Chapter 14.10
SIGNS1
Sections:
14.10.035 Sign permit – Conditions and effect.
14.10.050 Permit not required when.
14.10.060 Permit applications.
14.10.070 Wall signs standards.
14.10.080 Projecting signs standards.
14.10.090 Freestanding signs standards.
14.10.100 Building permits, structural requirements and sign maintenance.
14.10.120 Existing nonconforming signs.
14.10.130 Variance from sign code.
14.10.140 Administrative interpretation.
14.10.160 Compliance and enforcement.
14.10.170 Processing – Signs in commercial zone districts.
14.10.180 Design criteria – Signs in commercial zone districts.
14.10.190 Processing and design criteria – All noncommercial zone districts.
14.10.200 Designated sign areas.
14.10.010 Purpose.
The purpose of this chapter is to promote the use of signs which are both functional and attractive in appearance through a sign regulation and permit system. This system is intended to permit such signs that will not, by their size, location, design, construction or manner of display, endanger the public safety of individuals, obstruct vision necessary for traffic safety, or otherwise endanger the public health, safety, general welfare, or the economy and business climate of the city of Leavenworth. Further, it is recognized that Leavenworth is located in a valley with outstanding natural scenic beauty, and that this resource has been enhanced by adoption of the Old World Bavarian Alpine theme. These two assets form the basis for Leavenworth’s thriving tourist industry, upon which the city’s economic health and general welfare so heavily depend. Signs complementing the Old World Bavarian Alpine theme, as provided for in this chapter, form a key and indispensable part of the overall visual attractiveness of the city, and thereby contribute both to the aesthetic and economic well-being of Leavenworth. The purpose of this chapter is also based on the goals and policies in the city’s adopted comprehensive plan, which is incorporated herein by this reference. [Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
14.10.020 Scope.
Except for legally nonconforming signs under LMC 14.10.120, and except for exempt signs, to the extent set out in this chapter, this chapter applies within Leavenworth city limits and UGA to all existing signs and all signs erected, moved, relocated, enlarged, structurally changed, painted, or altered after the date of adoption of the ordinance codified in this chapter. All such signs must comply with the requirements of this chapter. This chapter is not intended to regulate or dictate, in any manner, the content of speech or expression, or the viewpoint of the speaker, and is only intended to regulate the style through colors, fonts and manner of graphic depiction. [Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
14.10.030 Permit required.
No sign governed by the provisions of this chapter shall be erected, altered or relocated by any person, firm or corporation from and after the date of adoption of the ordinance codified in this chapter without a permit issued by the city or county (as applicable) unless such sign is expressly allowed without permit. Permits shall be processed in accordance with this chapter and LMC Title 21. Signs located within the UGA shall be processed in accordance with the most current version of the Chelan County Memorandum of Understanding, as well as any supplements or amendments thereto. [Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
14.10.035 Sign permit – Conditions and effect.
Sign permits issued on the basis of plans and applications approved by the design review board or administrative official (as applicable) authorize only the arrangement and design set forth in such approved plans and applications, and no other use, arrangement, design, or construction. Use, arrangement, design, or construction at variance with that authorized shall be deemed violation of this title and punishable as provided in Chapter 21.13 LMC. [Ord. 1476 § 1 (Att. A), 2014.]
14.10.040 Prohibited signs.
Unless specifically allowed in this chapter it is unlawful to erect or maintain:
A. Except as where otherwise specifically permitted in this chapter, any sign within the commercial districts, including logo signs, which is not compliant with the design, lettering style, and colors of the Old World Bavarian Alpine theme;
B. Logos of chain or franchised businesses are prohibited, but shall be allowed if modified to incorporate graphics, colors, and Bavarian lettering styles and modified to utilize the Old World Bavarian Alpine theme as approved by the design review board;
C. Off-site signs except for political signage, campaign signs, or other protected First Amendment signs in the public forum portion of the right-of-way or when located within designated sign areas, community bulletin boards, and signs of a public body;
D. Signs within right-of-way, except for political signage, campaign signs or other protected First Amendment signs or temporary community service event signs in the public forum portion of the rights-of-way or when located within designated sign areas, community bulletin boards, and signs of a public body;
E. Signs which have moving parts, appear to move, or are designed to be moved in any way excepting analog clocks and glockenspiels or as allowed for educational institutions and/or facilities freestanding reader board sign(s);
F. Portable signs except as allowed pursuant to this chapter;
G. Pennants on a rope, balloons, and streamers except as allowed pursuant to this chapter;
H. Neon, neon-like, and/or neon in appearance sign(s) exterior and visible from public rights-of-way or located in the interior of a structure and visible from public rights-of-way;
I. Interiorly illuminated sign(s) exterior and visible from public rights-of-way or located in the interior of a structure and visible from public rights-of-way except when placed more than a horizontal distance of 15 feet back from the window surface or when located at the back wall of the space, whichever provides the greatest distance from the window excepting educational institutions and/or facilities freestanding reader board sign(s);
J. Exterior and visible from public rights-of-way or located in the interior of a structure and visible from public rights-of-way signs with flashing lights;
K. Bench signs;
L. Trailer signs;
M. Vehicle signs (except license plates and license plate holders) when used in a manner which meets the definition of “sign” except when located on site of the property of the business being advertised; when mandated by state or federal rules and regulations; or when parked less than eight hours off site. Vehicle signs on contractor vehicles shall be allowed when located on site and/or within the construction staging area of any active construction site. No person shall move and repark a vehicle or trailer in order to avoid a parking time limit;
N. Roof signs;
O. Billboards;
P. Dry erase boards;
Q. Signs which are plastic in appearance (as determined by the design review board); and
R. Signs which bear or contain statements, words, or pictures which are obscene under the prevailing statutes or U.S. Supreme Court decisional law. [Ord. 1490 § 1 (Att. A), 2014; Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
14.10.050 Permit not required when.
The following types of exterior and visible from public rights-of-way or located in the interior of a structure and visible from public rights-of-way signs and devices do not require a permit; provided, that any standards specified in this chapter are met; and such signs are not listed as prohibited within LMC 14.10.040. Temporary signs installed pursuant to this section do not have vested status and cannot become permanent installations. In addition to LMC 14.10.160, any person or property owner violating or failing to comply with this section shall be guilty of a civil infraction. Each such person or property owner is guilty of a separate offense for each and every day during any portion of which any violation of this section is committed or continued. Any such person or property owner in violation of this chapter shall be punished by a fine of not more than $1,000. The city administrator or his/her designee shall be responsible for determining compliance of “signs allowed without permit.” The signs must be compatible in design with the Old World Bavarian Alpine theme unless specified otherwise herein. The signs must be maintained. This chapter and this section are not intended to regulate or dictate, in any manner, the content of speech or expression, or the viewpoint of the speaker, and are only intended to regulate the style through colors, fonts and manner of graphic depiction. In determining compliance, the city administrator or his/her designee shall apply the following required provisions:
1. Compliance with size, location, and number requirements of this chapter;
2. The use of approved Old World Bavarian Alpine theme lettering;
3. The use of Baroque, Rococo, Classical, or Bavarian folk art elements (shall be shape of sign, border, or other elements as determined by the city); and
4. The use of approved Old World Bavarian Alpine theme colors as determined by the design review board by generally applicable resolution.
A. Exterior menu signs; provided, that:
1. The signs are limited to two signs with a cumulative total maximum area of six square feet (except as approved for sidewalk seating);
2. Dry erase boards are prohibited;
3. Chalkboards may be used;
4. Such signs shall be exempt from wall sign calculations;
5. Such signs shall be on site;
6. The signs must be compliant with the Old World Bavarian Alpine theme and LMC 14.10.180 when located in the commercial districts; and
7. Such signs are considered temporary signs.
B. Flags and insignia of any government; constructed and displayed in a manner which is consistent with Chapter 14.17 LMC.
C. Signs of a public body, noncommercial in nature, including, without limitation, public transit service signs, public utility information signs, traffic control signs, parking lot signs, public warning signs, and all signs erected by a public officer in the performance of a public duty. Such signs are exempt from compliance with the Old World Bavarian Alpine theme and LMC 14.10.180.
D. On-site portable signs; provided, that:
1. Such signs are considered temporary signs, and shall be allowed during business hours or event hours only;
2. The area of individual signs shall not exceed four square feet;
3. Only one sign shall be allowed per parcel/lot or driveway entrance or frontage (for example: corner or through lot may have two with one sign located at each frontage);
4. Dry erase boards are prohibited. Chalkboards may be used;
5. Such signs shall be compliant with the Old World Bavarian Alpine theme and LMC 14.10.180 when located within the commercial districts;
6. Such signs shall not block required exits or other necessary egress;
7. Such signs shall be located at street grade; and
8. Such signs shall not be placed off site or within any public right-of-way, unless within a designated sign area or within a community bulletin board in compliance with the standards provided for such location.
E. Community bulletin board structure; provided, that:
1. Such structure shall be constructed compliant with the Old World Bavarian Alpine theme design (LMC 14.10.180) when located in the commercial districts;
2. Such structure shall be located within public property and may be located within a DSA;
3. Individual signs may be placed within the structure. Individual signs within a DSA shall comply with LMC 14.10.200, and are exempt from the Old World Bavarian Alpine theme and LMC 14.10.180;
4. Such structure shall not exceed 12 feet in height; and
5. The area available for placement of signage shall not exceed 32 square feet per side.
F. Temporary “new” or “coming soon” business signs; provided, that:
1. Such signs are considered temporary signs, and shall not exceed four square feet in area;
2. Such signs must be securely affixed to the interior surface of a window advertising their activity or business;
3. Such signs shall be compliant with the Old World Bavarian Alpine theme and LMC 14.10.180 when located in the commercial districts; and
4. Such signs must be removed no later than 60 days after initial posting, unless otherwise extended by the administrative approval of the city.
G. Temporary “sale” and special product announcement signs; provided, that:
1. Such signs are considered temporary signs;
2. Such signs must be securely affixed to the interior surface of a window;
3. Such signs shall be compliant with the Old World Bavarian Alpine theme and LMC 14.10.180 when located in the commercial districts;
4. Such signs shall not be placed off site, unless within a designated sign area or within a community bulletin board in compliance with the standards provided for such location; and
5. Such signs shall not cover more than one-third of the total window space. This area shall include all other allowed window signs (including “community service event signs”) for a total cumulative area not to exceed one-third the window space.
H. Temporary transient business signs; provided, that:
1. Such signs are considered temporary signs, and shall be compliant with the duration limits of the transient business license;
2. Such signs shall be reviewed and approved by the city during the process required for transient business licensing;
3. Such signage shall not exceed four square feet in area;
4. No more than one sign shall be allowed; except as mandated by federal or state statute (for example: fireworks);
5. Such signs shall be allowed on any structure approved for use as a transient business; and
6. Such signs shall be compliant with the Old World Bavarian Alpine theme and LMC 14.10.180 when located in the commercial districts.
I. Incidental signs; provided, that:
1. Such signs shall not exceed a total combined area of two square feet per business;
2. All such signs shall be compliant with the Old World Bavarian Alpine theme and LMC 14.10.180 when located within the commercial districts;
3. Only “open/closed” and “business hours” signs may be made of a synthetic or plastic material; and
4. Such signs are considered temporary signs, and may be placed for the duration of the business.
J. Real estate and/or “open house” signs; provided, that:
1. Such sign(s) shall not be placed off site or within any public right-of-way, unless in a designated sign area or within community bulletin boards in compliance with the standards provided for such location;
2. Such sign(s) may be portable;
3. Such sign(s) shall be no greater than four square feet in area per side of sign and are limited to two sides;
4. Only one sign shall be allowed per parcel/lot or driveway entrance or frontage (for example: corner or through lot may have two);
5. The real estate and/or “open house” sign shall only be used for advertising to sell property and structures. The signs shall not be used to advertise for overnight accommodations;
6. Such sign shall be compliant with the Old World Bavarian Alpine theme and LMC 14.10.180 when located within the commercial districts; and
7. Such signs are considered temporary, and must be removed seven days from the close of sale (recording and transfer of deed).
K. Special event sign; provided, that:
1. One such sign shall be allowed per vendor, and must be attached to the booth, tent, and/or concession area;
2. No portable or freestanding signs shall be allowed;
3. No internal, indirect or backlit illumination of any kind shall be allowed;
4. Such signs are considered temporary signs;
5. No sign shall exceed four square feet in area;
6. Such signs shall be compliant with the Old World Bavarian Alpine theme and LMC 14.10.180 when located in the commercial districts; and
7. The sign shall be removed at the end of the event.
L. Residential development signs; provided, that:
1. The height of such sign does not exceed six feet;
2. The sign is freestanding;
3. The sign area shall not exceed 18 square feet; and
4. Such signs shall be compliant with the Old World Bavarian Alpine theme and LMC 14.10.180 when located within the commercial districts.
M. Temporary community service event signs; provided, that:
1. Such signs are considered temporary signs;
2. The signs are installed no more than three months prior to the start of said event except when located within right-of-way;
3. The signs are removed no more than two days after the end of the event;
4. The area of the sign shall not exceed 32 square feet in area when located on private property. The allowed area of this sign is in addition to any other allowed sign area, excepting window signage;
5. Such signs may contain logos of the nonprofit organization separately or combined which shall not exceed 15 percent of the sign area;
6. Such sign shall be immediately removed if not maintained;
7. The sign(s) may function to direct visitors and residents to nonprofit community events and what/where services are available;
8. Such sign may be portable and off site;
9. Such sign shall conform to the standards of the designated sign area or community bulletin board when located within designated sign area or within a community bulletin board;
10. Signs allowed within right-of-way shall not exceed four square feet in area. Signs allowed within right-of-way shall be located outside of sidewalks or travel way. No more than five signs shall be allowed per 100 lineal feet of right-of-way. At no time shall signs block or obstruct safe sight distance, and/or become a nuisance, hazard and/or danger to the public as determined by the public works department. Signs within right-of-way may be installed no more than two weeks prior to the start of said event;
11. Such sign shall be compliant with the Old World Bavarian Alpine theme and LMC 14.10.180 when located in the commercial districts;
12. Such signs shall not cover more than one-third of the total window space; and
13. Such signs shall not advertise specific business.
N. Private warning sign (see signs of a public body for other warning signs); provided, that:
1. The area of the sign shall not exceed four square feet;
2. No more than one sign per hazard;
3. Such sign shall be compliant with the Old World Bavarian Alpine theme and LMC 14.10.180 when located in the commercial districts; and
4. When required to comply with state or federal standards and specifications, such signs are exempt from compliance with the Old World Bavarian Alpine theme, quantity and size standards.
O. Illuminated window signs (neon signs are prohibited when visible – this chapter); provided, that such signs are placed more than 15 feet back from the interior window surface or the back wall of the space.
P. Directional signs; provided, that:
1. Such signs shall not exceed four square feet in area;
2. Such signs are limited to one per 500 square feet of building or 700 square feet of parking lot to a maximum of five per property;
3. Directional signs may contain the name of the business separately or combined which shall not exceed 25 percent of the directional sign area; and
4. Such sign shall be compliant with the Old World Bavarian Alpine theme and LMC 14.10.180 when located in the commercial districts. [Ord. 1477 § 1 (Att. A), 2014; Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
14.10.055 Exempt signs.
The following types of exterior and visible from public rights-of-way or located in the interior of a structure and visible from public rights-of-way signs and devices do not require a permit, are exempt from compliance with the Old World Bavarian Alpine theme and LMC 14.10.180, unless specifically required below, and may be made of any material; provided, that any standards specified in this chapter are met; and such signs are not listed as prohibited within LMC 14.10.040. Temporary signs installed pursuant to this section do not have vested status and cannot become permanent installations. The city administrator or his/her designee shall be responsible for determining compliance of “exempt signs.” Exemptions shall be construed narrowly. Only those signs that meet the precise terms of one or more of the listed exemptions may be granted exemption. For example: If the sign includes any nonexempt element, then the sign will not meet the exemption. An exempt sign is not an exemption from compliance with any other regulatory requirements. Such signage is not limited in number, height, size or area, and is exempt from compliance with the Old World Bavarian Alpine theme and LMC 14.10.180. For example: neon signs; provided, that such sign is not visible from the adjacent street, alley, sidewalk and/or right-of-way (neon signage located interior to a property and not visible from right-of-way).
A. All signs interior to a building or property when not visible from public rights-of-way. Any signage located in such a way as to not be visible from any adjacent street, alley, sidewalk, and/or right-of-way (signage located interior to a property and not visible from public rights-of-way).
B. Nonilluminated window signs; provided, that such sign is placed more than five feet back from the interior window surface.
C. Sale/price tags attached to the product less than one square foot in total area.
D. License plates, license plate frames or vehicle brand.
E. Governmental flags (see Chapter 14.17 LMC).
F. Signs of a public body (government).
G. Signs affixed to and integral to vending machines, newspaper stands, and/or other similar freestanding dispensers/machines.
H. Signs affixed to and integral to utilities or other equipment.
I. Signs affixed to and integral to portable and temporary services including but not limited to: portable sanitary, garbage/recycle receptacles, and other similar facilities.
J. Signs located on the property of a residence; provided, that the sign is noncommercial in nature and shall not exceed four square feet in area.
K. Garage sale signs when located within residential district and not affixed to utility poles or within rights-of-way.
L. Warning sign (public).
M. Private use signs; provided, that:
1. The signs are no more than two square feet in area;
2. The signs are located in a residential district on private property, in a designated sign area, or within community bulletin boards;
3. Signs shall not be posted on any utility post, traffic post or street light post;
4. Signs shall be removed the day the event or special condition ends; and
5. Such signs are considered temporary signs.
N. Political speech signs; provided, that:
1. Such signs are considered temporary signs;
2. The area of individual signs shall not exceed four square feet;
3. Such sign may be made of any material; and
4. Such signs are allowed within right-of-way; provided, that they shall not be located on sidewalks or other traveled ways. At no time shall signs block or obstruct safe sight distance, and/or become a nuisance, hazard and/or danger to the public as determined by the public works department.
O. Political election signs; provided, that:
1. Such signs are considered temporary signs;
2. The area of individual signs shall not exceed four square feet;
3. Such signs are allowed within city right-of-way only and not in the managed right-of-way of U.S. Route 2 where they are prohibited; provided, that for allowed signs, the owner of the abutting property, as identified in the records and roll of the Chelan County assessor, consents to such placement in writing, and such allowed signs shall not be located on sidewalks or other traveled ways. At no time shall allowed signs block or obstruct safe sight distance, and/or become a nuisance, hazard and/or danger to the public as determined by the public works department; and
4. Political election signs shall be removed no later than 15 days after the election.
P. Label sign; provided, that:
1. Such signs shall not exceed one square foot in area; and
2. Such signs are limited to one.
Q. Integral signs; provided, that:
1. Such signs shall not exceed three square feet in area.
R. Parking lot signs; provided, that:
1. Such signs shall not exceed four square feet in area;
2. Such signs are limited to a maximum of one per five parking stalls; and
3. Such signs shall be compliant with Chapter 46.55 RCW and/or state the rules for parking in the lot.
S. Construction signs; provided, that:
1. Only one such sign shall be allowed per street frontage of a building;
2. The area of each sign shall not exceed 32 square feet;
3. The signs shall be removed within 30 days of completion or occupancy of the building, whichever comes first; and
4. Such signs are considered temporary signs.
T. Commemorative plaques; provided, that:
1. Such signs shall not exceed three square feet in area.
U. Service activity sign (WAC 468-66-050); provided, that:
1. Individual service activity plaques contain the name of the nonprofit organization, its address, and/or time of its meeting or service. A service logo, medallion or symbol may be used; and
2. The design, layout and “welcome” or other general text, not related to the service logo, medallion or symbol, shall be consistent with the Old World Bavarian Alpine theme; and
3. Overall sign area does not exceed 50 square feet. [Ord. 1677 § 1 (Att. A), 2023; Ord. 1615 § 1 (Att. A), 2020; Ord. 1477 § 1 (Att. A), 2014; Ord. 1426 § 1 (Att. B), 2012.]
14.10.060 Permit applications.
A. When required, application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or his/her authorized agent. Such application shall be made in writing on forms furnished by the city. Only fully completed applications shall be accepted by the city. If anyone other than the owner of the property is making application for a sign, the owner’s signed and dated knowledge of and consent to the application must be shown on the application.
B. Permits shall be processed in accordance with this chapter and LMC Title 21. Signs located within the UGA shall be processed in accordance with the most current version of the Chelan County Memorandum of Understanding, as well as any supplements or amendments thereto.
C. The application for a sign permit shall be accompanied by the following plans and other information. A receipt of an application shall not preclude the city from requesting additional information if new information is required or a change in the proposed sign occurs:
1. The name, address and telephone number of the owner or person entitled to possession of the sign and of the sign contractor or erector.
2. The location by street address of the proposed sign/sign structure.
3. A drawing shall be on paper capable of being folded for storage in a nine-inch by 14-inch file, which shall become the property of the city. The drawing shall include the following:
a. An accurately colored drawing, to a scale appropriate for showing all detail of the sign including: all design details, lettering styles, mounting structures, location, height, width and devices. Such drawing will be an accurate “mock-up” graphic representation;
b. An accurately scaled drawing(s) of all building faces to be signed, including: building dimensions, the scaled and dimensioned outlines of all existing and proposed signs, and current photo of the building face or location;
c. An accurately scaled site plan showing the location of building(s), street(s) and sign(s) in the case of freestanding signs;
d. Accurate color representation or actual color chips;
e. Any existing and proposed sign lighting (lighting shall be compliant with Chapter 14.28 LMC); and
f. The name of the proposed lettering style along with a detailed illustration of the proposed style. [Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
14.10.070 Wall signs standards.
A. All wall signs shall comply with the Old World Bavarian Alpine theme and the processing requirements of LMC 14.10.170, Processing – Signs in commercial zone districts, and design requirements of LMC 14.10.180, Design criteria – Signs in commercial zone districts, when located within the commercial zone districts; and all wall signs not located in the commercial zone districts shall comply with the standards of this chapter and processing requirements of LMC 14.10.190, Processing and design criteria – All noncommercial zone districts, except the Old World Bavarian Alpine theme.
B. Wall signs may be located on any building face.
C. The maximum area for the total of all permitted wall signs shall not exceed three percent of the building face area. This shall include all window and door areas and shall be measured from the sidewalk or ground line to the building eave line. Painted building names, not exceeding 10 square feet, shall not be included in the allowable sign area.
D. Business listing signs shall incorporate consistent lettering styles, and the individual signs comprising a business listing sign shall be uniform or consistent in size, shape and design.
E. Signs for businesses in residential zones shall not exceed four square feet in area.
F. One nonilluminated wall sign shall be allowed per building face for legally permitted uses in the residential zones. Any such signage shall comply with the standards of this section (LMC 14.10.070).
G. One directory sign shall be allowed per building for a building containing more than one business.
H. Directory signs shall not exceed two square feet in area per business or a maximum of eight square feet in area. Such area shall not be included in the allowable sign area. [Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
14.10.080 Projecting signs standards.
A. All projecting signs shall comply with the Old World Bavarian Alpine theme and the processing requirements of LMC 14.10.170, Processing – Signs in commercial zone districts, and design requirements of LMC 14.10.180, Design criteria – Signs in commercial zone districts, when located within the commercial zone districts; and all projecting signs not located in the commercial zone districts shall comply with the standards of this chapter and processing requirements of LMC 14.10.190, Processing and design criteria – All noncommercial zone districts, except the Old World Bavarian Alpine theme.
B. One projecting sign shall be allowed per business per building and shall be located in close proximity to (for example: above or beside) the public entrance for the business. The “public entrance” is defined as that used by the general public and not for purposes such as: staff entry, sending, receiving, emergency egress, etc. In no case shall more than one projecting sign be permitted per exterior building entrance, unless connected together as part of a projecting business listing sign.
C. Projecting signs (highway location) shall not exceed 50 square feet in area. Decorative or support structures around the sign need not be included in the sign area and shall not be greater than the area of the allowed sign area. Buildings allowed a highway-sized projecting sign are limited to only one such sign. The sign shall not extend over the public right-of-way.
D. Projecting signs (nonhighway location) shall not exceed five square feet in area for an individual business. The exception to this area limitation is for projecting signs which are used in place (replacing) of freestanding signs on lots with 80 percent or less lot coverage, pursuant to this chapter. The sign shall not extend from the building exterior edge more than four feet over the public right-of-way to a maximum of eight feet into public right-of-way from the building face. At no time shall any portion of a projecting sign encroach within vehicle travel ways. For the purposes of this section, the “exterior edge” may be the building walls, balconies, porticos or similar integral components of the building. “Exterior edge” shall not include flower boxes, storm doors, or similar ancillary building components. Decorative or support structures around the sign need not be included in the projection length allowed over the public right-of-way, but shall not be allowed to project further than six feet over the public right-of-way from the exterior edge of the building, and shall not exceed 200 percent of the allowed sign area.
E. The height of the top of the projecting sign shall not exceed 80 percent of the height of the building.
F. A projecting sign shall not be attached to a railing, fence, deck support, or similar type of structure, but may be hung from or attached to a balcony.
G. Business listing signs shall incorporate consistent lettering styles, each individual sign shall not exceed the area of an allowed projecting sign, and the individual signs comprising a business listing sign shall be uniform or consistent in size, shape and design.
H. Clearance under the lowest point of any sign which projects out over a public right-of-way (if allowed) shall not be less than eight feet.
I. One nonilluminated projecting sign shall be allowed per property or parcel for uses located in the residential zones permitted by LMC Title 18. Any such sign shall not project over public rights-of-way, shall not obstruct internal walkways, and shall not be placed in areas where a vehicle driver’s visibility (intersections, alleys, driveways) might be obscured.
J. Signs for businesses in residential zones shall not exceed four square feet in area. [Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
14.10.090 Freestanding signs standards.
A. All freestanding signs shall comply with the Old World Bavarian Alpine theme and the processing requirements of LMC 14.10.170, Processing – Signs in commercial zone districts, and design requirements of LMC 14.10.180, Design criteria – Signs in commercial zone districts, when located within the commercial zone districts; and all freestanding signs not located in the commercial zone districts shall comply with the standards of this chapter and processing requirements of LMC 14.10.190, Processing and design criteria – All noncommercial zone districts, except the Old World Bavarian Alpine theme.
B. Buildings which are located more than 10 feet behind the front or side property line (in the case of through lots, rear) may have a single freestanding sign. This sign shall not project over public rights-of-way, shall not obstruct internal walkways, and shall not be placed in areas where a vehicle driver’s visibility (intersections, alleys, driveways) might be obscured. Only one freestanding sign shall be allowed per business property or parcel; provided, however, that two freestanding signs shall be allowed on parcels two acres or more in size if, in addition to those requirements already noted, all the following conditions are met:
1. There shall be at least a total of 230 linear feet of frontage on two streets (alleys not included);
2. There must be a vehicle ingress or egress for each freestanding sign, per street frontage; and
3. Only one freestanding sign shall be allowed per street frontage, and such sign shall be placed in close proximity to the required vehicle ingress or egress.
C. Freestanding signs (highway location) shall not exceed 50 square feet in area; shall not exceed 15 feet in height; and shall not extend over the public right-of-way.
D. Freestanding signs (nonhighway location) shall not exceed 32 square feet in area; shall not exceed 12 feet in height; and shall not extend over the public right-of-way.
E. When a business requires a drive-through and the main floor area of the structure that the business is located in exceeds 1,000 square feet, a drive-through menu board sign may be installed. The sign shall be constructed of any material allowed by this code. However, a clear rigid cover may be installed to cover the sign to provide security and protection from the weather. Lighting of the sign must comply with the requirements of this code. A best effort shall be made to screen the menu board sign from residential and public right-of-way properties as to view, lighting, and sound. The drive-through menu board sign shall be allowed in addition to any other freestanding or projecting signs allowed pursuant to this code. The menu board sign shall not project over public rights-of-way, shall not obstruct internal walkways, and shall not be placed in areas where a vehicle driver’s visibility (intersections, alleys, driveways) might be obscured.
F. Drive-through menu board signs shall not exceed 25 square feet in area. This sign area is in addition to that allowed in other sections of this chapter.
G. Drive-through menu board signs shall not exceed eight feet in height and shall not extend over the public right-of-way.
H. Buildings allowed a freestanding sign may also have projecting sign(s); provided, that the area and number of such projecting sign(s) meets the standards within LMC 14.10.080.
I. A freestanding sign may be a business listing sign, or have multiple businesses. Business listing signs shall incorporate consistent lettering styles, and the individual signs comprising a business listing sign shall be uniform or consistent in size, shape and design. The total area of all signs within the business listing sign structure shall be as allowed within this section.
J. One nonilluminated freestanding sign shall be allowed per property or parcel for uses located in the residential zones permitted by LMC Title 18. Any such sign shall not project over public rights-of-way, shall not obstruct internal walkways, and shall not be placed in areas where a vehicle driver’s visibility (intersections, alleys, driveways) might be obscured.
K. Freestanding signs for businesses in residential zones shall not exceed four feet in height.
L. Signs for businesses in residential zones shall not exceed four square feet in area.
M. Educational institutions and/or facilities freestanding reader board sign shall be allowed; provided, that:
1. The freestanding reader board sign(s) is located on site with an educational institution and/or facility.
2. Freestanding reader board sign(s) shall be allowed for educational institutions and/or facilities.
3. One freestanding reader board sign is allowed per educational institution and/or facility.
4. Freestanding reader board sign(s) may be internally illuminated and/or digital; provided, that the text and/or graphics are static, rolling, or scrolling at a legible speed. At no time may the text and/or graphics flash, blink, revolve, flicker, change intensity or color, chase or any other similar movement or effect. Freestanding reader board sign(s) which are internally illuminated and/or digital shall not be visible from Highway 2.
5. Freestanding reader board sign(s) shall meet the standards and requirements of this chapter. [Ord. 1490 § 1 (Att. A), 2014; Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
14.10.100 Building permits, structural requirements and sign maintenance.
All signs shall conform with the following permitting, structural and maintenance requirements:
A. A separate permit(s) shall be applied for and obtained if required by the International Construction Codes, as amended by Washington State and the city of Leavenworth.
B. Permits shall comply with the applicable construction standards of the 1997 Uniform Sign Code, as amended by Washington State and the city of Leavenworth. In all cases of reference to the Uniform Building Code and International Conference of Building Officials, the International Building Code and International Code Conference shall be used. The following sections are specifically excepted and/or excluded (not adopted): Sections 201, 202, 204 through 217, 303, 402.2, 402.3(1) and (2), 402.4, 402.5, 402.7, 402.8, all of Tables 4A through 4C, second sentence of Section 403.4, Section 403.6, all of Chapters 5, 6, 8, Sections 901, 903, 1001, 1003.2, all of Chapters 11, 12, 13 and 14.
C. Plans for projecting signs with a surface area exceeding 20 square feet shall be prepared by a Washington State licensed architect or engineer.
D. Wiring for indirectly lighted signs shall be installed in accordance with the state electrical code.
E. Sign Maintenance. All signs must be kept in good repair and in a safe manner at all times. The property owner or sign owner (if different than the property owner) must repair damaged or deteriorated signs within 60 days of notification by the city. The area surrounding freestanding signs must be kept free of litter and debris at all times. Signs not repaired within the allowed 60 days shall be considered abandoned signs. [Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
14.10.110 Application fees.
The city council shall establish by resolution a schedule of fees, charges and expenses for permits, applications and other matters pertaining to this title related to sign permits. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken by the city on any application, appeal or request. There is no vested right to fees, charges, or expenses. [Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
14.10.120 Existing nonconforming signs.
Existing nonconforming signs as defined in this chapter are permitted, but shall be removed or brought into compliance with this chapter, as amended, any time the basic design, size, color or structure of the sign is altered, unless the proposed alteration renders the sign more in compliance with this chapter and the cost of the alteration of a freestanding sign or highway projecting sign is less than 50 percent of the replacement value of the sign. Signs damaged or altered, in any manner, by more than 50 percent of their replacement value shall be replaced with a sign that meets the requirements of this chapter as amended and in effect at the time of the requested replacement. Notwithstanding the foregoing, existing nonconforming signs shall be brought into compliance with this code no later than March 15, 2030. The hearing examiner shall review and make decisions on appeals alleging an error in a decision of a city official in the interpretation or the enforcement of the zoning code or any other development regulation.
The burden of establishing that any nonconformity is a legal nonconformity as defined herein shall, in all cases, be upon the owner of such alleged nonconformity and not upon the city. Determination of the nonconforming status of a sign is an administrative function of the city administrator and/or his/her designee. Property owners asserting existing nonconforming status shall submit such information as the city administrator and/or his/her designee deems necessary to substantiate or document the claim to the existing nonconformance. Documentation submitted by the property owner must ascertain the date the nonconformity was established and that it conformed to the applicable development regulations in effect at that time. Documentation may consist of such historical items. Unsubstantiated anecdotal evidence cannot be accepted for the determination of existing nonconforming status. [Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
14.10.130 Variance from sign code.
Any person aggrieved by the standards or requirements of this chapter may seek a variance as provided herein. In addition, the city administrator or his/her designee working in consultation with other agencies and departments with expertise has discretional authority to rule on the applicability of LMC Title 14 dimensional standards, and, at his/her discretion, to require formal application to the hearing examiner for variance of the standards. At no time shall an administrative deviation from the dimensional standards exceed 10 percent of the adopted standard. At no time shall an administrative deviation from the Old World Bavarian Alpine theme be allowed. A deviation is not a right. It is a special exception from the regulations for which a justifiable need and extraordinary circumstances must be demonstrated. It is intended to assure fair treatment of someone with special property circumstances and not to grant special privilege. Deviations may be approved provided the applicant demonstrates the following:
A. The deviation does not conflict with the comprehensive plan.
B. The deviation is no greater than 10 percent of the adopted standard.
C. The deviation is solely and exclusive to a dimensional standard (for example: length, width, depth, height, and area).
D. The authorization of the deviation shall not be materially detrimental to the purposes of this title, be injurious to property in the same district or neighborhood in which the property is located, or be otherwise detrimental to the objectives of any comprehensive plan. [Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
14.10.140 Administrative interpretation.
Administrative interpretations of this chapter including application of the Old World Bavarian Alpine theme requirements are available to any person. Such interpretations shall be made by the city administrator or his/her designee pursuant to Chapter 21.03 LMC. [Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
14.10.150 Severability.
If any section, subsection, sentence, clause, or phrase of this chapter is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter. [Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
14.10.160 Compliance and enforcement.
The following penalties and remedies are in addition to the enforcement provisions established in Chapter 21.13 LMC. Any violation of this sign code shall constitute a public nuisance per se.
A. Compliance with Other Applicable Codes. All signs erected or altered under this chapter must comply with all applicable federal, state and local regulations relating to signs, including, without limitation, the provisions of the building code. If any provision of this code is found to be in conflict with any provision of any zoning, building, fire, safety or health ordinance or code of the city, the provision which establishes the higher standard shall prevail.
B. Immediate Removal of Signs. All signs located within public rights-of-way or on public utility poles, traffic sign poles, sidewalks or other public property and private use signs located in the commercial zones except as allowed within this chapter or signs that present an immediate and serious danger to the public shall be considered a nuisance and may be immediately removed by the city. All signs removed by the city shall be available for recovery by the owner of such sign for a period of two weeks, after which they will be destroyed. The city shall not be responsible for damages or loss during removal or storage of any signs. Exception: temporary signs printed on paper or other nondurable material may not be available for recovery by the owner.
C. All signs located within the city which do not conform to the provisions of this chapter, except “existing nonconforming signs” as defined in this chapter, are unlawful and shall be removed within 30 days of the ordinance codified in this chapter.
D. Any unlawful sign which has not been removed within 15 days after imposition of civil penalty under LMC Title 21 may be removed by the city and the costs charged to the person violating this chapter. If removal costs have not been paid and the sign reclaimed within 30 days of its removal by the city, the city shall be entitled to file with the county auditor a lien against the real estate on which the sign was located to secure repayment of such costs and expenses of removal by the city. The lien may be foreclosed in the manner provided by Washington law for the foreclosure of labor and material liens. The city may sell or otherwise dispose of the sign so removed and apply the proceeds toward costs of removal. Any proceeds in excess of removal costs shall be paid to the owner of the sign.
E. Abandoned signs as defined in this chapter may be removed by the city and the cost of removal shall be paid by the owner of the sign and shall be a lien on the real estate from which the abandoned sign was removed subject to the same provisions for foreclosure of the lien as provided in subsection (D) of this section.
F. By the act of construction or installation of signs allowed or permitted within public right-of-way, the recipient of such permit or approval agrees to indemnify, defend, and hold harmless the city of Leavenworth from any claim, action, liability, loss, damage or suit arising from the issuance of permit and/or allowance of signs within public right-of-way.
G. Continued Duty to Correct. Payment of a monetary penalty pursuant to city code does not relieve a person of the duty to correct the violation.
H. Attorney Fees. In any action brought by the city to enforce this chapter or in any action brought by any other person in which the city is joined as a party challenging this chapter, in the event the city is a prevailing party, then the nonprevailing party challenging the provisions of this chapter or the party against whom this chapter is enforced in such action shall pay, in addition to the city’s costs, all reasonable attorney’s fees, costs, and expenses incurred in abating the violation or securing full compliance with this chapter as well as at any hearing, trial or appeal relating to securing such compliance. [Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
14.10.170 Processing – Signs in commercial zone districts.
A. The city administrator or his/her designee shall be responsible for determining compliance of “signs allowed without permit.” The signs must be compatible in design with the Old World Bavarian Alpine theme unless specified herein. In determining compliance, the city administrator or his/her designee shall consider the following required provisions:
1. Compliance with size, location, and number requirements of this chapter;
2. The use of approved Old World Bavarian Alpine theme lettering;
3. The use of Baroque, Rococo, Classical, or Bavarian folk art elements (may be shape of sign, border, or other elements as determined by the city); and
4. The use of approved Old World Bavarian Alpine theme colors as determined by the design review board by general resolution.
B. This chapter and this section are not intended to regulate or dictate, in any manner, the content of speech or expression, or the viewpoint of the speaker, and are only intended to regulate the style through colors, fonts and manner of graphic depiction.
C. Each sign permit application shall be filed with the city and processed in accordance with the requirements of LMC 21.09.050, Quasi-judicial review of applications.
D. Prior to transmittal to the city of Leavenworth design review board, the city administrator or his/her designee shall prepare a report which includes a compliance review, analysis and/or determination with the applicable sections of the code regarding sign location, dimension, size and other applicable technical standards and specifications outside of Old World Bavarian Alpine theme.
E. The design review board shall be responsible for review and approval, approval with conditions, or denial of all sign permits in the commercial zone districts, except as otherwise provided in this chapter.
F. Each sign permit application shall be filed with the city at least 10 days prior to a regular meeting of the design review board to be considered at such meeting.
G. In the event the permit application is denied by the design review board, and the applicant alleges an error was made in the decision, the applicant may appeal to the hearing examiner as provided for in Chapter 21.11 LMC. Such appeal is a prerequisite to filing a lawsuit challenging the regulation or the decision of the design review board.
H. Changes in an approved sign size or design shall not be made without first obtaining a new permit. Lettering or verbiage changes which are the same lettering style and color, and changes in location of a previously approved sign may be approved by the city administrator or his/her designee without obtaining approval of the design review board; however, application materials for an administrative permit approval shall be submitted to the city to approve, approve with conditions, or deny the change and to create a record of this administrative decision.
I. Individual signs in an approved directory or business listing sign may be added, moved, or substituted with signs for new businesses or uses with approval by the city administrator or his/her designee without obtaining a new permit; provided, that the sign design, size, letter style and color are identical to the sign being replaced in the business listing sign and the provisions of the original permit are met. [Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
14.10.180 Design criteria – Signs in commercial zone districts.
A. For signs requiring a permit, the design review board shall consider the proposed general design, lettering, arrangement, size, texture, materials, colors, lighting, and placement of the proposed sign in relation to other signs and other structures on the premises and contiguous area, and in keeping with the intent of this chapter and the Old World Bavarian Alpine theme.
B. This chapter and this section are not intended to regulate or dictate, in any manner, the content of speech or expression, or the viewpoint of the speaker, and are only intended to regulate the style through colors, fonts and manner of graphic depiction.
C. All signs permitted within the commercial zoning districts of the city shall be compatible in design and color with the Old World Bavarian Alpine theme and with the buildings and uses with which they are associated. Signage shall include Baroque, Rococo, Classical, or Bavarian folk art graphics or elements (such as shape or ornamentation). Sign design and Baroque, Rococo, Classical, or Bavarian folk art graphics or elements shall conform with examples shown in the booklet of photographs entitled “Portfolio of Photographs of Old World Bavarian Architecture and Signs for the City of Leavenworth” referred to in LMC 14.08.100 or as approved by the design review board. This booklet is available for review at no cost at City Hall during normal business hours.
1. The styles of lettering, as illustrated in the booklet entitled “Sign Lettering Styles for the Bavarian Village of Leavenworth,” shall be required unless other Old World Bavarian Alpine theme lettering is approved by the design review board either by general resolution or as a specific motion of the board. Block lettering or all capital lettering shall approved by design review board motion. This booklet is available for review at no cost at City Hall during normal business hours.
2. Signs illuminated by spotlights or indirect lighting shall be lighted in such a manner that glare from the light source is not visible to pedestrian or vehicular traffic on adjacent public rights-of-way. The lighting of the sign shall be an integral part of the design of the sign and shall be approved by the design review board in compliance with Chapter 14.08 LMC.
3. Signs shall only contain approved graphics, colors, and Bavarian lettering styles compliant with the Old World Bavarian Alpine theme. Logos of chain or franchised businesses are prohibited on signs, but may be allowed if modified to incorporate graphics, colors, and lettering styles compliant with the Old World Bavarian Alpine theme. Signs may contain and shall not be denied for containing phone numbers and website addresses when compliant with the Old World Bavarian Alpine theme lettering styles and colors.
4. Signs shall be constructed of materials compliant with the Old World Bavarian Alpine theme except as specifically allowed by this chapter. [Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
14.10.190 Processing and design criteria – All noncommercial zone districts.
A. The city administrator or his/her designee shall be responsible for review and approval, approval with conditions, or denial of all sign permits in the noncommercial zone districts, except as otherwise provided in this chapter.
B. Each sign permit application shall be filed with the city and processed in accordance with the requirements of LMC 21.09.030, Limited administrative review of applications.
C. In the event the permit application is denied and the applicant alleges an error was made in the decision, the applicant may appeal to the hearing examiner as provided for in Chapter 21.11 LMC. Such appeal is a prerequisite to filing a lawsuit challenging the regulation or the decision of the city staff or any other city agent making a decision on the permit application.
D. Signs illuminated by spotlights or indirect lighting shall be lighted in such a manner that glare from the light source is not visible to pedestrian or vehicular traffic on adjacent public rights-of-way in compliance with Chapter 14.28 LMC.
E. All signs permitted within the noncommercial zone districts of the city shall comply with the dimensions, locations, quantities, and other applicable standards of this chapter, unless otherwise provided for in this chapter.
F. Signs shall be constructed of rigid materials except as specifically allowed by this chapter. [Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
14.10.200 Designated sign areas.
As established by city council resolution, the designated sign areas (DSAs) allow for signs which may be off site as described within LMC 14.10.050. The following standards and requirements shall be required for all signs within the DSA:
A. Permits are not required prior to installation of the sign; however, the sign owner shall write the month/day/year of installation on the sign;
B. No more than one sign per event, sale, and other type of use or expression shall be allowed per designated sign area;
C. Portable signs shall be either sandwich-board (A-frame) style or hanging signs;
D. Sign area is limited to four square feet per side of the sign and each sign is limited to two sides;
E. The signs shall be made of plastic, wood, metal, or paper;
F. Such signs are exempt from compliance with the Old World Bavarian Alpine theme;
G. The top of the signs and mounting structure shall not exceed four feet in height, unless attached to a city-installed sign post or community bulletin board;
H. The signs shall be removed within 24 hours of the end of the event which they are advertising and may be installed up to 10 days in advance of the event except as allowed by LMC 14.10.050(M). Political free speech signs can be posted for a total of 15 days;
I. Signs installed pursuant to this section do not have vested status and cannot become permanent installations;
J. The city shall remove signs without notice which are not compliant with this section and this chapter and also those signs for which their allowed period of posting has expired. The city will store the sign for 14 calendar days after the day the sign was removed at the City Public Works Maintenance Shop; and
K. Signs which bear or contain statements, words or pictures which are obscene under the prevailing statutes or U.S. Supreme Court decisional law are prohibited.
[Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011; Res. 3-2011 (Att. A).]
14.10.210 Definitions.
All definitions relevant to this chapter shall be included in Chapter 21.90 LMC. Unless specifically defined, words or phrases used shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. [Ord. 1544 § 1 (Att. A), 2017; Ord. 1490 § 1 (Att. A), 2014; Ord. 1426 § 1 (Att. B), 2012; Ord. 1397 § 1 (Exh. A), 2011.]
Prior ordinance history: Ord. 729, as amended by Ords. 764, 777, 873, 956, 966, 969, 977, 982, 983, 1002, 1004, 1032, 1058, 1061, 1125, 1156 and 1268.