Chapter 19.41 SIGNS

1. “Abandoned sign” means a sign that no longer correctly identifies, exhorts, or advertises any person, business, lessor, lessee, owner, product, or activity conducted or available on or off the premises on which such sign is located.

2. “Awning” means a temporary or fixed shelter supported entirely from the exterior wall of a building without other means of support to the ground.

3. “Awning sign” means any sign erected on or against an awning.

4. “Banner, decorative” means an object made of multi-colored cloth, fabric or similar flexible material which displays abstract or representational forms and which is completely devoid of letters, numbers, words or advertising. Streamers shall not be considered decorative banners.

5. “Banner sign” means any sign intended to be hung, with or without framing, and possessing characters, letters, symbols, emblems, trademarks, illustrations, or ornamentation applied to fabric or similar flexible material. Flags, decorative banners, canopy signs, and temporary signs, treated elsewhere in this chapter, shall not be considered banner signs.

6. “Bench sign” means a sign located on any part of the surface of a bench or seat placed on or visible from a public right-of-way.

7. “Billboard sign” means any outdoor sign containing advertising which is not related to any use or activity on the premises on which the sign is located, but not including directional signs as defined in this chapter.

8. “Building, primary” means a fully enclosed and roofed structure, or portion thereof in separate ownership, which houses the primary uses of at least one business, residence or other establishment. Accessory buildings or outbuildings are not included in this definition.

9. “Canopy” means a fixed shelter that may be supported from the exterior wall of a building or from the ground or some combination thereof.

10. “Canopy sign” means any sign erected upon or against a canopy.

11. “Clear vision triangle” means the triangular area abutting the intersection of two street or alley rights-of-way described by measuring 20 feet from the point of intersection along each right-of-way line and connecting the end points.

12. “Commemorative plaque” means a memorial plaque, sign, plate or tablet which is permanently affixed to or near the structure, object or event it is intended to commemorate and which displays no advertising.

13. “Community event sign” means a sign which announces an event that is listed in the official calendar of events adopted by resolution of the City Council.

14. “Directional sign” means a sign which contains specific directional information and contains no advertising.

15. “Directory sign” means a sign which displays exclusively the names, logos and locations of occupants or uses of a building or complex; which includes, but may not be limited to, signs for office buildings, church directories and signs for malls, arcades, and similar commercial buildings. No advertising other than the name, logo and locations of occupants or uses is included.

16. “Flag” means the officially recognized symbol of a government jurisdiction displayed on cloth or similar flexible fabric.

17. “Freestanding sign” means a sign which is supported by uprights or braces connected permanently to the ground and which is not connected to a building. (See “Pole sign.”)

18. “Grade” means the average elevation of the ground surface immediately below the sign after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. In cases in which the grade cannot reasonably be determined, sign height shall be based on the elevation of the nearest point of the crown of a public street or the grade of the land at the main entry to the principal building, whichever is lower.

19. “Grand opening” means the celebration or promotional period beginning on or shortly after the date when a new, permanent business or use is open for business in a permanent, fixed building. Grand opening events must be related to: opening of a new business; a change of business location; construction of a new business structure; major remodeling or expansion valued at $50,000 or more; change of ownership; or change of name.

20. “Illuminated sign” means any sign illuminated in any manner by an artificial light source.

21. “Incidental sign” means a small, nonilluminated information sign two square feet or less in area which pertains to goods, products, services or facilities which are available on the premises where the sign occurs, and intended primarily for the convenience of the public while on such premises.

22. “Indirect lighting” means a light source separated from the sign surface and illuminating the sign surface by means of spotlights or similar fixtures.

23. “Internal lighting” means an indirect, concealed light source which is recessed or contained within any element of a sign.

24. “Main entry” means the entrance from outdoors into a primary building through which most customers or other visitors pass or are expected to pass. Each primary building shall be considered to have no more than one main entry, excepting a multiple-business complex, in which case each physically separate business which has no internal passageway to any other business premises shall be considered to have one main entry.

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

26. “Monument sign” means a ground-related, freestanding sign which is attached to the ground or to its base on grade by a solid sign structure and which structure extends from the ground or base to the sign face at the same or greater width as the sign face.

27. “Multiple-business complex” means a group of structures housing at least two separate businesses or agencies, or a single structure containing more than one business with separating walls and at least one outside access for each business which shares a common lot, access and/or parking facility.

28. “Multiple-tenant building” means a single structure housing more than one business or agency which may or may not incorporate a separate outside access for each enterprise, but not including residential apartment buildings.

29. “Mural sign” means a wall sign which consists exclusively of paint applied to the wall of a building or alternate surface without application of any other material or framing.

30. “Nonconforming sign” means any sign in existence within the City on the date of adoption of the ordinance codified in this chapter, or located in an area annexed to the City thereafter, which does not conform with the provisions of this chapter, but which did conform to all applicable laws in effect on the date the sign was originally erected.

31. “Off-premises sign” means a sign relating, through its message and content, to an activity, use, product, or service which is not available on the premises on which the sign is erected.

32. “On-premises sign” means a sign relating, through its message and content, to an activity, use, product, or service which is available on the premises on which the sign is erected.

33. “Pole sign” means any freestanding sign composed of a sign cabinet, backboard, frame or base and the sign pole, or pylon by which it connects to the ground.

34. “Political sign” means any sign which serves to influence, is intended to influence, or appears to be of the type which is commonly erected to influence an election or ballot proposition.

35. “Portable sign” means any moveable sign, such as a sandwich board sign, which is capable of being moved easily and is not permanently affixed to the ground or a structure or building.

36. “Premises” means the real property on which the business or other entity advertised by the sign or signs mentioned in this chapter is situated.

37. “Primary sign” means the main sign for the business and may be either a freestanding sign or a wall sign.

38. “Projecting sign” means a sign which is attached to and projects from a structure, wall or building face further than six inches. For the purposes of this chapter, a projecting sign includes signs affixed under an awning, canopy or marquee.

39. “Reader board” means that portion of a sign on which copy may be easily changed by manual/mechanical means or by lighting effects without reworking, repainting, or otherwise altering the physical composition of the sign.

40. “Real estate sign” means a portable or freestanding sign erected by the owner, or his/her agent, advertising the real estate upon which the sign is located for rent, lease or sale, or one directing to such property.

41. “Roof sign” means a sign erected upon or above a roof of a building or structure.

42. “Sandwich board sign.” See “Portable sign.”

43. “Sign” means any object, structure or portion thereof, other than a flag or government symbol, which contains advertising and which is visible from any right-of-way open to the public.

44. “Sign area” means the entire area of a sign on which the copy is to be placed including only one side of a multi-faced sign; provided, that the copy on all sides of the sign is identical. Sign areas shall be calculated by measuring the area of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the advertising copy, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supportive framework, bracing, architectural embellishments or decorative features or fences or walls which contain no written copy or other advertising and when any such fences or walls otherwise meet the requirements of this title and are clearly incidental to the display itself.

45. “Sign face” means any surface of a sign upon which there is lettering or other advertising.

46. “Sign height” means the vertical distance from grade to the highest point of a sign or any projection thereof.

47. “Sign structure” means any structure which supports or is capable of supporting any sign as defined in this chapter. A sign structure may be a pole or poles, or may be an integral part of a building. Structures which perform a separate use, such as a telephone booth, bus shelter, recycling or used goods container, etc., shall not be considered a sign structure.

48. “Streamer” means an attention-attracting device consisting of two or more pennants, banners, balloons, ribbons, reflectors, fringes or similar objects strung together on a common line, pole, or sign structure, or attached to one or more products offered for sale.

49. “Street” means a public or private way open to the general public including all classes of roadways excepting alleys and driveways and including major internal circulation corridors within parking lots.

50. “Street frontage” means a side of a building which contains an entrance open for public use and which side also faces an abutting street.

51. “Street frontage, primary” means the lineal length of the street frontage on which the main entry is located; provided, that in the event the main entry is located on a corner of the building or on a side other than a side which abuts a more heavily traveled street, primary street frontage shall be determined as if the main entry were on the side which abuts the more heavily traveled street.

52. “Symbol sign” means a projecting sign consisting exclusively of a symbol, picture or object which represents the specific products or services available on the premises, and which sign does not include any lettering, numerals or registered trademarks.

53. “Temporary sign” means any sign or advertising display constructed of cloth, canvas, light fabric, paper, cardboard, or other light materials, without frames, which is displayed for a limited time only. Residential yard signs and signs painted or adhered on window surfaces which are readily removed by washing shall also be considered temporary signs.

54. “Wall sign” means a sign which is attached parallel to, and within six inches of, a wall, which is supported by and confined within the limits of such wall, and which displays only one sign surface.

55. “Window sign” means a sign placed upon the interior or exterior surface of a window, or placed inside the window within three feet of the window, which faces the outside and which is intended to be seen primarily from the exterior. [Ord. 643 § 2, 2005.]

19.41.040 General provisions.

The following provisions shall apply to all zoning districts and to all signs regulated by this chapter, subject, however, to the specific regulations in each zoning district:

A. No sign shall be erected, caused to be erected, or allowed to remain erected except in compliance with all the regulations established in this chapter. No owner or lessee of any real property located within the corporate limits of the City of Everson shall knowingly allow any sign to be erected on any such property in violation of the provisions of this chapter. No person shall take any action intending to, or having the effect of, circumventing the purpose of this chapter.

B. All permanent signs subject to design review as provided in this chapter must obtain approval of the Planning Agency before a sign permit may be issued. This includes all replacement signs, except where the sign being replaced has already been approved through the design review process and the Building Official determines that the replacement sign is substantially similar in design and size to the sign being replaced.

C. Design Review. When reviewing signs, the Planning Agency shall consider, where applicable, the relationship of the following design elements to one another in the design of the sign. Design elements include: the characteristics of the area in the vicinity of the sign, compatibility of the sign with the surrounding location, proposed landscaping, type of sign, sign size, sign height, sign color and other design elements such as sandblasting, hand carving, dimensional graphics, glass, stained glass, hardwood, wrought iron, steel brackets, outlining, lighting, lettering style, three or more colors, murals, gold leaf, tile, frames, shadows, hand lettering, and whether or not the design is reflective of the business. The Planning Agency may also consider any comments on the proposed sign received from neighboring property owners or members of the community.

D. Safe and Secure Installation. Signs, sign structures and bracing systems shall be designed and constructed to meet all requirements of the International Building Code and the Everson Municipal Code. All electrified signs shall be designed, installed and inspected in conformance with the National Electrical Code.

E. Clearance and Sight Distance. Marquees, canopy signs or projecting signs which project over areas where motor trucks may be required to pass beneath them shall maintain a minimum vertical clearance of 15 feet. No marquee, canopy sign or projecting sign may project closer than two feet from the curb line of the street. All marquees, and canopy signs and projecting signs, must maintain a minimum of eight feet of vertical clearance over pedestrian ways. Freestanding and portable signs greater than three feet in height may not be placed within the clear vision triangle at the intersection of any streets, alleys or driveways.

F. Light and Glare from Signs. The light source for signs which are illuminated by indirect lighting shall be no farther away from the sign than the height of the sign and shall be shielded so that direct rays from the light are visible only on the lot where the sign is located and in such a manner that hazardous glare to motorists or pedestrians will not occur. [Ord. 643 § 2, 2005.]

19.41.050 Exemptions.

The following types of signs are allowed in all areas without a sign permit. These exemptions shall not be construed as relieving the owner of any sign for the responsibility of its erection and maintenance, or for compliance with the provisions of this chapter, or any other law or ordinance regulating same.

A. Fund raising signs pertaining to a specific proposed public construction project or fund raising campaign for a nonprofit or religious organization; provided, that a maximum of five such signs may be erected by that organization at any one time, the sign area may not exceed 32 square feet and each organization is limited to 10 such signs per year. The sign may be displayed for up to 14 days prior to the event and must be removed within three days after the conclusion of the event or campaign. Signs for long-term fund raising campaigns may be approved by the Planning Agency.

B. Real estate signs limited to one sign of four and one-half square feet maximum area per sign face on each parcel of property offered for sale in residential zones. In other zones, one sign is allowed up to 16 square feet per sign face on each separate parcel of property offered for sale. Each real estate sign must be removed no later than five business days after closing of sale of the property advertised. Closing of sale shall be considered the date of recording with the Whatcom County Auditor. Off-premises real estate signs are not permitted. Real estate signs are not permitted within any public right-of-way.

Exception – Real estate open house and directional signs:

1. Real estate signs advertising an open house may be placed off-premises if:

a. They are placed on private property with owner’s permission;

b. Signs are no larger than three square feet per sign face; and

c. Signs are displayed for no longer than four consecutive days.

2. Two open house directional signs for each such open house may be placed in the unpaved portion of the street right-of-way, but only during daylight hours and only when seller or agent is on-premises at the property for sale. No such sign shall be placed in such a way as to block the sidewalk.

3. A maximum of three real estate directional signs for each property for sale may be placed in the unpaved portion of the street right-of-way or on private property with the owner’s permission; provided, that any such sign shall have a maximum area on one face of the sign of two square feet; and provided further, that any such sign shall be removed consistent with the timing requirements stated above. No such sign shall be placed in such a way as to block the sidewalk or pose a hazard.

C. On-premises or on-vehicle incidental signs not exceeding two square feet each. This does not apply to licensed vehicles used for daily service.

D. On-premises directional signs not exceeding six square feet, the sole purpose of which is to provide for vehicular and pedestrian traffic direction and which display no advertising.

E. Political signs erected on private property up to four and one-half square feet per sign face in residential zones and 16 square feet per sign face in other zones and must be removed within 10 days after the final election involving the candidate or ballot proposition advertised by the sign.

F. Temporary construction signs limited to a total sign area of 32 square feet per construction site, displayed no longer than one year and removed no later than 10 days after completion or occupancy of the project.

G. Traffic, directional or informational signs lawfully installed, or required to be installed, by a government entity; provided, that in the event of any conflict between the provisions of this chapter and the provisions of any applicable State law, the provisions of this chapter shall govern unless expressly preempted by the laws of the State of Washington.

H. Signs not intended to be viewed from, and which are not readable from, a public right-of-way; provided, that such signs are not detrimental to the visual amenity of neighboring or adjacent residential properties.

I. Window merchandise displays.

J. Flags of the United States, the State, the City, the County, foreign nations, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction; provided, that such a flag shall not exceed 60 square feet in sign area and shall not be flown from a pole the top of which is more than 40 feet in height. Such flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting any one or more of these conditions shall be considered a banner sign and be subject to regulation as such.

K. Decorative banners if no more than five per each premises, and provided they are consistent with theme, and displayed for a maximum of six months. This does not include decorative banners installed by the City of Everson or the Chamber of Commerce.

L. Legal notices required by law.

M. Barber poles.

N. Grave markers.

O. Incidental, nonilluminated signs identifying small specialized community service structures, such as phone booths, public transit shelters, and collection containers for used goods or recyclable materials.

P. Incidental, nonilluminated signs limited to three per storefront.

Q. Nonilluminated informational signs pertaining to motor fuel which are affixed to the surface of fuel pumps. These may not exceed two square feet and may not be used for advertising purposes.

R. Temporary signs. Each temporary sign is limited to a maximum of 30 days. No one business may have more than two temporary signs up at any one time. Temporary signs include banners, hanging signs and freestanding signs. Temporary window lettering intended for view from the right-of-way is also included in this category. Searchlights may be utilized as a temporary sign for up to 12 hours within a single 24-hour period. All searchlights must be shut off by midnight.

S. Lettering or symbols painted directly onto or mounted magnetically onto an operable motor vehicle operating in the normal course of business; provided no part of such signs shall project higher than the roof surface of any such vehicle other than vehicles for hire or for delivery.

T. Signs attached to buses or taxis for hire.

U. One nonilluminated bulletin board not larger than 12 square feet in area for each public, charitable or religious institution when the same is erected on the premises of the institution.

V. Mural signs in existence on the effective date of the ordinance codified in this chapter.

W. Nonilluminated religious symbols mounted on-premises at a church or other religious institution.

X. On-premises, directional signs for churches, schools, and government offices not to exceed eight square feet; and provided, that they may not be placed in the public right-of-way and that the signs are portable and of a sandwich board design. [Ord. 643 § 2, 2005.]

19.41.060 Special exemption – Grand opening/going out of business signs.

A. During a grand opening or going out of business sale not to exceed 90 days, temporary signs may be displayed on the premises without a sign permit and regulations with respect to sign area, roof placement, sign height and type of signs are temporarily suspended.

B. All other regulations provided herein and not expressly suspended by this section shall apply to grand opening signs.

C. The provisions of this section may not be applied to more than one grand opening or going out of business event at any business location within any 12-month period; provided, that each separate business location within a multiple-business complex shall be entitled to a grand opening or going out of business event separate from a grand opening event for the complex as a whole. [Ord. 643 § 2, 2005.]

19.41.070 Prohibited signs.

The following signs are prohibited within the City:

A. Abandoned signs.

B. Bench signs on, or within 30 feet of, the public right-of-way, unless approved through design review.

C. New billboards, unless approved as a conditional use. Existing billboards will be considered nonconforming.

D. Flashing, revolving or any other moving signs; provided, that the moving hands of a clock or changing numerals of a time and/or temperature device may be permitted subject to the other regulations provided in this chapter. This clause is not intended to prohibit signs specifically permitted in other sections of this chapter.

E. Off-premises signs except real estate open house signs, political signs, community event signs, mural signs, and garage sale signs specifically authorized or exempted herein.

F. Roof-mounted signs, including any signs painted directly on the roof surface, unless approved through design review.

G. Signs or sign structures, which by coloring, shape, working or location resemble or conflict with traffic-control signs or devices.

H. Signs which create a safety hazard for pedestrian or vehicular traffic.

I. Signs larger than two square feet in area attached to or placed on a vehicle or trailer on public or private property; provided, however, that this provision shall not be construed as prohibiting the identification of a firm or its products on a licensed vehicle operating during the normal course of business. For-hire buses and taxis are exempt from this provision.

J. Signs attached to utility poles or traffic signs.

K. Signs within the public right-of-way except community event signs, sandwich boards, kiosks and signs which overhang the public right-of-way as specifically authorized herein.

L. Signs in City-designated buffer zones or greenbelt areas. This does not include park and trail informational signs.

M. Signs contrary to the provisions of this chapter.

N. Streamers or inflatable objects, except for special events; provided, that they are removed within 24 hours of the event, and conform to the temporary sign requirements.

O. Laser lights.

P. Sandwich boards within the public right-of-way, unless approved by the Building Official based on a finding that the proposed sign and location will not interfere with adjacent parking and pedestrian movement and will maintain a minimum five-foot width of unobstructed sidewalk. [Ord. 691 § 11, 2009; Ord. 643 § 2, 2005.]

19.41.080 Special category signs.

The following regulations shall apply to the special categories of signs set forth below, in addition to all the other requirements of this chapter which may be applicable:

A. Parking Lot Identification Signs. Parking lot identification signs may be erected without a sign permit if restricted to posting regulations regarding the use of the lot and to identifying a parking lot with its owner, operator, or name of the business providing the lot. No advertising other than the name of the business may be included. The total sign area for parking lot identification signs shall not exceed six square feet for each 1,000 square feet of parking lot area and each sign face shall not exceed six square feet; provided, that each lot shall be allowed at least one parking lot identification sign; and provided further, that these restrictions may be exceeded to the extent required by any applicable law of the State of Washington. Parking lot identification signs shall not exceed a sign height of six feet.

B. Community Event Signs. Community event signs are signs that announce an event sponsored by the City of Everson or the Chamber of Commerce and is listed in the official calendar of community events. Signs for events not listed on the official calendar of events may be considered temporary signs under EMC 19.41.050(R). Banner signs are limited to 75 square feet per sign face, and may be placed over public right-of-way, or on public property; provided, that the ground clearance, vision clearance and methods of construction in suspension are approved by the Building Official. Freestanding or wall signs may be no larger than 32 square feet per sign face and may be located in the public right-of-way or on public property; provided, that the location of the sign is approved by the Building Official. Community event signs may be displayed no longer than 21 days prior to an event and must be removed within three days after the event.

C. Service Club Signs. Service club signs are signs which display the recognized shield, logo or symbol of an international service club which has an established chapter in Everson, has regularly scheduled meetings, but does not own or lease premises within the City. Each such sign may not exceed five square feet. Service club signs require a sign permit and may be displayed only at a single location which has been approved by the Building Official. Additional signage may be permitted for service project recognition at the site of the public service project.

D. Garage or Rummage Sale Signs. Garage or rummage sale signs are temporary signs not to exceed four square feet per sign face which provide direction to a household sale. Up to three such signs may be placed without a sign permit on the property on which the sale is held and/or in nearby public rights-of-way. Signs placed in public rights-of-way must be self-supported by a stake or similar device and may not be attached to utility poles or traffic signs. Care must be taken to assure that the placement of such signs will not create a hazard to the public by obstructing the view or passage of pedestrians, cyclists or motorists. Garage or rummage sale signs may not be displayed for longer than three days and must be removed within 24 hours after the sale. Garage or rummage sale signs may not be displayed more than three times during any 12-month period for direction to a sale on the same premises.

E. Special Purpose Sign. A special purpose sign is a temporary sign to be displayed less than 30 consecutive days for a purpose not anticipated by this chapter, but not in conflict with it, or in a unique situation as determined by the Building Official. The total area of all special purpose signs intended to be displayed on any one premises shall be determined by the Building Official; provided, however, that the total area shall not exceed 32 square feet. All special purpose signs shall require a sign permit.

F. Mural Signs. Mural signs are allowed subject to recommendation by the Planning Agency and approval of a conditional use permit by the City Council. Upon application and following recommendation for approval by the Planning Agency, the City Council may authorize such mural signs upon a finding that the design and placement of the proposed sign contributes to the City. All murals must depict the history of the community and enhance the character of the main commercial area along SR 544 between the Nooksack River Bridge and Blair Drive. Murals may not be used for commercial or advertising purposes. The City Council may also authorize specific placement of such mural signs off-premises or in a manner which exceeds the applicable size or height limits prescribed herein. [Ord. 643 § 2, 2005.]

19.41.090 Residential districts (R and RMU zones).

In addition to the other applicable provisions of this chapter, the following regulations also apply in residential zoning districts:

A. Total Allowable Sign Area.

1. Each residential building is allowed one permanent identification sign per street frontage and one temporary yard sign. Each such sign may not exceed four square feet in sign area. No sign permit is required for either sign.

2. Each multifamily complex over five units in size, or long subdivision in residential zones, is allowed 24 square feet of sign area.

3. Home occupations are allowed one wall-mounted sign, and such sign shall conform to the requirements set forth in EMC 19.23.050.

4. Government buildings, schools and churches are allowed one identification sign not to exceed 24 square feet and one permanent reader board sign not to exceed 16 square feet for a total of 40 square feet. The reader board must be incorporated in the main sign structure. No product or company name, product symbol or product slogan may be included in the sign face of any freestanding sign.

B. Maximum sign height is five feet. For government buildings, schools and churches, a maximum height greater than five feet may be authorized through a conditional use permit approved by the City Council.

C. Freestanding Signs.

1. Permanent freestanding signs must be monument signs or pole signs mounted on two poles placed at the outermost sides of the sign face, and, with the exception of residential identification signs addressed under subsection (A)(1) of this section, must be approved by the Planning Agency. The Planning Agency may, upon review of the sign design, approve one freestanding sign per property.

2. All freestanding signs shall have a landscaped area at the base of the sign at least twice the size of the sign area.

3. Temporary yard signs may be displayed for up to 15 days and may be mounted on a single pole or stake.

Exceptions:

a. Garage or rummage sale signs pursuant to EMC 19.41.080, Special category signs.

b. Real estate and political signs pursuant to EMC 19.41.050.

4. Freestanding signs must be set back at least five feet inside property lines.

5. No other pole signs, portable, sandwich board, sidewalk or other freestanding signs are allowed unless approved through design review.

D. Off-premises signs are not permitted. Exception: Signs authorized to be erected off-premises pursuant to EMC 19.41.080, Special category signs, and those sandwich board signs approved under EMC 19.41.050.

E. Illuminated Signs. Only indirect lighting is permitted, except for those signs permitted in subsection (A)(4) of this section. [Ord. 643 § 2, 2005.]

19.41.100 Commercial district (C zone).

In addition to the other applicable provisions of this chapter, the following regulations also apply in the commercial zoning district:

A. Total allowable sign area is determined as follows:

1. Two and one-half square feet of sign area for each lineal foot of primary street frontage. In the event a building is located on a corner lot, an additional one and one-quarter square feet per lineal foot of primary street frontage may be included in the total allowable sign area. The maximum size of any one sign cannot exceed 100 square feet.

2. Each multiple-business complex is allowed one sign per street frontage as a directory sign. The square footage allowance for each directory sign is equal to 32 square feet plus an additional six square feet per business to a maximum of 80 square feet. The width of the sign face may not exceed 10 feet. Sign area for each business within a multi-business complex is determined by the frontage each business has on the street or primary customer access, including major internal circulation corridors within parking lots, and is subject to the same restrictions as in subsection (A)(1) of this section.

3. Tenant signage in a multiple-tenant building cannot exceed their percentage of building square footage times the total allowable signage square footage. Each multiple-tenant building is allowed one directory sign not to exceed 48 square feet. Tenant signs must be mounted below the primary sign if a primary sign is present and may not be roof mounted.

4. Twenty square feet for an outdoor business which operates without a building.

5. Government buildings, schools and churches are allowed one identification sign not to exceed 36 square feet and one permanent reader board sign not to exceed 24 square feet for a total of 60 square feet. The reader board must be incorporated in the main sign structure. No product or company name, product symbol or product slogan may be included in the sign face of any freestanding sign.

6. Includes all types of signs on all sides and all stories of the building or premises. Exceptions: parking lot identification signs, symbol signs, menu board signs, commemorative plaques, incidental signs, window sign lettering less than six inches in height, mural signs approved pursuant to subsection EMC 19.41.080(F), motor fuel price signs erected pursuant to subsection (F)(1) of this section, monument signs erected as a directory sign for a multiple-business complex pursuant to subsection (A)(2) of this section, service club signs authorized pursuant to EMC 19.41.080, and signs listed as exempt in EMC 19.41.050 are not included in the determination of allowable sign area.

B. Maximum sign height is as follows:

1. Signs are limited to 25 feet in height. If the sign is located at least 100 feet, but no more than 300 feet, from the right-of-way of a State highway, the sign may be 35 feet in height.

2. Canopy signs or signs mounted on a marquee may not extend higher than the highest roof surface of the canopy or marquee. Roof signs are not allowed.

3. Five feet for a monument sign of a single-business or multiple-tenant building.

4. Five feet plus one foot per each separate business advertised on a monument directory sign of a multiple-business complex to a maximum of 17 feet.

C. Projecting signs are subject to the following additional regulations:

1. Not larger than 32 square feet per side.

2. May project no more than four feet from the building.

3. Minimum clearance of eight feet must be maintained above the sidewalk and six inches from the vertical wall.

4. Only one projecting sign, including symbol signs, is allowed for each main entry.

D. Freestanding Signs.

1. Each single-business or multi-tenant building shall be allowed a maximum of one sign per 60 feet of frontage. Minimum distance between signs is 60 feet. Freestanding signs are not to exceed 100 square feet. If more than one freestanding sign is requested, the maximum sign size is 100 square feet and each of the signs must be of equal size and shape. The total number of signs may not exceed the total square footage allowed in subsection A of this section.

2. Monument signs must be set back from property lines a distance of one foot for each one foot of sign height in excess of five feet. Signs must be set back a minimum of five feet.

3. Exception. The Building Official is authorized to permit alternate monument sign placement as part of a downtown improvement project in conformance with an approved downtown improvement plan.

4. Permanent freestanding signs shall have a landscaped area at the base of the sign at least twice the size of the sign area. All required landscaping must be contiguous to the sign; however, it is not required that the sign be centered in the landscaping or that the shape of the landscaped area is consistent with the shape of the sign.

5. No other pole signs, portable, sidewalk or other freestanding signs are allowed, unless expressly authorized herein.

6. All signs must be set back a minimum of five feet from the property line.

E. Reader board signs are included in the total square footage calculation and may not exceed 75 percent of the sign area for the sign or 36 square feet, whichever is less. Electronic reader boards are permitted as part of the total allowable square footage for reader boards as noted above.

F. Exceptions.

1. In addition to the sign area allowed pursuant to subsection A of this section, any business selling motor fuel to the public may have one permanently mounted motor fuel price sign not to exceed 18 square feet per sign face. If such sign is incorporated as part of the monument sign allowed pursuant to this section, the allowable height of such monument sign may be increased by four feet.

2. The Building Official is authorized to permit one permanently mounted reader board sign for community event announcements on premises owned by the City or a nonprofit organization under contract with the City. Such sign may not exceed 25 percent of the sign face of the permitted sign.

G. Portable reader board signs and sandwich board signs require approval by the Building Official. [Ord. 691 § 12, 2009; Ord. 643 § 2, 2005.]

19.41.110 Light industrial district (LI zone).

In addition to the other applicable provisions of this chapter, the following regulations also apply in the light industrial zoning district:

A. Total allowable sign area is determined as follows:

1. One and one-half square foot of sign area for each lineal foot of primary street frontage of the primary building. In the event a building is located on a corner lot, sign area equal to one-half the allowable sign area for the primary frontage may be included in the total allowable sign area. No one sign may exceed 150 square feet in size.

2. Each separate business in a multiple-tenant building or industrial park complex shall be allowed at least 32 square feet of sign area, but no more than 64 square feet.

3. Each multiple-tenant building is allowed an additional six square feet for a directory sign.

4. Government buildings, schools and churches are allowed one identification sign not to exceed 36 square feet and one permanent reader board sign not to exceed 24 square feet for a total of 60 square feet. The reader board must be incorporated in the main sign structure. No product or company name, product symbol or product slogan may be included in the sign face of any freestanding sign.

5. Includes all types of signs on all sides and all stories of the building or premises.

6. Reader board signs are included in the total square footage calculation and may not exceed 75 percent of the sign area for the sign or 36 square feet, whichever is less.

7. Exceptions: parking lot identification signs, incidental signs, monument signs, window sign letters less than six inches in height, and signs listed as exempt in EMC 19.41.050 are not included in determining allowable sign area.

B. Maximum sign height is as follows:

1. Five feet for monument signs, plus one foot for each separate business advertised on the sign, but no higher than 10 feet.

2. Seventeen feet for other freestanding signs.

3. Signs may not extend above the roof line. No roof signs will be permitted.

C. Projecting signs are subject to the following additional regulations:

1. No larger than 32 square feet per side.

2. May project no more than four feet from the building.

3. Minimum clearance of eight feet must be maintained above the sidewalk and six inches from the vertical wall.

4. Only one projecting sign, including symbol signs, is allowed for each main entry.

D. Freestanding Signs.

1. Each single-business or multiple-tenant building shall be allowed one freestanding sign not to exceed a sign area of 80 square feet. Monument signs are encouraged.

2. Each multiple-business complex is allowed one monument sign per street frontage for a directory sign. The sign area of each such directory sign shall not exceed 32 square feet plus six square feet per separate business advertised, but not larger than 64 square feet.

3. Permanent freestanding signs shall have a landscaped area at the base of the sign at least equal to the size of the sign area. All required landscaping must be contiguous to the sign; however, it is not required that the sign be centered in the landscaping or that the shape of the landscaped area is consistent with the shape of the sign.

4. No other pole signs, portable, sidewalk or other freestanding signs are allowed, unless expressly authorized herein.

5. All freestanding signs must be set back a minimum of five feet from the property line. Signs must be set back from property lines a distance of one foot for each one foot of sign height in excess of five feet. [Ord. 643 § 2, 2005.]

19.41.120 Public districts (P and ROS zones).

In addition to the other applicable provisions of this chapter, the following regulations also apply in the public zoning districts:

A. All signs proposed by the City, other governmental agency or nonprofit organization shall be reviewed and approved by the Building Official based on consistency with the purpose of this chapter.

B. All other signs shall be subject to design review approval. [Ord. 643 § 2, 2005.]

19.41.130 Permit – Required.

No sign or portion of any sign, except those exempted in EMC 19.41.050 or 19.41.060, shall be erected, re-erected, replaced, revised, attached, structurally altered, or relocated by any person, firm or corporation from and after the effective date of the ordinance codified in this chapter without a permit issued by the City. No permit shall be required for repair, cleaning, or other normal maintenance, nor for changing the message on a reader board sign, as long as the sign structure is not modified in any way. Nothing herein is intended to replace, modify, or conflict with any State laws or regulations regarding signage along or visible from a State highway. If State regulations preempt local jurisdictions from regulating such signage, then the State regulations shall control. However, if the State regulations allow for local regulations, then this chapter shall apply to the extent that such regulations are not in conflict with or less restrictive than State law or regulations. [Ord. 643 § 2, 2005.]

19.41.140 Permit – Application.

Applications for sign permits shall be made pursuant to the procedures set forth in Chapter 16.01 EMC upon permit forms provided by the City. Such application shall require:

A. Name of business and address where the work is to be performed; also the tax parcel number for the parcel where the work is to be performed;

B. Name and title of applicant;

C. Name, address and telephone number of the firm doing installation work, if known;

D. Name and address of the sign owner if other than the business installing the sign;

E. A complete list describing each existing sign on the premises, including sign type, copy, sign area, location on premises, and date installed;

F. A site plan showing the location of the affected lot, buildings, and signs, showing both existing signs and proposed signs;

G. A scale drawing of each proposed sign or sign revision, including location, size, height, copy, structural and footing details, material specifications, colors, method of attachment, illumination, front and end views of canopies and any other information required to ensure compliance with appropriate laws;

H. Written consent of the owner(s) of the building, structure, and property where the sign is to be erected. [Ord. 643 § 2, 2005.]

19.41.150 Permit – Fees and approval.

Permit fees shall be in accordance with the current fee schedule set forth in the City’s current master fee schedule adopted by resolution of the City Council. Application for a sign permit shall be processed as a Class 1 action, unless design review approval, a conditional use permit or a variance is required. If design review is required, the application shall be processed as a Class 2 action pursuant to Chapter 16.01 EMC with the Planning Agency acting as the decision authority. Upon approval of plans by the Building Official, and approval by the Planning Agency or City Council, where required, and payment of the required fee, the Building Official shall issue the sign permit. Permits shall be numbered in the order of their issuance and shall disclose:

A. The type and description of sign(s) as defined in this chapter;

B. The street address of the property upon which the sign will be installed;

C. The amount of the fee paid for the permit;

D. The date of issuance;

E. The name of the person or company installing the sign;

F. The name of the sign owner. [Ord. 842 § 2, 2023; Ord. 643 § 2, 2005.]

19.41.160 Conditional use permits and variances.

The City Council shall have the authority to review and approve conditional use permits and variances from the requirements of this chapter in accordance with the procedures for a Class 3 action pursuant to Chapter 16.01 EMC:

A. The person seeking a conditional use permit or variance shall prepare and submit an application on forms provided by the Building Official accompanied by a fee as established in the unified fee schedule.

B. Upon receipt of an application, the Building Official shall first review the application for completeness. If the application is incomplete, the Building Official shall return it to the applicant and indicate the additional information needed to make the application complete.

C. Conditional Use Permits. Review and approval of an application for a conditional use permit shall be made in conformance with the procedures and requirements set forth in Chapter 19.11 EMC.

D. Variances. In making its determination regarding a requested variance, the City Council may grant a variance only upon specific, written findings of fact setting forth and showing that at least five of the following conditions exist. Of the required conditions, at least three of the conditions must be those within the first four conditions listed below:

1. Literal interpretation and strict application of the provisions and requirements of this chapter would cause undue hardship on the applicant because of unique or unusual conditions pertaining to the subject property.

2. The unique or unusual conditions do not result from actions of the applicant or owner of the subject property.

3. Granting the variance would not confer a special privilege to the subject property that is denied to other similarly situated properties.

4. Granting the variance would not be materially detrimental to the property owners in the vicinity or to the traveling public.

5. Granting the variance would not be contrary to the objects of this chapter relating to the placement of signs and the reduction of clutter.

6. Granting the variance would be in harmony with the purpose and intent of this chapter and would not diminish the effect of this chapter in furthering these purposes.

7. Size and shape of the sign must be in proportion to the bulk of the building.

8. The sign should conform to the size and shape of signs in the surrounding area.

9. A variance for a franchise sign must provide proof of the franchise requirement, in the form of the franchise agreement.

E. In approving any conditional use permit or granting any variance, the City Council may attach thereto such conditions regarding the location, character and other features of the proposed sign as they may deem necessary to carry out the spirit and purpose of this chapter in the public interest. [Ord. 691 § 13, 2009; Ord. 643 § 2, 2005.]

19.41.170 Appeals.

The procedure for appeals shall be as set forth in Chapter 16.01 EMC. Appeals of design review decisions made by the Planning Agency shall be to the City Council. [Ord. 643 § 2, 2005.]

19.41.180 Interpretations.

Where there is any dispute concerning the interpretation of this chapter, the decision of the Building Official shall prevail, subject to appeal to the City Council as provided in this title. [Ord. 643 § 2, 2005.]

19.41.190 Enforcing official – Powers and duties.

The enforcing official of this chapter shall be the Building Official or designee who is hereby authorized and directed to enforce all the provisions of this chapter. Signs for which a permit is required may be inspected periodically by the Building Official for compliance with this chapter. [Ord. 643 § 2, 2005.]

19.41.200 Removal of signs.

A. Abandoned signs shall be removed by the owner or lessee of the premises upon which the sign is located within 60 days after the business or service advertised by the sign is no longer conducted. This also applies to billboards advertising defunct businesses or events.

B. The Building Official may order the removal of any sign erected, installed or allowed to remain in violation of this chapter. He or she shall give at least 30 days’ notice in writing to the owner of such sign, or of the building, structure or premises on which such sign is located, to remove the sign or to bring it into compliance with this chapter. The Building Official may order removal of the sign at the expense of the owner of the premises if compliance with the written order is not obtained. Notice to the owner shall be deemed to be given as of the date of deposit in the United States mail addressed to the address on record that date at the office of the Whatcom County Assessor.

Exception: In the case of temporary signs, banner signs, portable signs or streamers, only five days’ notice need be given.

C. The Building Official may cause any sign which is erected or displayed in violation of this chapter to be summarily removed without notice and at the expense of the owner of the sign and/or premises if:

1. The condition of placement of the sign presents in the opinion of the Building Official an immediate threat to the safety of the public; or

2. The sign is placed in a public right-of-way or upon City property or attached to a utility pole, tree or traffic sign in violation of this chapter. [Ord. 643 § 2, 2005.]

19.41.210 Nonconforming signs.

A. Nonconforming signs shall be removed or brought into compliance with this chapter upon the loss of nonconforming status as noted below.

B. All revolving or blinking signs or electronic reader boards lawfully constructed prior to the effective date of the ordinance codified in this chapter are considered nonconforming signs under this chapter without restriction on scrolling or changing of the message. Any change or replacement of those signs will require that the signs be brought into compliance with this chapter or that a variance be applied for and granted.

C. Exception Pertaining to Portable Signs, Banner Signs and Streamers. All portable signs, banner signs and streamers made nonconforming by this chapter shall be removed within 90 days of the effective date of the ordinance codified in this chapter.

D. Loss of Nonconforming Status.

1. A nonconforming sign shall immediately lose its legal, nonconforming status if:

a. The sign is structurally altered; provided, however, that changing of the advertising portion of the sign, safety upgrades, or structural repair and/or maintenance below the threshold set forth in subsection (D)(1)(b) of this section shall not be considered alteration; provided, that the sign face, and the sign structure do not change in terms of height, size or location; or

b. The sign is damaged or is in need of repair and/or maintenance the cost of which is in excess of 50 percent of the original cost of the sign or the replacement cost of the sign prior to the damage or the need for repair and/or maintenance, whichever is greater; or

c. The sign is relocated; or

d. The sign is replaced in its entirety.

2. On the occurrence of any of the events described in subsection (D)(1) of this section, the sign shall be immediately brought into compliance with this chapter with a new permit secured therefor, or shall be removed; provided, however, that the Building Official may authorize specific alterations of such nonconforming signs if it is found that the total amount of aggregate noncompliance of the sign area of the existing signs on the premises is reduced at least 50 percent by the proposed alterations. [Ord. 643 § 2, 2005.]

19.41.220 Liability.

This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, building, altering, constructing, or removing or moving any sign in the City for damages to anyone injured or damaged either in person or property by any liability by reason of permit or inspection authorized in this chapter or a certificate of inspection issued by the City or any of its agents. [Ord. 643 § 2, 2005.]

19.41.230 Violation – Penalty.

Violation of the terms and conditions set forth in this chapter shall be considered violations of the Everson Zoning Code and shall be subject to all civil and criminal penalties as allowed by law. Action to remedy any such violation shall be as established in EMC 19.11.120. [Ord. 643 § 2, 2005.]