

(i) One temporary A-frame sign per business may be displayed on the property of the business or in the abutting public right-of-way only when the business is open to the public, and shall comply with the requirements for temporary signs in the right-of-way per subsection (4) of this section; and

(ii) Temporary A-frame sign permit approval period is one calendar year.

(b) Temporary Real Estate Sign.

(i) One temporary real estate sign per property for sale or lease may be displayed on the property for sale or lease; and

(ii) Three temporary off-site real estate signs may be displayed in the public right-of-way to direct the public to the advertised property and shall comply with the requirements for temporary signs in the right-of-way per subsection (4) of this section; and

(iii) All off-site real estate signs shall be displayed only during the hours that a real estate or rental agent is present at the property and shall be promptly removed at the end of each business day; and

(iv) Temporary real estate sign permit approval period is one calendar year.

(i) One on-site temporary garage sale sign may be displayed on the advertised property; and

(ii) Three off-site garage sale signs may be displayed in a public right-of-way to direct the public to the advertised property and shall comply with the requirements for temporary signs in the right-of-way per subsection (4) of this section; and

(iii) Signs may be displayed 24 hours prior to the sale and shall be promptly removed at the end of the sale.

(d) Temporary Business Banner.

(i) One temporary business banner per business advertising event such as but not limited to a grand opening, new management, or new ownership may be installed on the building wall of the business; and

(ii) The temporary business banner shall be limited to a maximum of 30 consecutive days per event; and

(iii) Maximum banner size is limited to 24 square feet.

(e) Temporary Construction, Contractor Sign.

(i) One on-site temporary construction or contractor sign may be posted on an active construction site; and

(ii) The sign shall be removed following completion of the project; and

(iii) No temporary construction or contractor sign is allowed in a public right-of-way; and

(iv) Maximum sign size is limited to 32 square feet.

(f) Temporary Community-Wide Event Sign.

(i) Signs and banners for community-wide event may be located in public rights-of-way subject to obtaining a DuPont special event permit approval; and

(ii) Banners may be suspended over public rights-of-way at specific locations if safe pedestrian and vehicle circulation is provided; and

(iii) Signs and banners may be attached to the wall of a building if the property owner provides approval; and

(iv) There is no maximum number of signs and banners, and there is no maximum sign size, for community-wide events; and

(v) Temporary signs may be installed two weeks prior to the community event and shall be removed no later than one week after the event.

(g) Temporary Future Development Sign.

(i) One temporary future development sign per vacant property may be displayed on the property;

(ii) Temporary future development sign permit approval period is from issuance to when development of the property occurs.

(h) Temporary Charitable or Religious Organization Event Signs.

(i) One temporary sign advertising an event held by a charitable, nonprofit and/or religious organization may be displayed on the property that is the site of the event; and

(ii) Three off-site signs advertising an event held by a charitable, nonprofit and/or religious organization may be displayed in a public right-of-way to direct the public to the property that is the site of the event; provided, that the signs shall comply with the requirements for temporary signs in the right-of-way per subsection (4) of this section; and

(iii) Signs permitted under subsection (5)(h)(i) and (ii) of this section may be displayed 24 hours prior to the event and shall be promptly removed at the end of the event; and

(iv) Temporary charitable or religious organization event sign approval period is one calendar year. (Ord. 13-949 § 2)

Article III. Procedures

25.116.140 Approval required.

(1) Except as provided in DMC 25.116.110, it is unlawful for any person to erect, construct, enlarge, or move any sign in the city, or cause the same to be done, except where only the actual sign face or wording is changed, to include the change in business occupancy, repainted, cleaned, repaired or maintained without structural or size alterations, without first obtaining a sign permit application approval for each such sign from the administrator as required by this chapter.

(2) State electrical permits shall be obtained for all electric signs. Electrical permits are obtained from the Washington State Department of Labor and Industries.

(3) No approval for any sign shall be issued unless the sign complies with all requirements of this chapter and applicable regulations of the building code as adopted in DMC Title 12. (Ord. 13-949 § 2)

25.116.150 Administration and enforcement.

The administrator or his/her designee shall be responsible for administration of this chapter and is authorized to formulate procedures consistent with its intent and purpose.

(1) Removal of Signs. The city may require the removal of, or remove, any sign that is in violation of this chapter. Any sign located in the public right-of-way in violation of this chapter shall be subject to immediate removal without notice. Illegal signs in the public right-of-way shall not be stored and are subject to disposal by the city. Owner of illegal signs on private property shall receive either an oral or written notice, at the discretion of the city.

(2) First violation of this code will receive a verbal warning and no fine. Second violation will receive a letter from the city and a $100.00 fine. Third violation will receive a letter from the city and a $500.00 fine. Fourth violation will receive a letter from the city and a $1,000 fine.

(3) Civil Penalties. In addition to any other remedy available to the city, person violating or failing to comply with any provisions of this chapter shall be subject to the procedures for violation, hearing, and penalties as set forth in Chapter 25.185 DMC. (Ord. 13-949 § 2)

25.116.160 Sign permit application.

A valid sign permit application approval shall be obtained from the city prior to start of work on the sign.

(1) Permanent sign applications shall be processed with a Type I procedure per DMC 25.175.010(4) with a filing fee per DuPont fee schedule for city services.

(2) Temporary sign applications shall be processed with a Type I procedure per DMC 25.175.010(4) with a filing fee per DuPont fee schedule for city services.

(3) Applicants shall submit completed applications, together with a fee as established by resolution, to the city. Each sign application may include multiple signs, but shall be for only one business.

(4) Permit Application. The city shall establish, and may modify as necessary, the “DuPont Permanent Sign Permit Application” form and the “DuPont Temporary Sign Permit Application” and may establish a list of submittal requirements for each as necessary.

(5) The administrator shall determine whether the application is consistent with this chapter and approve, approve with conditions, or deny the application.

(6) Valid sign permits shall run with the business and are freely assignable. Sign permits shall lapse:

(a) Ninety days after written approval is granted unless acted upon by the applicant; or

(b) At such time as the activity to which the sign refers ceases for 45 days or more; or

(7) Administrative Adjustments. The administrator shall have the authority to grant or deny requests for adjustments to the provisions of this chapter whenever such provisions are unduly prohibitive to reasonable use of property as intended by this chapter. Said administrative adjustment shall be limited to the following adjustments:

(a) The administrator may grant an adjustment of no greater than 10 percent (rounded to the nearest foot or square foot); provided, that no increase in the number of signs shall be allowed;

(b) An adjustment shall not be materially detrimental to other properties or land uses in the surrounding area;

(c) The adjustment shall be consistent with the general purpose and intent of this chapter, the DuPont strategic plan and the DuPont comprehensive plan. (Ord. 13-949 § 2)

25.116.170 Time limitation.

Sign application approvals issued by the administrator expire by limitation and become null and void if the structure or work authorized by such approval is not commenced within 90 days from the date of the approval, or if the structure or work authorized by such approval is suspended or abandoned at any time after the work is commenced for a period of 90 days. (Ord. 13-949 § 2)

25.116.180 Extension of time limit.

The administrator may extend a sign application approval for a single period of up to 90 days from the date of expiration of the initial approval, if request for extension is made 30 days prior to the expiration date of the initial approval date. (Ord. 13-949 § 2)

25.116.190 Nonconforming signs.

(1) The provisions of this chapter do not apply to signs legally in existence on the effective date of the ordinance codified in this chapter; provided, that:

(a) The alteration, enlargement, installation or erection of signage shall not increase the degree of nonconformity;

(b) Enlargement or installation of any conforming signage shall be accompanied by a reduction in the degree of nonconformity for other signage existing on the premises. This reduction in nonconformity can be accomplished by a reduction in size of existing signs (if nonconforming as to square footage), removal (if nonconforming as to number of signs), relocation (if nonconforming as to location), or a combination of reduction, removal and relocation. The total cost of reduction, removal or relocation of nonconforming signage shall equal, as nearly as is practical, 75 percent of the value of the new or enlarged conforming signage, or the cost necessary to bring all signage on the premises into conformance with this chapter, whichever is the lesser requirement.

(2) Nonconforming Off-Premises Signs.

(a) Any person, firm, or corporation who maintains legal, nonconforming off-premises signs within the city of DuPont shall be authorized to maintain only that number of nonconforming off-premises signs that they maintained upon the date of adoption of the ordinance codified in this chapter. Said legal nonconforming signs may be repaired and/or replaced to their original condition, location, size, height and number of faces. If replaced, said legal nonconforming off-premises sign shall be replaced within 60 days of its removal.

(b) All legal nonconforming off-premises signs shall be properly maintained.

(3) Nonconforming provisions of this section do not apply to temporary signs or to illegal signs. (Ord. 13-949 § 2)

Article IV. Definitions

25.116.200 Definitions.

For the purposes of this chapter, certain words and phrases have the following meanings, unless the context otherwise indicates:

“Abandoned sign” means any sign pertaining to a business or occupant whose products or services or noncommercial messages have ceased to be offered to the public or ceased to be in effect on said premises for a period of more than 90 days.

“A-frame sign” means a portable sign consisting of two sign faces hinged at the top and separated at the bottom to make itself standing. Also referred to as a sandwich board sign, sidewalk sign or A-board sign.

“Animated sign” means any sign that flashes or simulates motion with an electronic or manufactured source of supply or contains wind-actuated motion, but not including flags or banners, revolving signs or changing message centers.

“Banner sign” means a sign made of cloth, fabric, paper, nonrigid plastic or similar types of material. National flags, flags of political subdivisions and symbolic flags of an institution or business (house flag) are not considered banner signs.

“Blade sign” means a sign suspended over a sidewalk or pedestrian way by attachment to the underside of a canopy, marquee, awning, or similar structure, perpendicular to the wall.

“Building official” means the city building official or designee.

“Building sign” means a sign attached to any part of a building, as contrasted with a freestanding sign. Printing on a canopy or awning is considered as a building sign.

“Canopy sign” means a sign that is a part of or attached to a freestanding, roof-like structure that provides protection from the elements in an outdoor service area.

“Changing message center” means an electronically or electrically controlled public service time, 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.

“Construction sign” means a sign that identifies the architect, engineers, contractors and other individuals or firms involved with the construction of a building, or announces the character of the building or enterprise, which is erected during the building construction period.

“Curb line” means the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the city public works director.

“Double-faced sign” means a sign with two faces.

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

“Electronic reader board sign” means any sign or portion of a sign that includes arrays of light bulbs or LEDs whose intent is the permanent or intermediate flashing, animation, or display of text, date, time and/or images.

“Establishment” means an economic unit, generally at a single physical location, where business is conducted or services or industrial operations are performed. This includes nonprofit and noncommercial operations.

“Facade” means the entire building front, or street wall face, including grade to the top of the parapet or eaves, and the entire width of the building elevation.

“Flashing sign” means a sign or portion thereof, which changes light intensity or switches on and off in a constant or random pattern and no more frequently than once every two seconds, or contains motion or the optical illusion of motion by use of electrical energy, including strobe lights in window displays. Changing message signs or time and temperature signs shall not be considered flashing signs; provided, they do not flash as defined herein.

Freestanding Sign. See definition in DMC 25.10.060.

Frontage, Street. See definition in DMC 25.10.190.

“Identification sign” means a sign containing the name of the business establishment, occupant of the building, and/or address of the premises.

Incidental Sign. See definition in DMC 25.10.090.

“Informational sign” means a sign intended to provide only noncommercial, site-specific environmental or interpretive information.

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

“International Codes” is as defined and adopted in DMC 12.03.020.

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

“Marquee sign” means any sign that forms part or is integrated into a marquee and does not extend horizontally beyond the limits of such marquee.

“Monument sign” means a freestanding sign that is not supported by poles and the bottom surface of the sign is in contact with the ground.

“Nonpolitical campaign sign” means a temporary sign for civic, religious, or other fund drives or events.

“Official public sign” means a sign permanently erected or permitted by the city, Pierce County, or the state, including, but not limited to, signs denoting the name of any thoroughfare, the route to any city, town, village, educational institution, public building, public park, historic place, shrine or hospital, to direct and regulate traffic, or to denote any railroad crossing, bridge, ferry, or other transportation or transmission company for the direction or safety of the public.

“Off-premises sign” means any sign which cannot be classified as an on-premises sign, including billboards.

“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, depending upon the district in which it is located, contains any or all of the following:

(1) The name of the owner, occupant, management or firm occupying the premises;

(2) The address of the use;

(3) The kind of name of the business and/or the brand name of the principal commodities sold or produced on the premises;

(4) Other information relative to a service or activity involved in the conduct of the business. (Also includes “owner-identification” or “business sign.”)

“Parapet” means a false front or wall extension located above the roofline.

“Permittee” means the person making application for a permit.

“Pole sign” means a freestanding sign that is supported by one or more poles.

“Political sign” means a sign to advertise a candidate for political office, a pending levy or ballot initiative or similar election.

“Premises” means the real estate, as a unit, which may be one or more lots, which is involved with the sign or signs identified in this chapter.

“Projecting sign” means a sign which is attached to and projects from a structure or wall in such a manner that its leading edge extends more than 16 inches beyond the surface of such structure or wall. A marquee sign is not considered a projecting sign.

“Real estate sign” means a sign to advertise the sale, rental, lease, sub-lease or auction of the premises.

“Roof sign” means a sign erected upon or above a roof or parapet of a building or structure, except signs attached to an awning. Includes mansard roof sign.

“Shopping center” means a retail shopping area designed as a unit, which utilizes a common parking area and contains separate, individual establishments.

“Sign” means any visual communication device, structure, placard or fixture that uses any word, color, form, illumination, graphics, placard, board, notice, logo, insignia, symbol, flag, banner, inflatable device, or writing to advertise, announce the purpose of a person or entity, or to communicate information of any kind to the public. Works of art, fountains, mosaics and building or structural design features that do not contain a commercial message, logo, symbol, or identification are not signs.

“Sign area or surface area of sign” means the total area of signage, visible from any viewpoint, excluding any sign support structure which does not form a part of the sign proper. “Surface area” includes only one face of a multiple-faced sign.

“Sign height” means the vertical distance measured from the adjacent street grade or upper surface of the nearest street curb, other than an elevated roadway, which permits the greatest height to the highest point of the sign.

“Sign structure” means any structure that supports or is capable of supporting any sign. Any structure that performs an entirely separate use, such as a telephone booth, bus shelter, donation or recycling container, etc., is not considered a sign structure.

“Street” means a public or private thoroughfare or easement which affords primary means of access, including public rights-of-way.

“Suspended sign” means a sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

“Temporary sign” means any sign, banner, valance or advertising display constructed of cloth, canvas, light fabric, paper, cardboard or other light materials, with or without frames, intended to be displayed for a limited time only.

“Village monument sign” means a permanent sign to identify a particular residential area identified by the DuPont comprehensive plan.

“Wall sign” means a sign attached or erected parallel to and extending not more than 16 inches from the facade or face of any building wall to which it is attached and supported throughout its entire length, with the exposed face of the sign parallel to the plane of the wall or facade. For the purposes of this chapter, printing on the valance of an awning or canopy is also considered a wall sign. Appurtenances to buildings, including but not limited to chimneys, copulas, railings, and screening walls, are not considered part of a building wall.

“Window sign” means a sign located inside and affixed to windows of a building, whether temporary or permanent, lighted or unlighted, which may be viewed from the exterior of the building and is intended to communicate information about an activity, business, commodity, event, sale, or service, and is legible from the exterior of the window. Window signs and display of merchandise for sale that are located inside a building shall not be included in sign area calculations. (Ord. 13-949 § 2)

Article V. Liability

25.116.210 Liability of city.

In all cases, the responsibility of complying with the requirements of this chapter, and other provisions of the DuPont Municipal Code, rests with the sign owner and/or any person owning, building, altering, constructing or moving any sign in the city. This chapter shall not be construed to relieve from or lessen the responsibility of any such person for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the city, or any agent thereof, be held to have assumed such liability by reason of issuance of a sign permit or a certificate of inspection, or by performing an inspection authorized in this chapter. Any employee charged with the enforcement of this sign code, acting in good faith and without malice for the city in the discharge of duties, shall not thereby render himself liable personally and is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of duties. (Ord. 13-949 § 2)