Chapter 16.28
SIGNS
Sections:
16.28.020 Statement of purpose.
16.28.060 Construction and design standards.
16.28.065 Portable signs in the downtown business zone.
16.28.070 Historic district and historic register signs.
16.28.080 Nonconforming signs – Provisions for amortization.
16.28.120 Enforcement and sign removal.
16.28.140 Violations – Penalties.
16.28.010 Short title.
This chapter shall be known as the “sign code” of the city of Pomeroy. (Ord. 815 §1 (part), 2005).
16.28.020 Statement of 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 governing all exterior signs. This system is also intended to permit such signs which will, by their size, location, design, construction, or manner of display, not endanger the public safety of individuals, obstruct vision necessary for traffic safety, or otherwise endanger the public health, safety, or general welfare. (Ord. 815 §1 (part), 2005).
16.28.030 Interpretation.
If any sections of the sign code conflict, the most restrictive shall govern. If there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. (Ord. 815 §1 (part), 2005).
16.28.040 Definitions.
For purposes of this chapter, the following terms, phrases, words and their derivatives shall be construed as specified in this section:
“Abandoned sign” is a sign which represents or displays any reference to a business or use which has been discontinued for more than six months or for which no valid business license is in effect in the city.
“Alteration of sign” is any construction material, size, name or location change except for normal maintenance to an existing sign.
“Area” or “sign area” is the total area of a sign excluding the sign support structure. The area is calculated by measuring from the outside edge of the frame. (For calculating the area of a double-faced sign, only one side of the sign is to be used.) Architectural embellishments and decorative features which contain no written or advertising copy, which are not illuminated and which contain no logos or trademarks shall not be included in the sign area. Signs painted on or attached to a wall or awning are calculated by imaginary straight lines around the entire copy or grouping of letters, words, or symbols, using a maximum of eight lines.
“Awning” is an overhead shelter, supported entirely from the exterior walls of a building composed of a rigid supporting framework and a flexible or nonrigid covering.
“Building face” is the exposed building front or exposed exterior wall of a building from the grade of the building to the eave line or parapet and the entire width of the building elevation.
“Building side” is a surface of a building that extends more or less perpendicularly from an observer standing in front or side of a building.
“Canopy” is a freestanding permanent roof-like structure with support columns composed of rigid materials providing protection from the elements, such as a service station gas pump island. A portion of a canopy may be supported by an adjacent structure.
“Commercial” is any activity carried on for financial gain.
“Drive-in restaurant” or “refreshment stand” is any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages to customers in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises.
“Eave line” is the juncture of the roof and the perimeter wall of the structure.
“Erect” is to build, construct, alter, display, relocate, attach, hang, place, suspend, affix any sign, and shall also include the painting of murals and wall signs.
“Ghost sign” is a faded painted sign on a Historic structure, preserved as a part of the historic fabric of the structure.
“Highway frontage” is property which abuts SR 12 as designated by the Washington State Department of Transportation.
“Historical site or structure” is any structure, collection of structures and their associated sites, deemed of importance to the history, architecture or culture of an area by an appropriate local, state or federal governmental jurisdiction. Included shall be structures on official national, state or local historic registers or official listings such as the National Register of Historic Places, the State Register of Historic Places, state points of historical interest, and registers or listings of historical or architecturally significant sites, places, historic districts, or landmarks as adopted by a certified local government.
“Marquee” is a permanent roof-like structure composed of rigid materials providing protection from the elements, attached to and supported by the building and projecting over public or private property. This does not include a projecting roof.
“Material” is any wood, metal, plastic, glass, cloth, fabric, or any other substance used to construct a sign.
“Multiple building complex” is a group of structures housing two or more retail offices, or commercial uses sharing the same lot, access and/or parking facilities or coordinated site plan.
“Multiple tenant building” is a single structure housing two or more retail, office or commercial uses.
“Normal maintenance” is an act of repair or other acts to prevent decline, lapse or cessation from original state or condition.
“Public entity” is a state, county, district, public authority, or public agency.
“Repair” is to renew, refresh or to restore to sound condition.
“Sign”, in the singular or plural, means a structure or fixture using letters, symbols, trademarks, logos or written copy that is intended to aid the establishment, promote the sale of products, goods, services, or events.
The term “sign” includes, without limitation, the following types of signs:
1. “Accessory commercial sign” includes, but is not limited to, open/closed signs, bank card signs, credit card signs, travel club signs, welcome signs and vacancy/no vacancy signs; provided, that such signs are erected in accordance with the location requirements of this chapter, and that the sign does not advertise any business or product.
2. “Animated sign” means any sign which includes the optical illusion of action or motion or color changes of all or any part of the sign facing to show or give the appearance of video or television-type pictures that required electrical energy.
3. “Awning sign” is a sign applied to or incorporated into the covering of an awning. An awning sign shall be considered a wall sign for the purposes of this chapter.
4. “Banner sign” is a sign constructed of cloth, fabric or other nonrigid material hanging from a staff, pole or frame or wall mounted. A banner sign shall be considered a temporary sign.
5. “Bench sign” is a sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way. Wording indicating the manufacturer or a philanthropic group or individual who has donated the bench are not considered signs. (See the definition of “Sign” above).
6. “Canopy sign” is a sign installed on the wall or side of a canopy that conceals the structural portion of the canopy roof.
7. “Commemorative plaque” is a memorial plaque or plate, with engraved or cast lettering, which is permanently affixed to or near the structure or object it is intended to commemorate.
8. “Construction sign” is a sign on the site of a construction project that identifies the project, its character or purpose and/or the architects, engineers, planners, contractors, or other individuals or firms involved.
9. “Directory sign” is a sign on which the names and locations of occupants or the use or uses of a building are given.
10. “Electronically changeable message sign” is a sign upon which graphics, symbols or words can be varied upon the face or faces of the sign.
11. “Flashing sign” is a sign or other advertising structure having lights or illuminations that flash, move, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsations, except for time and temperature signs.
12. “Freestanding sign” is a sign permanently supported from the ground in a fixed location by a structure of poles, uprights, braces or monumental base and not supported by nor attached to a building. The base of such sign shall be located on the business property.
13. “Historically significant sign” is a sign which was installed or constructed prior to January 1, 1956, and which has been approved by the city council. Approved historical signs shall be restored and maintained in good condition.
14. “Illuminated sign” is a sign internally illuminated in any manner by an artificial light source within which the light source is not exposed.
15. “Indirectly illuminated sign” is a sign which by design is illuminated by reflection of a light source from the sign face. Such signs shall not project light from the light source across property lines, or directly towards traffic.
16. “Integral sign” is a memorial sign or tablet or name of or date of erection of a building when cut into any masonry surface or when constructed of bronze or other incombustible material mounted on the face of a building.
17. “Logo sign” is a sign bearing characters, letters, symbols, or characteristic design which, through trademark status or consistent usage, has become the customary identification for a business.
18. “Marquee sign” is a sign attached to fascia or on the roof of a marquee. For the purposes of this code, a sign located on the roof of a marquee shall be considered a projecting or freestanding sign and a sign located on the fascia or a marquee shall be considered a wall sign.
19. “Moving sign” is a sign or other advertising structure having visible moving, revolving or rotating parts or visible mechanical movement of any kind or other apparent visible movement achieved by electrical, electronics or mechanical means, except for street clocks and time and temperature signs.
20. “Mural” is a painting applied directly to a wall or building.
21. “Nonconforming sign” is a sign located within the city limits of Pomeroy that was in existence prior to the effective date of the ordinance codifying this chapter which does not conform to the provisions of this chapter. Abandoned signs shall not be considered a nonconforming sign.
22. “Off-premises sign” is a sign which directs attention to a business, profession, product, activity or service which is not conducted, sold or offered on the premises where the sign is located as listed on the business license. Premises are considered to be upon the property/area belonging to the business. Streets, sidewalks, and other public ways are not “premises.”
23. “On-premises directional sign” is a sign directing pedestrian or vehicular traffic to parking, entrances, exits, service areas, or other on-site locations.
24. “Pennants” or “streamers” are long tapering flags or strips of material used to attract attention to a business, place, or area.
25. “Political sign” is a sign identifying or expressing a political candidate or viewpoint on public issues decided by ballot.
26. “Portable sign” is a sign, including sandwich-board signs and real-estate signs, that is capable of being moved easily and not permanently affixed to the ground, a structure, or a building.
27. “Projecting sign” is a sign other than a wall sign that extends horizontally from and is supported by a wall of a building or structure.
28. “Reader board” is a sign face consisting of tracks to hold readily changeable letters allowing frequent changes of copy. A reader board shall be considered a wall sign.
29. “Real estate sign” is a sign that advertises the real estate on which it is located for rent, lease, or sale.
30. “Roof sign” is a sign painted, erected or constructed wholly upon or over the roof of any building and supported on the roof structure; however a sign located on a roof or a marquee shall be regarded as a projecting or freestanding sign.
31. “Sandwich board sign” – see portable sign.
32. “Suspended sign” is a sign which hangs below the permanent overhang, marquee or canopy extending over public or private sidewalks or rights-of-way.
33. “Temporary sign” is a sign, banner, pennant, valance, or advertising display constructed of cloth, paper, canvas, cardboard, or other light nondurable materials intended to be displayed for no more than thirty days per calendar year. Types of signs included in this category include but are not limited to: grand opening, special sales, special events, and garage sale signs.
34. “Time and temperature” is that portion of a sign intended to display only the time of day and current temperature.
35. “Wall graphic” is a wall design in which color and form are part of an overall design on the building.
36. “Wall sign” is a sign painted, attached to or erected against and parallel to the wall plane of a building or structure. A wall sign shall be confined within the limits of said wall and shall not extend more than twelve inches from the face of the wall. Awning signs shall be considered wall signs for the purposes of this code.
37. “Window sign” is a sign located on the interior of a window within one foot of the glass or located on the exterior of a window.
“Sign height” is the vertical distance measured from the grade below the sign to the highest point of the sign except for portable signs located in street right-of-ways or clear vision areas, in which the height shall be the vertical distance above the crown of the adjacent street.
“Wall plane” is that portion of a building face which is contained on one general plane. If there is a shift in the facade forward or back, a new plane is created. A single wall plane may contain windows and doors. (Ord. 815 §1 (part), 2005).
16.28.050 Exempt signs.
The following signs do not require a permit and are exempt for the application, permit, and fee requirements of this chapter. This shall not be construed as relieving the owner of the sign from the responsibility of erecting and maintaining it in conformance with the intent of this chapter or other applicable law or ordinances. Other sections of this code regulate placement and size.
1. Banner signs, decorative flags, pennants, streamers, grand opening, community activity signs, special events signs and temporary signs (except portable signs); provided they are only displayed for one thirty-day period within a calendar year, are removed within fourteen days of the completion of the event, and must not obstruct pedestrian or vehicular travel.
2. Canopies and awnings, except those which incorporate lettering or a design to identify, advertise, or otherwise function as a sign. Canopies and awnings which function as a sign are required to meet all applicable standards of this code.
3. Commemorative plaques and integral signs.
4. Construction signs; provided, that there shall be only one such sign per street frontage of a building; and provided, that the area of each sign shall not exceed sixteen square feet in a residential district and thirty-two square feet in other zoning districts and that all such signs shall be removed within thirty days of completion of the building.
5. Exterior holiday or festive decoration lights; provided they are removed or turned off within three weeks following the holiday.
6. Exterior holiday decorations or other materials, other than lights, which are temporarily displayed on traditionally accepted civic, patriotic or religious holidays.
7. Official Flags, emblems, and/or insignia of the United States, or other governmental unit; and flags of internationally and nationally recognized organizations.
8. Gravestones within officially recognized burial areas.
9. Historically significant signs that have been listed with the Pomeroy Historic Commission.
10. Historical building or site plaques, if approved by the Pomeroy Historic Commission.
11. Historical site or structure signs; provided they are approved by the city council. Such signs shall be a maximum of twelve square feet and no illuminated unless allowed elsewhere in this code. Only the name of the site or structure, hours of visitation and admission charges if any shall be indicated on the sign.
12. Integral decorative or architectural features of buildings including but not limited to building names, except when such features include commercial wording, moving parts, or moving lights.
13. Menu signs for drive-in restaurants.
14. Menu signs for other than drive-in restaurants; provided, that the menu displayed is the same as that given to customers and such sign shall have a maximum size of four square feet.
15. Movie theater display cases; provided there are not more than two cases not to exceed twenty-four square feet each.
16. Murals, except any portion of a mural that meets the definition of a “sign” in PMC 16.28.040U; and provided it is approved by the city council or its designee subject to those standards set forth in PMC 16.28.070.
17. Nameplates not exceeding two square feet.
18. Noncommercial signs bearing only property numbers, postal box numbers or names of occupants of premises.
19. Political signs less than thirty-two square feet which during a campaign, advertise a candidate or candidates, or ballot issue, provided such signs shall not be posted more than ninety days before the election to which they relate and are removed within seven days following the election;
20. Real estate signs; provided there shall be only one such sign per lot. Such signs shall not be placed where a vehicle driver’s visibility might be obstructed, including, but not limited to, intersections, alleys, or driveways. The maximum area of the sign in residential zones shall not exceed six square feet. Inverted “L” post signs shall not exceed six feet in height. Other portable real estate signs height shall not exceed forty-two inches. In nonresidential zoning districts, the area of the sign shall not exceed sixteen square feet and the height shall not exceed six feet. Signs placed in street right-or-ways or clear vision areas must not exceed thirty-six inch height above the crown of the adjacent street. All signs must be removed within thirty days from the date of closing.
21. Real estate sale signs for condominium projects and subdivisions; provided the maximum area of the sign shall not exceed thirty-two square feet, the height shall not exceed eight feet, and has the initial date of posting on the sign. Such signs shall be removed within five years of initial posting or sale of seventy-five percent of the total number of lots or condominium units, whichever occurs first. If there is no initial date of posting on such sign, said sign shall be a prohibited sign.
22. Signs of a public entity, including, without limitation, community service informational signs, kiosk signs, public utility information signs, tourist information/map, traffic control signs and all signs erected by a public officer in the performance of a public duty; provided, however, that such signs shall meet the location, size and structural requirements of this chapter.
23. Signs directing and guiding traffic and parking on private property, but bearing no advertising matter; provided, that such signs shall not exceed six square feet in area per sign;
24. Directional, warning, regulatory, or informational signs or structures required or authorized by law, or by federal, state, county, or city authority.
25. Temporary signs; provided, that such signs shall not exceed thirty-two square feet, must be securely affixed to the surface of a building wall or window, or between existing structures, poles and/or other supports, must have the date of initial posting clearly written on the face of the sign and must be removed not later than thirty days after initial posting.
26. Temporary signs, vehicles, special events: Special event signs which are mounted on vehicles are permitted for a period of no more than five days. No business shall be permitted to have such special event signs more than twice a calendar year.
27. Wall graphic, except that portion which contains letters, symbols, trademarks, logos, written copy, moving parts or moving lights.
28. Window signs which are of a temporary nature for commercials businesses for a period of not exceeding thirty days. Signs in or on the window which are utilized for more than thirty days are permanent and will be considered a part of the overall signing permitted for the business. Such permanent window signs shall require permits and shall be compliant with this code.
29. Small window/door signs indicating acceptance of credit/debit cards, age restrictions, smoking restrictions, etc.
30. Repainting or repair of a sign or sign structure or the changing of the copy or message thereon using the same materials and colors as the original is exempt from requiring a permit unless a structural change is made. (Ord. 815 §1 (part), 2005).
16.28.055 Prohibited signs.
It is unlawful to erect or maintain:
A. Abandoned signs.
B. Signs which rotate or have a rotating or moving part or parts that revolve at a speed in excess of seven revolutions per minute.
C. Bench signs on bench or seat placed on or adjacent to a public right-of-way. Wording indicating the manufacturer or a philanthropic group or individual who has donated the bench are not considered signs within the definition of “Sign” in PMC 16.28.040, Definitions.
D. Roof signs or marquee signs which are located on, project or extend above the eave or parapet line of any portion of the building.
E. Signs in a dilapidated or unsafe or hazardous condition.
F. Signs on doors, windows or fire escapes that restrict free ingress or egress.
G. Flashing and/or blinking signs.
H. Searchlights or beacons.
I. Signs which purport to be, are an imitation of, or resemble an official traffic sign or signal or which could cause confusion with any official sign, or which obstruct the visibility of any traffic/street sign, signal, or obstruct a vehicle driver’s visibility at, including, but not limited to, intersections, alleys, and driveways.
J. Signs attached to streetlight and traffic control standard poles.
K. Signs placed within a street or projecting over public streets except approved banners and flags.
L. Signs attached to trees or rocks.
M. Signs on any vehicle or trailer parked on public or private property and are visible from a public right-of-way for the primary purpose of displaying said sign. This provision shall not prohibit signs which are painted on or magnetically attached to any vehicle or trailer operating in the normal course of business. See Exempt Signs for temporary and special events allowances, PMC 16.28.050(A). (Ord. 857 §1, 2011; 815 §1 (part), 2005).
16.28.058 Permitted signs.
Except as otherwise provided in this title, all signs shall be permitted; provided they meet all conditions and requirements established in this chapter. (Ord. 815 §1 (part), 2005).
16.28.060 Construction and design standards.
A. General Requirements. All permitted signs must conform to the following sign location, size and design requirements, unless otherwise provided for in this chapter:
1. Building Coverage. Except as provided herein, signs attached to a building face including, but not limited to, wall and projecting signs shall not be located on more than three sides of any building. Exception: If the building contains an individual business or businesses with separate entrances on more than two sides of the building, signs may be located on all sides of the building. Businesses with the main entrance fronting on an alley may use the exception stated above.
2. Clearance. Clearance under the lowest point of any sign which projects out over a public walkway shall not be less than eight feet.
3. Lighting.
a. A sign illuminated by spotlights or indirect lighting shall be lighted in such a manner that direct rays from the light are visible only on the lot where the sign is located and glare from the light source is not visible to pedestrian or vehicle traffic and shall not cause glare into any residential zoning district.
Illumination from any internally lighted sign shall be shaded, shielded, directed, or reduced as to avoid undue brightness, glare, or reflection of light into private or public property or right-of-way so as to avoid reasonable distractions of pedestrians or motorists. Light into a residential area shall not exceed one foot-candle in the residential area. Residential area is defined as any area in which persons have a residence, regardless of the zoning of the area, and includes apartments, homes, etc.
b. No off-premises sign shall be incandescently illuminated by more than one and one-quarter (1¼) watts of electrical power per square foot of sign area, or be fluorescently or otherwise illuminated by more that one want of electrical power per square foot of sign area.
c. Wiring for indirectly illuminated signs shall be installed in accordance with the current edition of the National Electrical Code.
4. Multiple Tenant Buildings. In buildings with multiple tenants, it shall be the building owner’s responsibility to assign the allowed sign size and location between tenants to comply with the sign code.
5. Signs with Opposing Faces. Signs with opposing faces that are one hundred thirty-five degrees or less shall be considered a two-sided sign and only one side of the sign shall be used in calculating sign size. If the opposing faces of a sign are more than one hundred thirty-five degrees, both opposing faces shall be used in calculating sign size.
6. International Building Code and Uniform Sign Code. All signs shall be constructed and erected in conformance with the current edition of the International Building Code Appendix H, Signs, and the Uniform Sign Code, as the same now exists or as may be hereafter amended, which is hereby adopted and incorporated herein by this reference as if fully set forth.
B. Design and Location Requirements. Except as provided in subsection (C) of this section, the signs specified below shall comply with the requirements set forth herein.
1. Directory Signs. In addition to all other signs allowed in this chapter, each business shall be permitted one wall directory sign not to exceed four square feet per business or use attached flush with the wall. Individual signs within an approved directory sign may be added, moved or substituted with signs for new businesses or uses without going through the design review process; provided, that the design is consistent and the provisions of the original permit are met.
2. Freestanding Signs. For buildings which are located at least ten feet or more back from any street frontage, a single freestanding sign located in the area that the building is ten feet or more from the frontage and the otherwise allowable wall signage may be substituted for the otherwise allowable signs. Any such freestanding sign shall be entirely within the yard area, shall not obstruct public walkways, and shall not be placed where a vehicle driver’s visibility might be obscured including, but not limited to, intersections, alleys, and driveways. The maximum area of freestanding signs shall not exceed twenty-five square feet; provided, that parcels with more than fifty feet of frontage on any one street may increase the maximum size of the sign located on that street frontage by one square foot for each ten lineal feet of street frontage in excess of fifty feet, to a maximum size of fifty square feet. A freestanding sign may only be allowed on a lot that has at a minimum fifty feet of width at the street frontage. Corner lots and through lots shall only be allowed to calculate frontage on one street. Freestanding signs shall not exceed sixteen feet in height or the highest point of the structure, whichever is less. Flagpoles, crosses, etc. shall not be used in calculating structure height.
3. Off-premises Signs. Each business shall be allowed a maximum of two off-premises signs, which may be comprised of either signs requiring permits, no permit required portable signs, or a combination of both. Any sign not on-premises is considered off-premise, including all signs on sidewalks in the Downtown Business district. Public sidewalks, streets, and rights-of-way adjacent to businesses are not considered “premises.” Portable signs on the sidewalk or street right-of-way adjacent to a business are considered “off-premises.”
4. Projecting Signs. The total area of all projecting signs shall not exceed fifteen square feet or project more than five feet from the building face for an individual business. The structure around or supporting the sign, such as wrought iron work, shall not be included in the total sign area.
5. Portable Signs.
a. Portable signs are limited to two on-premises signs and may be also used as a portion of allowable off-premises signs. Portable signs may not be illuminated.
b. Size and placement regulations for real estate signs are in the Exempt Sign section (PMC 16.28.050).
c. Maximum size/height: Portable signs placed on street rights-of-way or sidewalks shall have a maximum height of seventy two inches, a maximum width of thirty eight inches, and a maximum area of fifteen square feet including frame (total height times total width).
d. Portable signs placed within a clear vision area shall have a maximum height of thirty-six inches above the crown of the adjacent street and a maximum width of thirty-eight inches. Portable signs shall be located so as not to create a traffic hazard by obstructing the vision of motorists on private property or public right-of-way.
e. Owners of portable signs shall assume liability for damage or injury resulting from their use.
16.28.065 Portable signs in the downtown business zone.
A. No more that one portable sign may be displayed per business.
B. Portable signs located at the outer edge of the sidewalk/right-of-way shall be placed in such manner to as to minimize interference with opening of car doors, bus stops, loading zones, or pedestrian traffic.
C. Portable signs placed at the outer edge of the sidewalk must either be no more than thirty-six inches above the crown of the adjacent street or be placed twenty feet away from the crosswalk (at the end of the no parking area).
D. Portable signs may be placed either at the outer edge of the sidewalk or next to the building as long as they do not conflict with obstruction rules in subsection (E) of this section.
E. Portable signs shall be placed such that they leave at least a five-foot wide unobstructed sidewalk. In the event of placement on a sidewalk which does not have a constructed clear width of five feet due to light poles or other allowed construction, the placement of the sign shall not narrow the clear width to less than the width would be without the sign.
F. Suspended Signs. One suspended sign may be substituted for a projecting sign; provided it does not exceed six square feet in area, twelve inches in height, or six feet in length.
G. Swinging Signs. Swinging signs in which the mounting is no more than six feet high may have pivoting/swiveling connections which easily disconnect.
Swinging signs in which the mounting for the swinging portion is more than six feet above the ground shall have any swinging section fastened with permanent, closed loop or compete circle bearing designed to withstand both static loads appropriate for the weight and wind loads of up to eighty miles per hour. Materials shall meet the requirements of IBC Appendix H, Signs.
H. Wall Signs. The maximum area for the total of all permitted wall signs for any single wall plane shall not exceed ten percent. This shall include all window and door areas and shall be measured from the sidewalk or ground line to the building eave line or parapet.
I. Exceptions to Design Requirements. The following are exceptions to the design requirements set forth in PMC 16.28.060B.
1. Gas Stations. Gas stations shall be limited to a maximum of two of these signs: canopy, wall, freestanding, or projecting. Gas station canopy signs are allowed a maximum area of fifty square feet per side on any two sides and a business symbol, not to exceed twelve square feet, may be allowed on a third side. For gas stations with highway frontage, freestanding signs shall not exceed twenty-five feet in height or the highest point of the structure, whichever is less. The maximum area shall be fifty square feet for all freestanding and projecting signs. For gas stations without highway frontage, freestanding signs shall not exceed sixteen feet in height or the highest point of the structure, whichever is less. The maximum area shall be twelve square feet. Only one freestanding sign shall be allowed per business property or parcel. The maximum area of projecting signs shall be fifteen square feet. Flagpoles, crosses, etc. shall not be used in calculating structure height.
2. Highway Frontage. Only the following signs may be located within highway frontage and shall conform to the following standards:
a. Projecting and Freestanding Signs. Projecting and freestanding signs shall be allowed with a maximum area of fifty square feet for all projecting and freestanding signs. More than one freestanding sign shall be allowed; provided freestanding signs are spaced a minimum of fifty feet apart. The maximum area for all projecting and freestanding signs shall be fifty square feet; provided, that parcels with more than one hundred feet of frontage on any one street may increase the maximum size of the sign(s) located on that street frontage by one square foot for each ten lineal feet of street frontage in excess of one hundred feet, to a maximum sign(s) size of seventy-five square feet.
Freestanding signs shall not exceed twenty-five feet in height or the highest point of the structure, whichever is less. Flagpoles, crosses, etc. shall not be used in calculating structure height.
b. Directory Signs. The same requirements apply as set forth in PMC 16.28.060(B).
c. Portable Signs. The same requirements apply as set forth in PMC 16.28.060(B).
d. Wall Signs. The same requirements apply as set forth in PMC 16.28.060(B).
3. Motels. For motels with more than one hundred feet of street frontage, an additional projecting sign, not to exceed thirty-two square feet, shall be allowed.
4. Mobile Home Parks. Signs and advertising devices shall be prohibited in a mobile home park except as follows:
a. One identifying sign at the entrance of the mobile home park which may be indirectly lighted but shall be non-flashing and which shall not exceed thirty-two square feet in area and six feet in height.
b. Directional or information signs for the convenience of tenants and the public relative to parking, office, traffic movement, etc.; provided such signs are not larger than two square feet in area.
c. A sign within the buffer or the setback area along a public or private road shall be no more than forty-two inches in height.
5. Residential Development, Residential Subdivision and Planned Development Identification Signs. Provided that such signs give only the name and street address of the development or subdivision, residential development, residential subdivisions and planned development signs shall be placed at the entrance to the development or subdivision and shall not obstruct visibility, create blind spots or obstruct pedestrian travel. Signs shall be a maximum of fifty square feet, and shall not exceed four feet in height. Signs shall be limited in number to one per development or subdivision entrance. If lighting is installed, said lighting shall be shielded and directional. The term residential development shall include condominium developments.
6. Conditional Use Permit Requirements. For those zoning districts within this title wherein the following are specified as conditional uses, the following requirements shall be met:
a. Bed and Breakfast. Signs in residential districts shall not exceed twelve square feet in area. Freestanding signs shall not exceed ten feet in height and shall be located within the property boundaries. Only one sign shall be allowed on any site or structure. Signs in all other districts are subject to the provisions of this chapter.
b. Churches. Signs in residential districts shall not exceed a total of eighteen square feet in area. Freestanding signs shall not exceed ten feet in height and shall be located within the property boundaries. Signs in all other districts are subject to the provisions of this chapter.
c. Gas Stations. Gas station signs shall be limited to a maximum of two of these signs: canopy, wall, freestanding, or projecting. Gas station canopy signs are allowed a maximum area of fifty square feet per side on any two sides and a business symbol, not to exceed twelve square feet, may be allowed on a third side. Freestanding signs shall not exceed twenty-five feet in height or the highest point of the structure, whichever is less. Flagpoles, crosses, etc. shall not be used in calculating structure height.
d. Historical Sites or Structures. Historical site or structure signs in residential districts shall not exceed twelve square feet in area. Freestanding signs shall not exceed ten feet in height and shall be located within the property boundaries. The sign shall include only the name of the site or structure, hours of visitation and admission charges, if any. Only one sign shall be allowed on any site or structure. Signs in all other districts are subject to the provisions of this chapter.
e. Home Occupations. Home occupation signs in residential districts shall not exceed four square feet in area. Freestanding signs shall not exceed six feet in height and shall be located within the property boundaries. Only one sign shall be allowed and said sign shall be nonilluminated. Signs in all other districts shall be subject to the provisions of this chapter.
f. Motels. Motel signs in residential districts shall not exceed a total of twelve square feet in area. Freestanding signs shall not exceed fifteen feet in height and shall be located within the property boundaries. Signs in all other districts are subject to the provisions of this chapter.
g. Public and Commercial Parking Lots. Public and commercial parking lot signs in residential districts shall not exceed twelve square feet in area. Freestanding signs shall not exceed fifteen feet in height and shall be located within the property boundaries. Only one sign shall be allowed for each off-street parking area and said sign shall be nonilluminated. Signs in all other districts are subject to the provisions of this chapter.
7. Nonconforming Uses. For those zoning districts in which nonconforming uses have been permitted, there shall be no commercial advertising except one non-illuminated sign not exceeding four square feet in area or six feet in height and such sign shall be located within the property boundaries.
8. Ghost Signs. Ghost signs on Historic structures are considered a part of the historic fabric of the structure and are not considered in sign area calculations. (Ord. 815 §1 (part), 2005).
16.28.070 Historic district and historic register signs.
Signs in the Downtown Pomeroy Historic District and associated with properties on the Pomeroy Local Historic Register shall be constructed using the following guidelines.
A. Signs are to be of the type and design (lettering, materials, or faux materials, coloring, mounting, etc.) found in signs of downtown Pomeroy from 1900 through 1935 except for buildings constructed at an earlier or later date, in which the signage would match the period of construction.
B. Blade signs and hand painted appearance are encouraged.
C. Internally lit signs are not acceptable.
D. Use of glossy plastics, bright colors, and other materials not available during the 1900 through 1935 are not acceptable, with the exception of modern materials creating an imitation or mimic of older type materials.
E. Review of the Pomeroy Community Revitalization Design Guidelines is recommended.
F. Sign designs are to be submitted to the Pomeroy Historic Commission for review and approval. (Ord. 815 §1 (part), 2005).
16.28.080 Nonconforming signs – Provisions for amortization.
A. Purpose. The ultimate purpose of any zoning or land use regulation is to confine certain classes of buildings to certain localities and to restrict other uses. The continued existence of those which are nonconforming are inconsistent with these goals, and therefore nonconforming buildings and uses should be reduced to conformity as completely and quickly as possible without causing substantial injustice.
The city council recognizes that, absent specific regulations, nonconforming uses may tend to flourish. It is not the city’s intent that nonconforming signs continue in perpetuity.
The city council finds there are reasonably priced alternatives to the maintenance of nonconforming signs and the periods for amortization listed below will provide owners of existing nonconforming signs with a reasonable opportunity to obtain other alternative signs and a period to amortize the reasonable economic life and use of any existing nonconforming signs.
B. Nonconforming Signs Into Compliance. Any legally nonconforming permanent sign shall be discontinued or brought into compliance no later than January 1, 2016. Any portable signs not conforming in size or construction shall be discontinued or be brought into compliance no later than ninety calendar days from notification of noncompliance. Any portable signs not conforming in location (e.g., in clear vision area, improper placement on sidewalk) shall be discontinued or brought into compliance no later than thirty days from notification of noncompliance.
C. Notice. Permanent Signs. The director of public works will provide written notice of the expiration of the amortization period for permanent signs to the person responsible for said sign(s) at their last known address and provide notice to the owner of the property on which the sign is located. The city will utilize the tax assessor’s office to find the latest, updated address for the property owner. Said notice will be provided by mail, postmarked no later than thirty days prior to the cut-off date provided for in this section for request for consideration/extension (seven months prior to expiration of amortization period), unless extenuating circumstances as determined by the city require otherwise.
Portable Signs. The director of public works will provide written notice of the expiration of the amortization period for portable signs to the person responsible for said sign(s) at their last known address. Said notice will be provided by certified mail, unless extenuating circumstances as determined by the city require otherwise.
D. Request for Consideration/Extension of Permanent Signs. The city has established the time periods stated in the above subsection with the understanding that these time periods provide a reasonable time period to recover the life expectancy of most signs. However, the city recognizes there may be special, unusual circumstances that may fall outside of those parameters.
1. Any person aggrieved by the imposition of the amortization clause for permanent signs may request a review of such application of the clause. The request for review shall be filed with the city not later than six months prior to the expiration of the amortization period. The review shall be heard by the city council pursuant to Chapter 16.06 PMC.
2. The aggrieved applicant has the burden of establishing the unreasonableness of the amortization period and must provide evidence showing the particular period is unreasonable.
3. The city council shall consider such things as lease obligations, life expectancy of the nonconformance, depreciation and the actual amount invested in the nonconforming sign. The city council shall also consider alternative uses available to the applicant to bring the design into compliance. The city council shall not consider replacement costs or fair market value in determining the value to the applicant.
4. The city council shall also consider the benefit to the public that is derived from the termination of the nonconformance, including: the concern for safety of vehicular and pedestrian traffic; whether distracting signs may serve to break the concentration of those using the roads with the result of loss of life or property; or the location of the sign so as not to impair the safety of a moving vehicle by obscuring the driver’s vision. In addition, the city council is to consider the promotion of public safety, the promotion of aesthetic values and the interest of the general welfare.
5. The city council shall consider the preservation and improvement of the city’s physical environment, natural amenities and desirable characteristics of the city, as set forth in the city’s land use regulations. The city council may consider any combination of these legitimate public concerns; however, the city council may not rely solely upon the promotion of the aesthetic values to the city in supporting the amortization period.
6. The city council shall conduct a balancing of interest, considering the interest and hardship to the applicant, and whether the hardship to the applicant reasonably outweighs the benefit the public would derive from the termination of the nonconformance. If after careful consideration, the city council finds the amortization period as applied to the applicant’s nonconformance would result in a greater hardship to the applicant than benefit to the public, the city council may extend the amortization period to a point in time, where the balancing of interests would support the termination of the nonconformance. In no event shall this amortization period be greater than three additional years.
E. Loss of Nonconforming Status Amortization Eligibility. A nonconforming sign shall immediately lose its nonconforming amortization eligibility if:
1. The sign is altered in any way or moved;
2. The business changes ownership;
3. The sign is replaced; or
4. Any new sign is erected or placed in connection with the enterprise using the nonconforming sign.
On the happening of any one of subparagraphs 1, 2, 3, or 4, of this subsection, the sign shall no longer be designated a nonconforming amortization eligible sign and the administrator shall notify the sign user, sign owner, and owner of the property upon which the sign is located of cancellation of the designation and the sign shall immediately be brought into compliance with this chapter and a new sign permit secured therefore, or shall be removed within ten days of notification. (Ord. 815 §1 (part), 2005).
16.28.090 Administration.
A. Permit Requirement. No sign governed by the provisions of this chapter shall be erected, altered or relocated from and after the effective date of the ordinance codified in this chapter without a permit issued by the city. Sign permits are considered building permits and will be processed as a Type I application pursuant to Chapter 16.06 PMC.
B. No permit shall be required for repainting, cleaning, or other normal maintenance and repair of a sign or sign structure or the changing of the copy or message thereon using the same materials and colors as the original unless a size or structural change is made, excepting, if the sign is located in a Historic HD or HR designation area, then any changes must follow those guidelines in PMC 16.28.070, Historic District and Historic Register Signs.
C. Permit Applications. 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 authorized agent. Such application shall be made in writing on forms furnished by the city. Only fully completed applications shall be accepted.
The application for a sign permit shall be accompanied by the following plans and other information:
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 structure.
3. A drawing shall be submitted along with the sign permit application. This drawing shall be on paper capable of being folded for storage in an eight and one-half by eleven inch file, and shall become the property of the city. The drawing shall include the following:
a. An accurate drawing, to a scale appropriate for showing all detail, of the sign including all mounting structures and devices.
b. An accurately scaled drawing of all building faces to be signed, including the scaled outlines of all existing and proposed signs, in the case of wall and projecting signs.
c. An accurately scaled site plan, showing the location of building(s), street(s), and sign(s) in the case of freestanding signs.
D. Application Fees. An application fee shall be paid to the city and shall accompany an application for sign permit. The application fee shall be set by resolution of the city council.
E. 1. Enforcement Authority. The sign code shall be administered and enforced by the director of public works or his/her designee.
2. Administration. All signs in the city requiring a permit shall be reviewed by the director of public works who shall consider the proposed general design, arrangement, size, lighting, placement and appropriateness of the proposed sign in relation to other signs and other structures on the premises and contiguous area in keeping with the intent of this chapter.
Sign designs for signs in the Downtown Pomeroy Historic District or other locations on the Pomeroy Local Historic Register are to be submitted to the Pomeroy Historic Commission for review and approval prior to final approval by the director of public works.
The director of public works shall approve or deny the permit. (Ord. 815 §1 (part), 2005).
16.28.100 Variances.
A. Any person may apply to the city council for a variance from the requirements of this chapter. The sign variance shall be processed as a Type III permit process in the same manner as set forth in Chapter 14.22, Zoning, as now exists or as may be hereafter amended. A fee may be charged based on processing costs as provided for by city council resolution. In making any favorable decision on a variance application, the city council must adopt findings of fact and conclusions based on those findings shown to meet the criteria set forth in PMC Chapter 14.22.
B. Application for a variance on the same grounds shall not be heard within one year of the date of the city council’s decision.
16.28.110 Appeals.
Appeals from the decision of the city council shall be made to the Garfield County superior court following the procedures for a Type III permit process. (Ord. 815 §1 (part), 2005).
16.28.120 Enforcement and sign removal.
A. Ordinance Violations and Enforcement. The remedies provided in this section for violations of or failure to comply with provisions of this chapter, or for sign removal, shall be cumulative and shall be in addition to any other penalty or remedy provided by this title or by law.
1. Civil Remedies. The violation of or failure to comply with any of the provisions of this chapter, or the erection, use or display of any sign not in compliance with all of the provisions of this chapter is declared to be unlawful.
a. Injunction and Abatement. The city, through its authorized agents, may initiate injunction or abatement proceedings or other appropriate action in the appropriate court, against any person who violates or fails to comply with any provision of this chapter, or against the erector, owner or user of an unlawful sign or the owner of the property on which an unlawful sign is located, to prevent, enjoin, abate or terminate violations of this chapter and/or the erection, use or display of an unlawful sign.
b. Civil Penalty. Any person who violates or fails to comply with any of the provisions of this chapter or the erector, owner or user of an unlawful sign if located shall be subject to a maximum civil penalty of $250.00 for each day or portion thereof that the use or display of the unlawful sign has continued, except that the owner of property on which an unlawful sign is located, who is not also the owner or user of the unlawful sign, shall be subject to the penalty only if demand for removal or alteration of the unlawful sign shall have been mailed to said owner at his last known address by registered mail, return receipt requested, and the demand has remained uncomplied with for more than thirty days.
c. 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 a reasonable attorney fee at trial and in any appeal incurred by the city.
B. Removal of Unlawful Sign.
1. Any unlawful sign which has not been removed within thirty days after imposition of civil penalty under this chapter 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 thirty days of its removal by the city, the city shall be entitled to file with the Garfield County Auditor a lien against the real estate on which the sign is located to secure repayment of such costs and expenses of removal by the city and such lien may be foreclosed in the manner provided by Washington law for the foreclosure of labor and materialman 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.
2. Signs which the director of public works finds upon public streets, sidewalks, rights-of-way or other public property, or which wheresoever located present an immediate and serious danger to the public because of their unsafe condition may be immediately removed by the director of public works without prior notice.
3. 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 (B) of this section. (Ord. 815 §1 (part), 2005).
16.28.140 Violations – Penalties.
A. Notwithstanding any provisions to the contrary set forth in any of the Codes adopted pursuant to this chapter, any person firm or corporation who shall violate any of the provisions of this chapter or who shall fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city council, or by a court of competent jurisdiction, within the time fixed by the provisions of this chapter, shall severally for each and every such violation or noncompliance, be guilty of a misdemeanor, subject to penalty as set forth in Chapter 1.12 PMC, as now exits or as may be hereafter amended. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. When not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate misdemeanor offense.
B. The instigation of misdemeanor proceedings in accordance with subsection (A) of this section shall not prevent the city from exercising all available civil remedies to force removal of prohibited conditions or compliance with this chapter. (Ord. 815 §1 (part), 2005).