Chapter 15.10
SIGNS
Sections:
15.10.015 Scope – Murals – Exemptions.
15.10.020 Permit – Application procedure – Fee.
15.10.030 Sign construction regulation.
15.10.035 Western theme requirements.
15.10.040 Maintenance requirements – Inspection – City not liable.
15.10.050 Notice requirement – Revocation of permit – Dangerous signs.
15.10.060 Maintenance of sign after revocation of permit – Penalty – Temporary signs.
15.10.065 Temporary signs – Location and duration requirements.
15.10.066 Existing nonconforming signs.
15.10.070 Placement restrictions.
15.10.080 Revocation or refusal of permit – Hearing – Appeal.
15.10.090 Violation – Penalty.
15.10.005 Purpose statement.
The purpose of this chapter is to not only promote the use of signs which are both functional and attractive in appearance through a sign regulations and permit system, but also complementary to the Old West murals that currently abound in the city of Toppenish and reflect the diversity of Toppenish’s ethnic population. This code 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 or general welfare. Further, it is recognized that Toppenish is located in a valley having a historical significance, and that this significance has led to the adoption of an Old West theme. This theme of the Toppenish Mural Society’s perceived documentation of the city of Toppenish, circa 1880 to 1920, forms the basis on which the Toppenish’s thriving tourist industry so heavily depends. Signs stylistically complementing the Old West will form a key part of the overall visual attractiveness of the city and thereby contribute to the aesthetic and economic well-being of Toppenish. (Ord. 2010-4, 2010).
15.10.010 Definitions.
For purposes of this chapter, the following terms, phrases, words and their derivatives shall be construed as specified in this section:
“Abandoned sign” means any sign which represents or displays any reference to a business or use which has been discontinued for 60 or more consecutive days or for which no valid business license is in effect in the city. “Abandoned sign” shall also mean any sign remaining in place after it has not been maintained for a period of 60 or more consecutive days.
“Animated sign” means any sign which uses movement or change of lighting to depict action or to create a special effect or scene.
“Area” or “sign area” means, for regularly shaped signs, the simple area of the sign. For irregularly shaped signs, the area shall be that of the rectangle, triangle or circle (whichever is smaller) which will wholly contain the sign. The structure supporting a sign shall not be included in determining the area of the sign unless the structure is designed in a way to form an integral background for the display. In the case of a wall mural incorporating commercial wording, the sign area includes only the portion of the mural which contains the wording circumscribed as set forth in this definition.
“Banner” means any sign intended to be hung, with or without framing, and possessing characters, letters, illustrations or ornamentations applied to fabric or any nonrigid material. Governmental flags shall not be considered banners.
“Billboard” means a large outdoor panel or structure with a sign that displays advertisements in a public place, such as alongside a roadway or on the side of a building. See TMC 15.10.036(K).
“Commercial” means any activity carried on for financial gain.
“Electronic message center sign” means a computerized programmable electronic visual communication device designed for an outside environment that is capable of storing and displaying different images and formats.
“Erect” means to build, construct, attach, place, affix, raise, assemble, create, paint, and draw or in any other way bring into being or establish.
“Existing nonconforming sign” means any sign located within the city limits on the date of adoption or amendment of the ordinance codified in this chapter, which does not conform with the provisions of this chapter, as amended, but which did conform to all applicable laws in effect on the date the sign was erected. Existing nonconforming signs shall not include temporary signs. See TMC 15.10.066.
“Flashing sign” means a sign which contains an intermittent or sequential flashing light source used primarily to attract attention.
“Freestanding sign” means a sign, not attached to any building or structure, which is securely and permanently attached to the ground. See TMC 15.10.030(B) and (D).
“Interactive sign” means an electronic or animated sign that reacts to the behavior or electronic signals of drivers.
“Maintained” means not broken, torn or ripped, securely attached or affixed to the supporting structure, clean in appearance, without chipped, faded or peeling paint or finish, or otherwise in a condition a reasonable person would deem in good condition.
“Maintenance” means the cleaning, painting and minor repair of a sign in a manner that does not alter the basic design, size, color or structure of the sign.
“Nit” means a unit of illuminative brightness equal to one candle per square meter, measured perpendicular to the rays from the source, i.e., as measured from a sign’s face.
“Planning commission” means the advisory commission created by Chapter 2.30 TMC.
“Political sign” means a temporary sign advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with local, state or national election or referendum.
“Portable sign” means any mobile, movable sign or sign structure, such as a sandwich board sign, which is not securely attached to the ground or any other structure. See TMC 15.10.015.
“Roof sign” means any sign erected or constructed wholly upon and over the roof of any building and supported on the roof structure; provided, however, that a sign located on a roof of a canopy shall be regarded as a projecting or freestanding sign. See TMC 15.10.030(C).
“Sign” means any letter, number, figure, character, mark, point, design, drawing, message, painting, placard, billboard, poster, pictorial, picture, stroke, stripe, line, trademark, sandwich board, reading matter or other thing, which shall be constructed, designed, intended, used, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever, so that the same shall be used to advertise or inform, for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever, which is displayed in any manner outdoors, or indoors if any part of the contents of which is visible from any place on a public street.
“Temporary sign” means a sign used to advertise a passing event. Examples include but are not limited to a political sign, a real estate “for sale” sign, including realtor information, and any other sign advertising a matter limited in time, such as a yard sale, a fund-raising activity, or a sales promotion. See TMC 15.10.065. (Ord. 2011-10 § 1, 2011; Ord. 2010-4, 2010).
15.10.015 Scope – Murals – Exemptions.
A. This chapter applies within Toppenish city limits 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, including portable (sandwich) signs, must comply with the requirements of this chapter.
B. Murals which are based upon accurate historical research of a local person or event and which have been approved by the Toppenish Mural Society are not subject to this chapter.
C. The following are either not signs as defined in this chapter or are otherwise exempt from this chapter:
1. Gravestones;
2. Barber poles;
3. Memorials and historic plaques;
4. Official and legal notices issued by any court or public body;
5. Directional, warning or information signs required or authorized by law;
6. “Entrance” and “Exit” signs;
7. School and hospital signs; and
8. Signs advertising community events such as fund raising activities conducted by the Chamber of Commerce, the Rodeo Association, local service clubs, the Toppenish Mural Society or other local nonprofit organizations. (Ord. 2012-5 § 1, 2012; Ord. 2010-4, 2010).
15.10.020 Permit – Application procedure – Fee.
A. It is unlawful to place, alter, maintain, erect, install, repair or re-erect any sign in the city without complying first with the provisions of this chapter relating to signs, and no sign shall be erected, installed, repaired, altered, or re-erected in a different location in the city without first securing a permit therefor as provided in this section.
B. Any sign maintained, erected, installed, repaired, altered, re-erected, modified or erected without prior approval or permits, as required by this chapter, shall be removed or completely covered at owners’ expense within 24 hours upon written notification by the building official or his designee. Failure to comply with such written order shall subject the sign owner to the penalties as described in TMC 15.10.090.
C. Any person desiring to obtain a sign permit shall obtain the application from the city, which application shall be on a form provided by the City and shall require information showing the type of construction, supports, design drawings and location of the sign and other information as may be necessary to determine the compliance of the sign with this chapter. The application shall be filed with the building official and shall be accompanied by permission in writing of the owner of the building or property on which the sign is to be erected, together with the permit fee (see subsection G of this section regarding permit fees).
D. The building official shall promptly, within a reasonable time, consider such application, and if it appears therefrom that the sign will comply with the provisions of the ordinances of the city, the building official shall issue a preliminary permit conditioned upon construction of the sign in compliance with the approved application. No sign for which a preliminary permit has been issued shall be erected unless it has first been inspected by the building official and been found to comply with the approved application and the preliminary permit. Upon completing the inspection and finding the sign to be in compliance, the building official shall issue a final permit.
E. A preliminary permit shall expire and become null and void 90 days after the date of the preliminary permit unless a final permit has been issued. A final permit shall expire and become null and void 30 days after the date of the final permit unless the sign has been erected.
F. The building official shall have authority to grant an extension of the expiration date of any permit, not to exceed 45 days, if the permit holder has submitted a written request for the extension at least 15 days prior to the expiration date and has shown good cause for the extension.
G. The permit fee for signs as defined in TMC 15.10.010 shall be established by resolution of the city council, as amended from time to time. The fees required by this section shall not apply to nonprofit, charitable, temporary, or political signs, or to changes on a reader board. (Ord. 2017-01 § 1, 2017; Ord. 2010-4, 2010).
15.10.030 Sign construction regulation.
A. No sign shall be hung so that the bottom thereof shall be less than 10 feet above the sidewalk, and all signs that come within three feet of a vertical line with the outside edge of the curb shall be 15 feet above the sidewalk.
B. In residential-zoned areas of the city (R1 and R2 zoning districts), all signs which are freestanding shall:
1. Be a maximum of eight feet high;
2. Not exceed 40 square feet on each side.
C. In residential-zoned areas of the city (R1 and R2 zoning districts), no roof-top signs shall be allowed.
D. In commercial-zoned areas of the city (B1, B2 and B3 zoning districts), all signs which are freestanding shall:
1. Not obstruct the view of surrounding businesses;
2. Be a maximum of 30 feet high; except, they may be a maximum of 40 feet high along the following roadways: (a) Within the B-2 general business district along South Elm Street from Washington Avenue through the intersection with State Route 22 onto Highway 97 to the south city limits; and (b) along West First Avenue from South Beech Street to the west city limits.
3. Have an area not to exceed 200 square feet on each side.
E. In commercial-zoned areas of the city (B1, B2 and B3 zoning districts), signs which are building-mounted shall:
1. Not obstruct the view of surrounding businesses;
2. Not exceed 15 feet above roof line. (Ord. 2010-4, 2010).
15.10.035 Western theme requirements.
In addition to the requirements set forth elsewhere in this chapter, all signs must comply with the following requirements:
A. Except as may be approved by the planning commission for corporate logos, as specifically set forth below in subsection E of this section, lettering and colors shall conform to the list of fonts and colors as approved by the planning commission and maintained by the building official, which list shall include the corresponding Pantone color numbers that have been approved by the planning commission. Colors of paint, plastic, vinyl or other material must match the appropriate Pantone matching system color number that is equivalent to the color on the planning commission’s list that has been approved, but if an exact match cannot be made because the manufacturer of the colored material does not use the Pantone system, then a color may be used that substantially matches the approved Pantone system number, if approved by the planning commission.
B. Hot, fluorescent, or neon colors are not allowed.
C. Artwork on signs, including bordering, pictures or graphics, is not required but if used must complement the western theme. Examples of artwork which have been approved by the planning commission are maintained by the building official.
D. Signs shall not distract or otherwise take away from the overall appearance of the western theme. See TMC 15.10.036.
E. The planning commission shall have the authority to approve corporate logos which have lettering, fonts, and colors other than those described in subsection A of this section, if they are part of a graphic design used by commercial enterprises, organizations or institutions on their signs as unique icons, marks, emblems or words by which they can easily be recognized by the public, provided they comply with subsections B, C and D of this section. (Ord. 2012-5 § 2, 2012; Ord. 2010-4, 2010).
15.10.036 Prohibited signs.
The following signs are prohibited:
A. Temporary door and window signs not related to business activities, except signs advertising community events, such as Mural Society, Chamber of Commerce, local service club, and Rodeo Association fund-raising activities.
B. Digital signs in doors and windows, such as electronic message boards and signs that flash or strobe, except “open” and “closed” signs that are no larger than one foot by two feet in overall size.
C. Interactive signs, other than those used for public safety as determined by the building official, public works director, police chief or fire chief.
D. Animated signs.
E. Flashing signs.
F. Electronic message center signs, except those that are part of and within a permitted sign and meet all of the following requirements:
1. Size does not exceed 40 percent of the area of the sign of which it is a part;
2. Does not display moving images; provided, that static images may be changed up to twice in any 24-hour period; and provided further, that the numerals in time and temperature displays may change from moment to moment as their accuracy may require;
3. Is factory preset to limit brightness levels to 5,000 nits or less during daylight hours and 500 nits between dusk and dawn;
4. Includes an ambient light meter to automatically dim the sign to 500 nits or less between dusk and dawn;
5. Is certified by the manufacturer to have brightness levels that fall within the nit limitations specified above.
G. Strobe lights.
H. Banners on display for more than 90 days, and banners that are out of date or torn, ragged, or dilapidated.
I. Projection signs not designed by a structural engineer and not approved by the planning commission.
J. Temporary window and door signs which exceed 33 percent of the surface area of the windows on which they are displayed. Exception: “open” and “closed” signs that are no larger than one foot by two feet in overall size.
K. Billboards.
L. Abandoned signs. (Ord. 2011-10 § 2, 2011; Ord. 2010-4, 2010).
15.10.040 Maintenance requirements – Inspection – City not liable.
Signs shall not be abandoned and must be kept and maintained in a good state of repair at all times and shall be subject to inspection by the building inspector of the city; provided, however, that in no case shall the city be liable for neglect or failure to keep signs in good condition, nor shall the city be liable for any damage caused by any sign or object hung over the streets or sidewalks. (Ord. 2010-4, 2010).
15.10.050 Notice requirement – Revocation of permit – Dangerous signs.
A. If, upon inspection by the building inspector, it is determined that any sign is in need of repair, the building inspector shall notify the owner of the sign to place the same in a good state of repair; or, if the business has been closed, shall send by mail to the owner of the property notice to remove the sign within 60 days from the date of the mailing of the notice. A 30-day reminder shall be mailed to the owner of record to comply with the 60-day notice.
B. Any failure or neglect of the owner of a sign to comply with the provisions of such 60-day notice shall be considered a violation of the terms of this chapter, and shall be grounds for the revocation of the permit for the said sign. The city manager shall be authorized in such cases to revoke any such permit.
C. If, upon inspection by the building inspector, he determines a sign is hazardous to public safety, the building inspector shall order the immediate repair or removal of said sign. The procedure to be used in such repair or removal shall be the same as set forth in the dangerous building code of the city for repair or removal. (Ord. 2010-4, 2010).
15.10.060 Maintenance of sign after revocation of permit – Penalty – Temporary signs.
A. It is unlawful to maintain a sign after the revocation of a permit therefor. Any person maintaining a sign after the revocation of the permit therefor shall be subject to the penalties set forth in TMC 15.10.090, and each day’s maintenance shall constitute a separate offense.
B. It is unlawful to maintain or to fail to remove temporary signs, including but not limited to yard sale signs, political signs and signs which advertise special events, within seven days after the completion of the event advertised. (Ord. 2010-4, 2010).
15.10.065 Temporary signs – Location and duration requirements.
A. It is unlawful for any temporary sign to be erected more than 50 days before or seven days after the event which it advertises.
B. It is unlawful for any temporary sign to have a sign area of more than 32 square feet.
C. Sign permits are not required for temporary signs.
D. Any temporary sign erected or maintained contrary to the provisions of this section is a public nuisance. If the owner of the sign fails to comply with this section or remove any such sign within five days after being notified to remove the sign, he is guilty of a civil infraction. The procedural requirements for issuing a notice of civil infraction, the duties and rights of the parties, the hearing procedures, penalties, restitution, and all other matters regarding processing a civil infraction notice shall be as set forth in Chapter 2.90 TMC. In addition to the penalties imposed by law upon conviction, an order may be entered compelling removal of the sign. Each day the sign is maintained constitutes a separate offense.
E. If the owner of the sign is not found or fails to remove the sign after five days’ notice, the code enforcement officer of the city shall abate the nuisance and destroy the sign. The owner of the sign shall compensate the city for the actual cost of abating the nuisance. If the nuisance is abated pursuant to this section, the city shall not incur any liability for the value of the sign. (Ord. 2013-1, 2013; Ord. 2010-4, 2010).
15.10.066 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. Existing nonconforming signs damaged or altered in any manner shall be repaired or replaced with a sign that meets the requirements of this chapter. All existing nonconforming signs that were erected pursuant to a permit approved by the planning commission or the former design review board shall be brought into compliance with this chapter on or before December 31, 2020. The owners of all other existing nonconforming signs that were erected without the proper permit shall have until August 1, 2010, to apply for the permit as provided under TMC 15.10.020. Appeals shall be heard as provided by TMC 15.10.080. (Ord. 2010-5, 2010; Ord. 2010-4, 2010).
15.10.070 Placement restrictions.
It is unlawful hereafter to construct or maintain or cause to be constructed or maintained any sign under or on a marquee, awning or other projection extending over any sidewalk, unless the lowest part of the same is at least seven feet above the top of such sidewalk. It is unlawful hereafter to construct or maintain or cause to be constructed or maintained any sign, marquee, awning, cover or other projection over any street or public property other than sidewalks. (Ord. 2010-4, 2010).
15.10.080 Revocation or refusal of permit – Hearing – Appeal.
A. Revocation or Refusal of Permit. The hearing examiner may revoke or the city clerk may refuse to issue a sign permit for any violation by the applicant of the term of the permit, or of any ordinance, state or federal law relating thereto.
B. Hearing. A hearing shall be conducted by the hearing examiner before any such action. Not less than five calendar days prior to the hearing, the hearing examiner shall give written notice to applicant of the time and place of such hearing, which notice shall include a statement of the purpose of such hearing and shall notify the applicant of his right to be present and be heard at such hearing. After the hearing is held, the hearing examiner shall determine whether grounds exist for such action. The hearing examiner shall notify the applicant in writing of the hearing examiner’s findings and decision. In the event a permit is to be revoked as a result of such hearing, the notice to applicant shall specify the effective date of revocation.
C. Appeal.
1. Upon revocation of a permit by the hearing examiner, the applicant may appeal to the city council. The applicant must appeal in writing filed with the city clerk within five calendar days of the decision of the hearing examiner, setting forth the reasons for the appeal, or be forever barred.
2. The city council shall cause the appeal to be placed upon the city council agenda within 30 days from notice of the applicant, and conduct a hearing, giving the applicant and the city the opportunity to be heard. The decision of the city council is final. (Ord. 2010-4, 2010).
15.10.090 Violation – Penalty.
A. Any person, firm, corporation or other legal entity violating any of the provisions of this chapter shall be deemed to have committed a civil infraction and each such party shall be deemed to have committed a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted. The procedural requirements for issuing a notice of civil infraction, the duties and rights of the parties, the hearing procedures, penalties, restitution, and all other matters regarding processing a civil infraction notice shall be as set forth in Chapter 2.90 TMC. In lieu of a civil infraction notice, a voluntary compliance agreement may be entered into, in writing and signed by the responsible party, if it includes a specific plan to end the violation within 30 days. (Ord. 2010-4, 2010).