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HomeMy WebLinkAboutO-1609 - Repeals and replaces Ch. 16.16, sign code; repeals subsections (6), (7) and (8) of Sec. 18.24.040, zoning (Repealed by 2131)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.1609 AN ORDINANCE OF THE CITY OF MARYSVILLE ENACTING A SIGN CODE,REPEALING CHAPTER 16.16,AND SECTION 19.24.040 (6), (7),AND (8)OF THE MARYSVILLE MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: section 1:Chapter 16.16 of the Marysville Municipal Code, and all sections thereof,and Sections 19.24.040 (6), (7),and (8),are hereby REPEALED for the reason that the same are super- ceded by the provisions of this Ordinance. Section 2:A new Chapter 16.16 of the Marysville Municipal Code is hereby enacted to provide as follows: CHAPTER 16.16 SIGN CODE Section 16.16.010.Purpose.The purpose of this Chapter is to protect the health,safety,property and welfare of the citizens of the City of Marysville by establishing standards for the structural design,placement,size and maintenance of all signs and sign structures in the City.Furthermore,it is the purpose of the regulations,standards and criteria of this Chapter to permit and encourage the design of signs which are responsive to the needs of the public in locating a business establishment by identification,address and product and/or services information. The rapid economic development of the City has resulted in a great increase in the'number of businesses located in the City, with marked increase in the number and size of signs related to those businesses.This proliferation of signs has resulted in a reduced effectiveness of individual signs.As the number,size and intensity of signs increase without regard to quality and placement,the impact of the individual sign is diminished. Lack of control of signs may cause potentially dangerous conflicts between advertising signs and traffic control signs, thus destroying the effectiveness of both.The great increase in automotive traffic experienced within the City has greatly aggravated this danger. Furthermore,the uncontrolled use of signs and their shapes, motion,colors,illumination and their insistent and distracting demand for attention can be injurious to property values of both business and residential areas of the City,and may seriously Ordinance - I detract from the enjoyment and pleasure of the natural beauty of the City. It is recognized that businesses have a right to identify themselves and that this contributes to the economic wellbeing of the community.However,it is felt that this right can be exercised in such a way as to bring benefit to the public without adversely affecting the economic welfare of businesses.The responsible regulation of signs may,in fact,improve business opportunity as a result of the increased attractiveness of the City's environment. section 16.16.020.Definitions.For the purpose of this Chapter,the following definitions shall apply unless the context or meaning clearly indicates otherwise: 1.Abandoned Siqn:A sign which no longer identifies or advertises a bona fide business,lessor,service,owner, product or activity,or for which no legal owner can be found. 2.Awning Sign:The use of an awning attached to a building for advertisement,identification,or promotional purposes.Provided,that only that portion of the awning which bears graphics,symbols and/or written copy shall be construed as being a "sign." 3.Billboard:Billboard means an outdoor advertising sign or poster panel which advertises products,businesses, and/or services not connected with the site on which the sign is located,and which sign is a substantial permanent structure with display services of a type which are cus- tomarily leased for commercial purposes. 4.Building Official:The Compliance Officer or other City employee authorized by the Mayor to administer and enforce this Chapter. 5.Comprehensive Design Plan:The integration into one architectural design of the building,landscaping and signs. 6.Clearance of a Sign:The smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign,including framework and embellishments,extending over that grade. 7.Directional Sign:A single-or double-faced sign not exceeding six (6)square feet in surface area per side designed to guide or direct pedestrian or vehicular traffic to an area,place or convenience.Advertising on said signs shall be limited to incidental graphics such as trade names and trademarks.For real estate signs see Subsection 24. Ordinance - 2 ,-; 8.Electrical Sign:A sign or sign structure in which electrical wiring,connections or fixtures are used. 9.Facade:The entire building front,or street wall face,including grade to the top of the parapet or eaves, and the entire width of the building elevation. 10.Flashing Sign:A sign or a portion thereof which changes light intensity or switches on and off in a constant pattern,or contains motion or the optical illusion of motion by use of electrical energy. 11- monument uprights attached Freestanding Sign:A permanent pole,ground sign attached to the ground and supported by or braces placed on or in the ground and not to any building. or 12.Ground Sign:A freestanding sign that is less than five (5)feet in height. 13.Jncidental Sign:A small sign,emblem or decal informing the public of goods,facilities or services available on the premises,e.g.a credit card sign or a sign indicating hours of business.such signs shall not exceed two (2)square feet in size. 14.Indirect Lighting:Lighting displayed or reflected on the surface or face of a sign which is not inside the sign and not a part of the sign proper. 15. canopy of facade of Marquee:A permanent roof-like structure or rigid material supported by and extending from the a building. 16. five (5) means of Monument Sign: feet above grade a wide base. A freestanding sign higher than which is attached to the ground by 17.Multiple Occupancy Complex:A group of structures each housing at least one retail business,office or commercial venture,or a single structure or mall containing more than one separate business entity with shared common spaces,access points and/or parking facilities.For purposes of this Chapter,a multiple-occupancy structure with a single entrance shall be required to comply with regulations for single-occupancy buildings. 18.Off-Premise Sign:An outdoor advertising, informational,directional or identification sign which relates to products,businesses,services or premises not located on or otherwise directly associated with the site on which the sign is erected. Ordinance - 3 19.Pole Sign:Any freestanding sign more than five (5)feet in height that does not meet the definition of monument,ground or portable sign.These signs are composed of the sign cabinet or base and the sign pole or pylon by which it connects to the ground. 20.Political Sign:Any sign intended to promote an individual or an issue on an election ballot to be voted upon by the Marysville general electorate. 21.Portable Sign:Any sign which is designed to be periodically transported either on a vehicle or on its own wheels,and which is not designed to be permanently affixed to the ground or to a structure.The removal of the wheels from such a sign,or the attachment of such a sign tem- porarily or permanently to the ground or to a structure, does not,by itself,change the inherent portability which was part of the original design of the sign,and does not exempt it from this definition.See section 16.16.180. 22.Projecting Sign:A sign,other than a flat wall sign,which is attached to and projects more than 12 inches from a building wall or other structure not specifically designed to support the sign. 23.Readerboard: the letters are readily be changed from time to A sign or a part replaceable such time at will. of a sign on which that the copy can 24.Real Estate Sign:A sign erected by the owner,or his agent,advertising the real estate upon which the sign is located for rent,lease or sale,or directing interested parties to said property.See Section 16.16.160. 25.Roof Sign:Any sign erected over or on the roof of a building. 26.Sign:Any device,structure,fixture,placard, painted surface,awning,banner or balloon using graphics, lights,symbols,and/or written copy designed specifically for the purpose of advertising,identifying or promoting the interest of any person,institution,business,event, product,goods or services,provided that the same is visible from any street,way,sidewalk or parking area open to the public. 27.Sign Area:The entire area of a sign on which copy is to be placed.Sign structure,architectural embellishments,framework and decorative features which contain no written or advertising copy shall not be included.Sign area shall be calculated by measuring the perimeter enclosing the extreme limits of the module or background containing the advertising or identifying message;provided,that individual letters using a wall as Ordinance - 4 the background,without added decoration or change in wall color,shall have a sign area calculated by measuring the perimeter enclosing each letter and totalling the square footage thereof.For double-faced signs,total sign area shall be calculated by measuring only one face. 28.Sign Height:The vertical distance from the average elevation of the lot to the highest point of a sign or any vertical projection thereof,including its supporting columns. 29.Temporary or Special Event Sign:A non-permanent sign intended for use for a short period of time,including banners,pennants or advertising displays constructed of canvas,fabric,wood,plastic,cardboard or wallboard,with or without frame.Signs in this category include signs painted on exterior window surfaces which are readily removed by washing,and signs referred to in Section 16.16.190. 30.Wall Sign:A sign attached,painted onto or erected parallel to and extended not more than one (1)foot from the facade or face of any building to which it is attached and supported throughout its entire length,with the exposed face of the sign parallel to the plane of said wall or facade. Section 16.16.030.Signs Prohibited.The following types of signs are prohibited in the City: 1.Portable readerboard signs. 2.Signs that create a safety hazard for pedestrians or motorists,as determined by the Police Chief or Building Official. 3.Signs located in or on public right-of-way. PROVIDED,that awning signs and projecting signs may extend over public right-of-way if they otherwise conform with this Chapter.PROVIDED further,that certain real estate signs are allowed on the periphery of public right-of-way pursuant to Section 16.16.160. 4.Signs imitating or resembling official traffic or government signs or signals,as determined by the Public Works Director or Police Chief. 5.Signs attached to trees,utility poles,street lights,or any public property without permission of the government agency owning the same. 6.Signs placed on parked or located for the sign.See RCW 46.90.436. Ordinance - 5 vehicles or trailers which are primary purpose of displaying said (This does not apply to signs or lettering on buses,taxis,or vehicles operating during the normal course of business,or vehicles which are advertising themselves for sale.) 7.Signs over 32 square feet in area which rotate,or have a part or parts in excess of such size which move or revolve. 8.Displays of banners,clusters of flags,posters, pennants,ribbons,streamers,strings of lights,spinners, twirlers or propellers,flashing,rotating or blinking lights,flares,balloons or inflated signs over 24 inches in diameter,and similar devices of a carnival nature. Provided,that certain signs and devices of this nature are permitted on a limited basis pursuant to Section 16.16.190. 9.Searchlights and beacons,except as permitted for special events pursuant to Section 16.16.190. Section 16.16.040.Signs Exempt From This Chapter.The following signs or displays are exempted from regulation under this Chapter: 1.Regulatory,informational,identification or directional signs installed by,or at the direction of,a government entity. 2.Signs required by law. 3.Official public notices,official court notices or official Sheriff's notices. 4.One off-premise identification sign at each entry to the City,not exceeding three (3)square feet per face, for any fraternal,civic or religious organization with an established operation in the City. 5.Signs or displays not visible from streets,ways, sidewalks or parking areas open to the public. 6.The flag of government or non-commercial institu- tions such as schools. 7.Point-of-purchase advertising displays,such as product dispensers. 8."No trespassing,""no dumping,""no parking," "private"and other informational warning signs which shall not exceed six (6)square feet in surface area. 9.Structures intended for separate use such as phone booths and recycling containers. Ordinance - 6 10.Reasonable seasonal decorations within the appropriate public holiday season,or civic festival season. Such displays shall be removed promptly at the end of the season. 11. features tion. 12. 13. Sculptures,fountains,mosaics,murals and design which do not incorporate advertising or identifica- Postal signs. Incidental signs. 14.All signs which are wholly within the interior portion of a building,including interior window signs; provided,that such signs shall not be exempt if they are in one of the categories prohibited by Section 16.16.030. Section 16.16.050.Permits Reguired.No sign,except for those exempted in this Chapter,shall be erected,re-erected, attached,structurally altered or relocated by any person,firm or corporation without a sign permit issued by the City.In the case of electric signs,compliance with the National Electrical Code shall be included as a requirement of the sign permit.All sign permits shall be issued by the Building Official.No permit shall be required for repair,cleaning,repainting or other normal maintenance,nor for changing the message on a sign designed for changeable copy,as long as the sign structure is not modified in any way. Section 16.16.060.Signs Not Reguiring Permits,The following types of signs are exempted from obtaining a sign permit,but must be in conformance with all other requirements of this Chapter: 1.Real estate signs meeting the requirements of Section 16.16.160(1),(2)or (3). 2.Political signs meeting the requirements of Section 16.16.170. 3.Temporary and special event signs meeting the requirements of Section 16.16.190. 4. feet per occupant Nonelectric signs not exceeding four (4)square face which are limited in content to the name of and address of the premises in residential zones. 5.On-premise directional signs,not exceeding six (6)square feet per face,the sole purpose of which is to provide for vehicular and pedestrian traffic direction. Ordinance - 7 6.Up to two (2)on-premise permanent readerboard signs not more than sixteen (16)square feet per face,for each charitable or religious organization. Section 16.16.070.Application For Permits.Applications for sign permits shall be made to the Building Official upon forms provided by the City.such applications shall require: 1.Name and address of the owner of the sign. 2.Street address or location of the property on which the sign is to be located,together with the name and address of the property owner. 3.The type of sign or sign structure as defined in this Chapter. 4.A site plan showing the proposed location of the sign,together with the locations and square footage areas of all existing signs on the same premises. 5.Specifications and scale drawings showing the materials,design,dimensions,structural supports and electrical components of the proposed sign. Section 16.16.080.Permit Fees.All applications for permits shall be accompanied by payment of fees based upon the following schedule: 1.On-premise signs: $15.00 plus $1.00 for each square foot of sign area. 2.Billboards: $1.00 for each square foot of sign area. 3. prior to doubled. If any sign is installed or placed on any property receipt of a permit,the permit fee shall be Section 16.16.090.Issuance of Permits;Inspection,The Building Official shall issue a permit for erection,alteration or relocation of a sign within thirty (30)days of receipt of a valid application,provided that the sign complies with all applicable laws and regulations of the City.In all applica- tions,where a matter of interpretation arises,the more specific definition or higher standard shall prevail.The Building Official may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application.If a permit is denied,the permit fee will be refunded to the appli- cant.A permit issued by the Building Official becomes null and Ordinance - 8 void if work is not commenced within sixty (60)days of issuance and is not completed within one hundred eighty (180)days of issuance.Permits may be renewed one time with an additional payment of one-half of the original fee. Any person installing,altering or relocating a sign for which a permit has been issued shall notify the Building Official upon completion of the work.No sign shall be deemed approved until the Building Official has conducted a final inspection and indicated his approval on the face of the sign permit. Section 16.16.100.Maintenance.All signs and components thereof must be maintained in good repair and in a safe condi- tion. Section 16.16.110.Abandoned Signs.Abandoned signs shall be removed by the property owner or lessee within sixty (60)days after the business or service advertised by the sign is no longer conducted on the premises.If the property owner or lessee fails to remove it,the Building Official shall give the owner ten (10) days written notice to remove it.Upon failure to comply with this notice,the Building Official may remove the sign at cost to the owner of the premises.The foundations and posts of a sign, with all advertising copy removed,may remain on the premises for up to three (3)years with the owner's written consent,on the condition that the same must be continuously maintained pursuant to Section 16.16.100. Section 16.16.120.Illumination of Signs.The light directed upon,or internal to,any sign shall be shaded,shielded or directed so that the light intensity or brightness shall not adversely affect surrounding or facing premises,or adversely affect safe vision of operators of vehicles moving on public or private roads,highways or parking areas,or adversely affect safe vision of pedestrians on a public right-of-way.Light shall not shine on,nor directly reflect into,residential structures. No signs shall have blinking,flashing or fluttering lights,or other illumination devices which have a changing light intensity or brightness,or which are so constructed and operated as to create an appearance or illusion of writing or printing in motion.Provided,that certain illumination of this description is permitted on a limited basis by Section 16.16.190. Section 16.16.130.Height of Signs.No sign in a residen- tial district shall extend more than 10 feet above the average elevation of the lot.No sign in any business,commercial or in- dustrial district shall extend more than 30 feet above the average elevation of the lot,with the following exceptions: 1.In cases where height variances are granted by the City Council for freestanding signs in the Freeway Service Zone. Ordinance - 9 2.In cases of billboards regulated by Section 16.16.200. 3.In cases of roof signs permitted in Section 16.16.210(3)(1). Section 16.16.140.Design and construction Specifications. 1.Chapter 4 of the Uniform Sign Code,1985 Edition, as adopted by the International Conference of Building Officials,is hereby adopted by reference.Said Chapter specifies design criteria,construction standards,require- ments for materials,and limitations on the projection and clearance of signs. 2.All freestanding monument and pole signs shall have self-supporting structures erected on or permanently attached to an adequate foundation approved by the Building Official. 3.All portable signs on display shall be braced or secured to prevent motion. 4.All signs abutting or extending over public right- of-way shall be subject to review by the Police Chief and/or Building Official for the purpose of determining that there will be no hazards created for motorists or pedestrians.No sign shall project within two (2)feet of the curb line. Section 16.16.150.On-Premise Requirement.All signs, except billboards,real estate,political and directional signs meeting the requirements of this Chapter,shall be located on the premises of the business being advertised.Provided,that several businesses located contiguous to each other,but not sharing a common property ownership,may choose to share a freestanding sign located on the property of one of the busi- nesses. section 16.16.160.Real Estate Signs. estate signs must be of a durable material. real estate signs are permitted: All exterior real Only the following 1.Residential "For Sale or Rent"Signs.Signs advertising residential property for sale or rent shall be limited to one single-or double-faced sign per street frontage.Such signs shall not exceed four (4)square feet per face,and must be placed wholly on the subject property. Such signs may remain up for one year or until the property is sold or rented,whichever occurs first.A "sold"sign may remain up for ten (10)days after the occupancy of residential property. 2.Residential Directional Signs.Signs advertising "open house"and the direction to a residence for sale or ordinance -10 rent shall be limited to three (3)single-or double-faced off-premise signs.Such signs may not exceed four (4) square feet per face.Such signs are permitted only when a real estate agent or seller is in attendance at the property for sale,and not overnight.Such signs may be placed along the periphery of public right-of-way,but shall not be placed on a sidewalk or in any location where they would cause a public hazard as determined by the Police Chief and/or Building Official. 3.Commercial or Industrial "For Sale or Rent"Signs, Signs advertising commercial or industrial property for sale or rent shall be limited to one single-or double-faced sign per street frontage.Signs may be displayed while the property is actually for sale or rent.The signs shall not exceed thirty-two (32)square feet per face.If freestand- ing,the signs shall not exceed five (5)feet in height and shall be located at least fifteen (15)feet from any abutting interior property line and wholly on the property for sale or rent. 4.Subdivision Signs.Signs advertising residential sUbdivisions shall be limited to one single-or double-faced sign per street frontage.Such signs shall not exceed thirty-two (32)square feet per face and shall not exceed twelve (12)feet in height.They shall be set back at least ten (10)feet from any abutting interior property line and shall be wholly on the property being subdivided and sold. Section 16.16.170.Political Signs. Signs,posters or bills promoting or publicizing candidates for public office or issues that are to be voted upon in a primary,general or special election may be displayed on private property in accordance with the following restrictions: 1.Time Limitations.Political signs shall be permitted only for a period of sixty (60)days preceding the election and for a period of seven (7)days following such election. 2.Prohibited on Public Property.It is unlawful for any person to paste,paint,affix or fasten any political sign on a utility pole or on any public right-of-way, property,building or structure. 3.Responsibility for Compliance.It shall be presumed that any violation of this Section was done at the direction and request of the political candidate and/or campaign director. Section 16.16.180.Portable Signs.The following regula- tions shall apply to all portable signs except in cases where such signs are also included in more specific categories of this Chapter: Ordinance -II 1.Portable signs shall not exceed eight (8)square feet per side. 2.No more than one (1)portable sign may be dis- played per street frontage. 3.All portable signs shall be located on the premises which they are advertising. 4.Portable signs shall be nonelectric. 5.Portable signs shall not be readerboards. Section 16.16.190.Temporary and Special Event Signs. Except as otherwise provided below for certain special categor- ies,temporary and special event signs shall not exceed thirty- two (32)square feet in area per face,and shall not be displayed longer than thirty (30)days per calendar year. 1.Construction Signs.Construction signs identify the architects,engineers,contractors or other individuals or firm involved with the construction of a building and announce the character of the building or the purpose for which the building is intended.such signs may be displayed only after a building permit is obtained and during the period of construction on the construction site.Only one (1)such sign is permitted per street frontage.No con- struction sign shall exceed thirty-two (32)square feet per face or twelve (12)feet in height,nor shall it be located closer than ten (10)feet from an interior property line. Construction signs shall be removed by the date of first occupancy of the premises,or upon expiration of the Building Permit,whichever first occurs. 2.Grand Opening Displays.Temporary signs,posters, banners,strings of lights,clusters of flags,blinking lights,balloons,searchlights and beacons are permitted for a period not to exceed sixty (60)days per calendar year to announce the opening of a completely new enterprise or the opening of an enterprise under new ownership.All such signs and materials shall be located on the premises being advertised,and shall be completely removed immediately upon expiration of said sixty-day period. 3.Special Sales and Events.Temporary signs, posters,banners,strings of lights,clusters of flags, balloons,searchlights and beacons are permitted for the limited purpose of announcing a retail sale or special event in business or commercial zones,but not on a routine basis. All such advertising material shall be located on the premises being advertised and shall be removed immediately upon expiration of said special sale or event. Ordinance - 12 4.Quitting Business Sales.Temporary signs,posters and banners are permitted for a period of ninety (90) continuous days for the purpose of advertising quitting business sales,liquidation sales,or other events of a similar nature which are authorized pursuant to Chapter 5.52 of the Marysville Municipal Code.All such signs shall be located on the premises being advertised and shall be removed immediately upon expiration of the 90 day period,or conclusion of the sale,whichever occurs first. Section 16.16.200.Billboards. 1.Permitted Zones.Billboards shall be per-mitted only in those zones specified for said use in Section 19.16.010 of the Marysville Municipal Code. 2.Height.The maximum height of a billboard shall not exceed thirty-five (35)feet from the ground level at its base. 3.Size.The maximum sign dimensions for a billboard shall be twelve (12)feet in height and twenty-five (25) feet in length,excluding supports and foundations,for a total maximum sign area of three hundred (300)square feet per face.Billboards may be either single-or double-faced. 4.Location Restrictions. a. property oriented Billboards shall only be located on abutting State Avenue,and shall be towards State Avenue. b.Billboards shall not be less than one hundred (100)feet from an intersection;provided, that a greater distance may be required if the City finds that a specific billboard at a specific location will obstruct or physically interfere with a motorist's view of approaching,merging or intersection traffic. c.Billboards shall not be located on a railroad right-of-way. d.Billboards shall not be less than one hundred (100)feet from any residential zone. e.Billboards shall not be less than fifteen (15)feet from the outside edge of the public right-of-way. f.A billboard shall not be located within one thousand (1,000)feet of another billboard on the same side of the street.Back-to-back and v- Ordinance - 13 type sign structures shall be considered one (1) sign structure. g.Billboards shall not be permitted as roof signs. h.Billboards shall not block the public visibility of anyon-premise signs or the visibil- ity for motorists of any official traffic sign, signal or device. i.Billboards shall not block,obstruct or detract from any unique scenic views enjoyed by the public or by private parties,as determined by the City Council. 5.Lighting.Lighting on billboards shall be for the sole purpose of illuminating the advertising message on the display surface,and shall not constitute any part of the message itself,directly or indirectly.There shall be no blinking,flashing or fluttering lights.All lighting shall be directed towards the display surface and shall not create a hazard to motorists or a nuisance to adjoining property owners. 6.State Requirements.All billboards visible from Interstate 5 shall comply with the requirements of RCW 47.42. 7.Business License.A business license as specified in Chapter 5.02 of the Marysville Municipal Code shall be required for each business owning one or more billboards which are erected in the City. 8.Nonconforming Billboards.Billboards existing on January 1,1981 which were in full compliance with all codes and regulations of the City at said time,but which do not comply with this Chapter,shall be regarded as nonconforming billboards.said billboards shall be allowed to continue if properly repaired and maintained.If such billboards are structurally altered,relocated or replaced,they shall lose their nonconforming status;further,such billboards shall lose their nonconforming status if a change of use occurs on the underlying property.A billboard without nonconforming status shall immediately be removed or brought into com- pliance with all current provisions of this Chapter. Section 16.16.210.Sign Regulations by Zoning District,In addition to all other provisions of this Chapter,the following special regulations shall apply in each of the zoning districts referred to below: 1.Residential Districts. Ordinance - 14 a.The total combined area of all non- exempt signs on any lot in a residential district shall not exceed nine (9)square feet,except as provided in subparagraphs g through j below. b.All dwelling units in residential districts shall display house numbers readable from the street. c.Illumination from or upon signs in residential districts shall be shaded,shielded, directed or reduced so that the light intensity or brightness does not affect the enjoyment of residential property in the vicinity in any substantial way. d.There shall be no freestanding pole signs in residential districts. e.There shall be no roof signs in residential districts. f.No permanent sign shall be located closer than ten (10)feet to an internal property line,or closer than ten (10)feet from the front lot line unless attached to a fence.Signs which are attached to fences shall not extend higher than the fence. g.Each entrance to a subdivision or mUltiple family development may have an iden- tification sign up to thirty-two (32)square feet in area,per face,or two single-faced signs of not more than fifteen (15)square feet each. h.Home occupation and day-care signs shall not exceed three (3)square feet per face and shall be wall signs or ground signs. i.Signs for conditional uses permitted in residential districts shall be approved as part of the applicable Conditional Use Permit,and shall not be otherwise restricted by the provisions of this Section. j.Temporary sale signs (garage sale, estate sale,etc.)may be displayed no more than three (3)days prior to the event and shall be removed 24 hours after the event is completed. There shall be no more than two (2)such events advertised for any residence per year,and no such event shall continue for more than six (6)days within a 15 day period. Ordinance -15 2.Mobile/Manufactured Home Parks. advertising devices shall be prohibited in factured home park except: Signs and a mobile/manu- a.One identifying sign up to fifteen (15) square feet in area per face at each entrance to the park,which may be illuminated,but not flashing. b.Directional and informational signs for the convenience of tenants and the public relative to parking,office,traffic movement,etc. c.Real estate for sale or rent signs pursuant to Section 16.16.160(1). 3.Business,commercial and Industrial Zones. a.Freestanding,pole,ground and monument signs,and temporary or portable signs which are not attached to structures,shall comply with the following size limitations: i.For single occupancy buildings the maximum total sign area permitted shall be the greater of the following: (1)Thirty-two (32)square feet, counting only one side of double-faced signs;or (2)One (1)square foot for each lineal foot of street frontage for the first one hundred (100)feet,and one- half (1/2)square foot for each lineal foot of street frontage thereafter,not to exceed two hundred (200)square feet of sign area per street frontage.No single sign face shall exceed seventy- five (75)square feet. ~~.For multiple occupancy complexes each business shall be permitted a wall sign not to exceed one (1)square foot per lineal foot of wall frontage to a maximum of thirty- two (32)square feet;and if the complex has a marquee,each business shall be permitted one under-marquee sign not to exceed eight (8)square feet in size and maintaining a vertical clearance of eight (8)feet above the sidewalk.Multiple occupancy complexes shall be allowed one (1)freestanding sign per street frontage which provides direct access to the complex;said signs may be one Ordinance - 16 (1)square foot in size for each lineal foot of street frontage for the first one hundred (100)feet,and one-half (1/2)square foot for each lineal foot thereafter,not to exceed a total of two hundred (200)square feet of sign area per street frontage.No single sign face shall exceed seventy-five (75)square feet. ~~~.Freestanding signs shall not exceed seventy-five (75)feet in area per face,and shall not be closer than one hundred (100)feet to another free-standing sign on the same property.The base of such a sign shall be set back from the property line at least ten (10)feet. b.Roof signs shall be permitted in any business,commercial or industrial zone if the height of the sign does not extend above a necessary structural feature of the building; PROVIDED,that roof signs in the area zoned in the Freeway Service classification west of the railroad tracks may extend 5 feet above the ridge line of the roof. c.Ground signs shall be set back a minimum of ten (10)feet from the property line. d.Projecting signs shall not project more than six (6)feet from a building nor within two (2)feet of the curb line,and shall not exceed thirty-two (32)square feet per face. e.Gasoline price signs shall be located no closer than ten (10)feet from the front property line and must be permanently anchored.such signs may be freestanding or attached to canopy columns, and shall not be portable.The sign area shall not exceed twelve (12)square feet and no more than one (1)such sign for each street frontage is permitted.Gasoline price signs complying with this section shall not be included in determining the total sign area of a business. f.Each business building shall display a street address number identification sign readable from the street. Section 16.16.220.Nonconforming Signs. 1.Signs existing on or before July 1,1988 which do not conform to the specific provisions of this Chapter, shall be deemed to be legal nonconforming signs which are Ordinance -17 exempt from the prOV1S10ns of this Chapter only on the following conditions: a.The sign was lawfully erected in full compliance with all codes which were then ap- plicable. b.The sign does not endanger the public health,safety or welfare. c.The sign does not lose its nonconforming status as provided in subsection 2 below. PROVIDED,that nonconforming status shall not apply to temporary,special event,real estate or portable signs,or to any sign on public right-of-way.The nonconforming status of billboards is regulated by Section 16.16.200(8). PROVIDED further,that portable readerboard signs which meet the nonconforming criteria specified above shall be granted a phase-out period of twelve (12)months from July 1,1988, or until they lose their nonconforming status as provided in subsection 2 below,whichever occurs first. 2.A legal nonconforming sign may lose said designa- tion if any of the following occur: a.If the sign is not continuously main- tained and repaired as required by Section 16.16.100 above. b.If the sign structure is relocated or replaced (not to include a mere change of adver- tising copy). c.If the structure or size of the sign is altered in any way to make it more nonconforming with the provisions of this Chapter.This does not refer to a change of copy or normal main- tenance. d.If the sign suffers more than 50% appraised damage or deterioration. 3.No sign permit shall be issued for property which displays any nonconforming signs if the result of said permit is to make the property more nonconforming in any way. Section 16.16.230.Comprehensive Design Plan Permits. Application may be made to the City Council for special con- sideration whereby deviations from the requirements and restric- tions of this Chapter may be permitted when an applicant is using a comprehensive design plan to integrate signs into the framework Ordinance -18 of the building or buildings,landscaping,and other design features of the property,utilizing an overall design theme. Comprehensive design may be used on an existing building where the facade is being altered,when there is new construction,or in freestanding signs.These permits are not to be confused with the procedures for obtaining variances for hardship or unusual circumstances.Rather,these permits are based upon the ap- plicant satisfying the City Council that an exceptional effort has been made toward creating harmony between the sign,the building and the site where it is located through use of a consistent design theme which complements and enhances the surrounding natural beauty of the area.The comprehensive design plan shall be presented to the City Council with a narrative describing the proposed plan.The City council shall assess the applicant's information using the following criteria: 1.Whether the proposal manifests exceptional visual harmony between the sign,buildings and other components of the subject property through the use of a consistent design theme; 2.Whether the sign or signs promote the planned land use in the area of the subject property and enhance the aesthetics of the surrounding area; 3.Whether the sign and its placement obstructs or interferes with any other signs or property in the area or obstructs natural scenic views;and 4.Whether the proposed plan is aesthetically superior to what could be installed under existing criteria in this Chapter. Section 16.16.240.Variances.Any person may apply to the City council for a variance from the requirements of this Chapter.Variance applications shall be processed pursuant to the procedures for zoning variances specified in Chapter 19.44 of this Code.No application for a variance shall be granted unless the City Council finds: 1.The variance shall not constitute a grant of special privilege inconsistent with limitations in this Chapter on the types of signs allowed in the same vicinity and zone;that is,there shall be no "use variances"which allow types of signs in any zone which would be otherwise prohibited;and 2.The variance is necessary because of special circumstances relating to the size,shape,topography, location or surroundings of the subject property,to provide it with use rights and privileges permitted to other properties in the same vicinity and zone;and Ordinance - 19 3.The granting of the variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity;and 4.The variance will not be contrary to the spirit and purpose of this Chapter. In granting a variance,the City Council may attach thereto such conditions regarding the location,character and other features of the proposed sign as it may deem necessary to carry out the spirit and purpose of this Chapter in the public inter- est. section 16.16.250.Enforcement Procedures. 1.The Building Official shall have jurisdiction to administratively enforce the provisions of this Chapter. Upon presentation of proper credentials,the Building Official or his duly authorized representative may,at all reasonable times,enter upon any premise to inspect the same for violations of this Chapter.All signs for which a permit is required hereunder are subject to periodic inspection by the Building Official. 2.The Building Official may use the following administrative methods of enforcing the provisions of this Chapter: a.In cases where the Building Official determines that a sign presents an immediate threat to the safety of the pUblic,or a sign is unlawfully located on public property,the Building Official may order the sign to be immediately removed by the owner or by the City at the owner's cost. b.In cases where a sign is erected or installed without a permit in violation of this Chapter,the Building Official shall give written notice to the owner,to comply with the provisions of this Chapter or remove the sign within forty- eight (48)hours.Such notice shall be posted on the property and hand delivered to the owner if the address of the owner is known to be within the City of Marysville.If compliance within forty- eight (48)hours is not obtained,the Building Official may order the sign to be removed by the owner or by the City at the owner's cost. c.In all other cases where the Building Official identifies a violation of any provision of this Chapter,he shall give ten (10)days notice,in writing,by regular and certified mail, to the owner to bring the sign into compliance Ordinance - 20 with this Chapter or to remove it.Upon failure to comply with said notice,the Building Official may order the sign removed by the owner or by the City at the owner's cost. d.As used in this Section the term "owner" shall refer to the owner of the sign in question; PROVIDED,that if the Building Official is unable, after reasonable efforts,to determine the identity of the owner of the sign,the Building Official may notify,instead,the owner of the real property on which the sign is located,and may rely upon the name and address of such owner which appears in the records of the Snohomish County Assessor. Section 16.16.260.Appeals.Any aggrieved party may appeal a decision or order of the Building Official under this Chapter to the City Council.Appeals shall be filed with the City Clerk within ten (10)days of the date of the Building Official's decision.No fee shall be charged for such an appeal. Section 16.16.270.Violations and Penalties.After the administrative warning period referred to in Section 16.16.250 above has expired,any person,business or corporation violating a provision of this Chapter shall be construed as having com- mitted a civil infraction and,upon a finding of liability,shall pay a civil penalty of not more than $250.00.Each day of violation shall be considered a separate infraction.Any person, firm or corporation interfering with the Building Official's enforcement of this Chapter may be cited under the City's criminal code for the offense of obstructing a public officer. PASSED by the City Council and APPROVED by the Mayor this 23rd day of May,1988. APPROVED AS TO FORM: By!;j •.."%,C:=bt~y ~TGiy Date of Publication:(by summary) Effective Date:July 1,1988 Ordinance - 21 ATTEST: BaQrCO~dCICLERK C2--8-88