HomeMy WebLinkAboutColumbia State Bank
ATM LICENSE AGREEMENT
CITY OF AUBURN INSTALLATION
This ATM LICENSE AGREEMENT (the "Agreement") is made as of this _1_ day of
November, 2003, by and between Columbia State Bank, a Washington banking corporation
having its principal office at Tacoma, Washington (the "Bank"), and the licensor described below
("Licensor"):
City of Auburn
Name of Licensor
25 West Main
Street Address
Auburn, WA 98001
City/State/Zip Code
Al Hicks 1-253-931-3002
Name of Contact Personffelephone/Fax
RECITALS
1. Bank desires to place one or more automated teller machines at Licensor's
location(s) as specified on the attached Schedule A (the "Location"). Each such automated teller
machine, and related equipment, is referred to as an "ATM."
2. Licensor desires to have A TMs placed at the Locations in accordance with the
terms of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained in this Agreement, and for other good and valuable consideration, the receipt,
adequacy and sufficiency of which are hereby acknowledged,-the-patties agree-as follows:
1. License.
Licensor hereby grants to Bank a license to install and operate one or more A TMs in one
or more areas, as agreed upon by Bank and Licensor, within each Location (each such area an
"A TM Area"). The license granted hereunder shall be free of charge, and Licensor shall not
impose on Bank any obligation to pay any rent, fee, reimbursement or other charge for Bank's
use of the A TM Area. Licensor will ensure that each A TM Area is in condition acceptable to
Bank for the installation and operation of the A TMs and will provide at its sole expense at each
A TM Area (i) the lighting, (ii) a dedicated AC electrical power supply, and (iii) electricity and
electrical outlets. Licensor represents and 'warrants that it is properly in possession of each
Location and each A TM Area, either as owner or as lessee, and has all necessary authority to
enter into and carry out the provisions of this Agreement.
[SEA 1389358v2 52291-2 ] - 1 -
2. Installation and Maintenance; Relocation of ATM.
Subject to any necessary approvals of bank regulatory or other governmental agencies,
Bank will install, operate and maintain each A TM in accordance with plans and specifications
previously approved by the parties. Licensor will maintain each A TM Area in a clean, safe and
accessible condition. Licensor will permit access to each A TM by Bank personnel or designated
agent(s) of the Bank (i) during hours when the particular ATM Area is open to the public, (ii) in
the event of an emergency, including flooding, fire, burglary or any other event that threatens the
integrity or security of an A TM, and (iii) at other reasonable times. Licensor will provide
convenient parking for representatives of the Bank for this purpose.
Licensor will not (i) repair or attempt to repair any A TM, (ii) permit its employees to
tamper or interfere with any A TM, or (iii) remove or interfere with any signage Bank may
display in an A TM Area or any tag, plate or other identifier Bank may affix to any ATM.
In the event that either party desires to relocate an A TM to another A TM Area within the
same Location, such party shall provide the other party with written notice of its request. If both
parties mutually agree to the relocation, then Bank shall relocate and reinstall the A TM in
accordance with a procedure mutually agreed to by the parties and documented in a separate
writing. The party requesting such relocation shall pay all costs and expenses incurred by Bank
in connection with such relocation.
3. Improvements.
Bank may place such personal property, equipment and the like as it deems necessary to
support operation of the A TM in each A TM Area. The Bank may make such improvements and
alterations to each A TM Area at its own expense as it may desire with the consent of the
Licensor, which consent will not be unreasonably withheld.
4. Removal.
Within fifteen (15) days of the termination of this Agreement, Bank will, at its expense,
remove all A TMs, signage, surrounds, equipment, etc., from all Locations. Licensor will allow
Bank access to each Location and A TM Area at all reasonable times to perform such removal.
Following any such removal, Bank will leave each ATM Area in the condition that was accepted
by Bank immediately prior to Bank's installation of the A TM, normal wear and tear excepted,
and Bank shall have no further obligation to repair, restore or secure any ATM Area or any
portion thereof following such removal. Bank will, however, provide notice to Licensor of
Bank's good faith estimate of the day and time at which the A TM will be removed.
5. Signage.
Bank may erect and display signage for identification and promotion of the ATM(s) in
each A TM Area. Signage will be limited to such information as the Bank's name and logo, the
names and logos of any automated teller machine networks, or other system information. Bank
.lyi! Lco!!.Y2!v witb th!L.;;jmqg~-O~ta'JJjJ!.r_d~.~01gbl~}.H~d..!2.Yl!J.(L] icen.ijJ!I.J2EJf-'1(lnLLQ[lhSLji~~!L~gCj:
[SEA 1389358v2 52291-2 ] - 2 -
space. to include size, placement and color. A coPy olsuch standards is attached as S'ch{idLd.~)..B
(Q.J.h.i~:i.L~:i!.f 111f.!J.!.__llflJ.YL}J:.'iJL.!::.!2!1.lI.!.Ly) vi t fLOll. () r di ria rlC es"qn([JJHle.,Lt.?lg}jng L~L!.h?.,J2lg,Q!:.t!.l~UJ.L
and diWav olsigns.
6. Ownership of ATM.
Each A TM is and will remain the personal property of the Bank notwithstanding that any
A TM or any part thereof may now be, or hereafter become, in any manner affixed to, or
embedded in, or permanently attached to any Location or A TM Area. No A TM will become or
be considered a fixture of any Location or ATM Area. Licensor will keep each A TM free of any
lien, pledge or other encumbrance other than encumbrances created by the Bank. Bank will own
all cash transported to and placed within an ATM. All surcharges, transaction fees and other
compensation for the operation of each A TM licensed hereunder shall be for the account of Bank
and shall be established by Bank in its sole discretion.
7. Insurance.
Licensor will purchase and maintain such comprehensive general liability insurance as
will protect itself from claims which may arise out of or result from activities undertaken
pursuant to this Agreement. Such insurance will be in an amount of no less than $1,000,000.
Upon request, Licensor will provide a certificate of insurance or proof of self-insurance
evidencing such coverage and naming Bank as an additional insured on such policy. Such
certificates of insurance will provide that the coverage under the policy may not be modified or
canceled except upon at least thirty (30) days' prior written notice of cancellation or modification
to Bank.
Licensor will be responsible for insuring the real and personal property at each A TM
Location, except that Bank will be responsible for insuring each ATM.
8. Approvals; Regulatory Requirements.
Bank will be responsible for obtaining the requisite approval(s) from the appropriate bank
regulatory authorities for the installation and operation of each A TM to be installed and
operated. Licensor acknowledges that the Bank's performance of this Agreement is subject to all
applicable banking laws and regulations. Licensor will cooperate with Bank in complying with
such requirements, including any required modifications of this Agreement.
Bank }Fill complv with,all Ql2l!lts,lS.!.NC!...J1ze lq...1:'~0..,_Q!.."!:.linf.tnces am~!..?gyklJ.jQ!J;!.~::..
[SEA 1389358v2 52291-2 ] - 3 -
9. Security .
Licensor will take reasonable precautions to restrict access to the internal mechanisms of
any A TM to authorized employees and agents of Bank or to other authorized service personnel.
Licensor will provide adequate physical security for customers using each ATM. Each A TM
Area will comply with any A TM security measures required by federal, state or local law or
regulation. Bank has the absolute right to immediately shut down any A TM without prior notice
to Licensor if Bank determines that a security risk is present.
10. Limitation of Liability.
Bank will not be responsible for any malfunction or interruption in service of any ATM.
Bank will have no liability to Licensor for the loss of any sale or service by virtue of any A TM
being inoperative. Neither Bank nor its agents will be liable for incidental, indirect, special or
consequential damages or loss of profits suffered by Licensor. Except as provided in paragraph
12, neither Bank nor its agents will be liable for any claim, demand or action against Licensor by
any third party arising out of or in connection with this Agreement.
11. Force Maieure.
Neither party will be liable for any delay or failure in performance of any part of this
Agreement resulting from any cause beyond its control, including, but not limited to, acts of
God, acts of civil or military authorities, government regulations, embargoes, epidemic, war,
terrorist acts, riots, insurrection, fire, explosions, flood, strikes, power blackouts, inability to
reasonably secure products or services of other persons or communications facilities, including
data communications facilities, or acts or omissions of telecommunications common carriers.
12. Indemnification.
Bank will indemnify and hold harmless Licensor and its officers, directors, employees
and agents, from and against any and all claims, actions, liabilities, losses, damages, costs or
expenses (including reasonable attorneys' fees) arising out of or resulting from (i) the willful
misconduct or any negligent act or omission to act of Bank concerning the subject matters of this
Agreement and (ii) Bank's breach of any of its obligations under this Agreement.
Licensor will indemnify and hold harmless Bank and its officers, directors, employees
and agents from and against any and all claims, actions, liabilities, losses, damages, costs or
expenses (including reasonable attorneys' fees) arising out of or resulting from (i) the willful
misconduct or any negligent act or omission to act of Licensor concerning the subject matters of
this Agreement and (ii) Licensor's breach of any of its obligations under this Agreement.
The indemnities contained in this paragraph will be continuing obligations of the parties
and will survive termination of this Agreement.
13. Term; Termination.
The initial term of this Agreement shall run for an initial term of three (3) years from the
date first written above. After the initial term has expired, this Agreement will be automatically
[SEA 1389358v2 52291,2 ] - 4 -
renewed without further action by the parties and shall continue until terminated by either party
upon sixty (60) day's written notice to the other.
In addition, either party may terminate this Agreement immediately upon written notice
to the other party, unless a longer period is required by law or regulation, if (i) the other party
materially breaches any of its obligations and fails to cure such breach within fifteen (15) days of
notification; or (ii) any Location or any A TM Area is destroyed, damaged or injured by fire or
other casualty and results in such Location or A TM Area being closed to the public for any
period of time.
This Agreement will automatically terminate if either party (i) becomes insolvent, (ii)
ceases to function as a going concern, (iii) makes a general assignment for the benefit of its
creditors or (iv) files a petition in bankruptcy or permits a petition in bankruptcy to be filed
against it and such petition is not dismissed within sixty (60) days of filing.
In addition, (a) Bank may terminate this Agreement upon: (i) prior notice, if as a result
of any statute, rule, regulation, order, interpretation, policy or other decree of any federal, state or
local government or regulatory authority, the Bank's performance under this Agreement
becomes, in the sole opinion of Bank or its counsel, illegal, impermissible or impractical; or (ii)
prior notice, with respect to any Location or A TM Area, if, in its sole discretion, Bank
determines that such termination is necessary due to misuse (such as abuse or vandalism) or a
security risk; and (b) Licensor may terminate this Agreement upon thirty (30) days' prior notice
in the event that it determines in its reasonable judgment that any amendment effected by the
Bank pursuant to the first proviso clause of section 20 of the Agreement imposes or may impose
an unreasonable financial burden upon Licensor.
14. Relationship of Parties.
The parties are and will be acting only as independent contractors, and nothing in this
Agreement, express or implied, will be construed as creating a partnership or joint venture or
relationship of a principal and agent or landlord and tenant.
15. Notices.
Except as otherwise provided in this Agreement, any notices, requests, statements or
other communications under this Agreement will be effective upon receipt and will be given and
sent in writing by registered or certified mail, return receipt requested, to the parties at the
addresses specified in this Agreement and to the attention of the individuals signing this
Agreement or to such other addresses or individuals as may be subsequently designated in
writing by the respective parties.
16. Agreement for Sole Benefit of Bank and Licensor.
This Agreement is for the sole and exclusive benefit of the Bank and Licensor and will
not be deemed to be for the direct or indirect benefit of the clients or customers of either the
Bank or Licensor. The clients and customers of the parties will not be deemed third-party
beneficiaries of this Agreement or of any other contractual relationship between the parties by
reason of this Agreement.
[SEA 1389358v2 52291-2 ] - 5 -
Ln_________
17. Governing Law.
This Agreement will be governed by, and construed in accordance with, the laws of the
State of Washington.
18. Severability.
If any provision of this Agreement is found to be in violation of public policy or to be
illegal or unenforceable in law or equity, such finding will in no event invalidate any other
provision of this Agreement.
19. Assignment.
Neither party may assign its rights or delegate its responsibilities under this Agreement to
any third party without the prior written consent of the other party; provided, however, that
Bank, upon notice to but not consent of Licensor, may assign any or all of its rights and delegate
any or all of its responsibilities to any controlled subsidiary of Bank's parent or ultimate parent
company or to any controlled subsidiary of Bank. This Agreement will be binding upon and will
inure to the benefit of Bank, Licensor, and their successors and permitted assigns.
20. Amendment; Waiver.
No amendment, modification or waiver of any term or provision of this Agreement will
be effective unless it is in writing and signed by the parties; provided, however, that Bank may
make such amendments to this Agreement and changes or modifications to its performance
which, in the sole opinion of Bank or its counsel, is necessary to assure compliance with
applicable laws, rules, regulations and policies of any federal, state or local government or
regulatory agency, and provided, further, that any such amendment or modification may be made
without Licensor's agreement or consent.
No failure of either party to exercise any power or right granted in this Agreement, and
no custom or practice of the parties with regard to the terms of performance, will constitute a
waiver of the rights of such party to demand full and strict compliance with the terms of this
Agreement. Delay or failure by either party to enforce any provision of this Agreement will not
affect the right of the party subsequently to enforce such provision.
21. Entire Agreement.
This Agreement, its Schedules, the agreement of the parties regarding the location of
A TM Areas, and the plans and specifications for installation of the A TM( s) set forth the entire
understanding of the parties with respect to the subject matter. Any and all previous agreements
and understandings between the parties regarding the subject matter, whether written or oral, are
superseded by this Agreement.
22. Counterparts.
[SEA 1389358v2 52291-2 ] - 6 -
This Agreement may be executed in any number of counterparts, each of which when
executed and delivered will be deemed to be an original, and all of which when taken together
will constitute but one and the same instrument.
[SEA 1389358v2 52291-2] - 7 -
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
COLUMBIA STATE BANK: LICENSOR:
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List of Attachments:
Schedule A Locations
Schedule B Licensor's Signage Standards
[SEA 1389358v2 52291-2 } - 8 - ~
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SCHEDULE A
LOCATIONS
Number of ATMs Locations( s)
1 Sound Transit Center
23 A Street West
Auburn, W A 98001
[SEA 1389358v2 52291-2 ] - 9 -
Schedule B
Licensor's Signage Standards
[SEA 1389358v2 52291-2 ] - 10 -
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Exhibit 4.4(d)
Exterior WaD Sign Criteria
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These criteria have been established for the purpose of controlling the size, design and location
of aU exterior signage for the retail subtenant spaces at the Auburn Station Parking Garage.
Conformance to thC6e criteria is required. Sound. Transit may remove or correct any installed
nonconfonning sjIDls at City's expense (which City may recover from its subtenant). Except as
.., provided in paragraph 10 of this Exhit>it, before Sound Transit exercises such right it shan give
City not less than twenty-one days prior written notice of the nonconformity.
1. Two building attached signs will be allowed for each subtenant of the Commercial
. Tenant Area" one on the exterior wall of the building adjacent to each space above the
canopies and one under the canopies near the entrance to each space. The attached
drawings depict typical sizes and locations of these signs.
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2. In addition to confonning to these criteria, a permit will be required from the City for
these signs under City's sign ordinances. Approval by City under this Leas~ or under a
sublease by City of a particular sign is not compliance with, and does not bind City,
under City's pennitting requirements.
3. Signs on the exterior wall of the Parking Garage shall be attached to such wall according
to one or more designs for such attachment proposed by City and approved by Sound
Transit. Sound. Transit shall not unreasonably refuse or condition such approval.
4. No sigrul with electrical components will be permitted. With Sound Transit's prior
written approval of the design therefor, City may at its expense instaIllighting on the
exterior wall of the Parking Garage to illuminate &he signs on the exterior wall. Sound
Transit shaU not Lmreasonably refuse or condit~on such approval.
S. No projection above or below the sign band and/or panel as depicted in the attached
drawin~ will be permitted.
6. No pennanent window signs will be pennitted except painted or decal applied lettering
for pwpose of store identification.. Each subtenant will also be permitted to place upon
each entrance to its demised premises not more than on hundred forty four (144) square
inches oflettcrlng not to exceed two inches (211) in height, indicating hours of business,
emergency telephone. etc. Temporary window signs will be installed on the interior of
windows only and will be allowed for a maximum of two weeks.
7. City may at its expense install numbers or letters on or near the primary entrance to each
sublea&ed space to Identify lhe address thereof.
8. Baoh lIubtenant will pay for the consttuctio~ installation and maintenance of all its signs.
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9. At City's request from time to time, exceptions to these standanls will be revieWed by
the City and Sound Transit. However, and without limiting other possible reasons for
refusal, the parties recognize dQViations may result in substantial inequities between
City's subtenants and any such inequily is sufficient ground for either party [0 refuse
pemtission for a requested exception. -
10. No sandwich boards or banners will be displayed upon the exterior of or anywhere
adjacent to the Parking Garage. Sound Transit has the right, without any notice to City
or any of City's subtenants, to remove and dispose of any sandwich boards at City's
., expense (which City may recover frolll it subtenant).
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AUBURN GARAGE RETAil INTEGRUS
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Chapter 18.56 .
SIGNS
Sections: -
18.56.010 Purpose.
18.56.020 Definitions.
18.56.030 Regulation by district
A. RR, RS, Rl
. . B. R2, R3
, C. R4, RO, RMHP / P, I
O. RO-H, . eN
E. el, C2, BP
F. C3, Ml, M2, LF
18.56.040 Special signs.
A. Civic signs.
I3. Political signs. -
C. Real estat~ signs.
D. Portable siCJns.
.E. Temporary signs.
18.56.050 General provisions.
A. Sign area, placement, additional frontage,
additional signage. . .
B. Projection, clearance a~d sight distance.
C. Exposed angle iron and wire. .
D. Lighting provisions.
E. Construction provisions.
'1' . Change of copy.
18.56.060 Exemptions.
18.56.070 Prohibited signs. . .
18.56.080 Nonconforming signs.
18.56.090 Administrative provisions.
18.56.100 Appeals and. variances.
18.56.110 Liability.
18.56.120 Conflicts repealed.
18.56.010 PU~pose.
The overall purpose of this chapter is to enhance and '
maintai~ the aesthetic character, to promote the public
health, safety and general welfare, and to increase the
effectiveness of visual communication in the City. This
chapter is also intended to avoid visual clutter that may
adversely i~pact traffic and pedestr~an safety, ox be .
adVerse to property-values, business Opportunities and the
City's appearance and to pravent and abate public nuisances.
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18-56-l
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The purpose of this chapter is implemented by .
controlling the design, quality of materials, construction,
location, Use and maintenance of all signs and sign
structures.
-
18.56.020 Definitions.
The following definitions are specific to this chapter
and are to be used only for the 'implementation of this
chapter:
A. "AHandoned sign" means a sign that no longer correctly
directs or exhorts any person, or advertises a bona
fide business, lessor, owner I product or activity
conducted or availa~le on the premises where such sign
is located.
B. "Changing messagE! center" means an electronically
controlled public service time and temperature sign;
message center; or readerboard where different copy
changes of a public service or commercial nature are
shown on the same lampbank.
c. "Directional sign" means a .sign which is located to
guide Or direct pedestrian or vehicular traffic to
parking entrances, exits, and service areas, and may
not. exceed six (.6) square feet in a~ea or (10) feet in
height. For projects that have ~~reparking lots in
excess of 500 spaces then the sign area may be ten (10)
square feet and the sign height fifteen (15) feet.
D. "DoUble-faced sign" means a sign with two (2) faces.
E. "Electrical sign" means a sign or sign structure in
which electrical wiring, connections, and/or fixtures
are used as part of ~he sign proper.
F. ~Facade" means the entire building front, or street
""all face, including grade to the top of the,parapet or
eaves, and the entire width of the bUilding elevation.
G. ~Flashing sign" means an electr~cal sign or a portion
thereof which changes light intensity in a sudden
transitory burst, or which switches on and off in a
constant pattern in Which mO~e that one-third (1/3) of
the nonconstant light source is off at anyone time.
H. "Freestanding sign" means a sign attached to the grouna
and supported by uprights or braces placed on or in the
ground. (Also.called ground or pole sign.) Signs
attached to fences or other structures that are not
define9 as buildings will be considered freestanding
signs. , ,
. .. ~
I. ''Tro.ntage" me-ans the measurement of the length of the
property line or building front.
J. "Grade" __meaI}~_.the relative eXlsting ground level in the
-- ~immediatevicinity of the sign. '
18.56-2
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K. "Incidental sign" means a small sign of a non- .
commercial nature without advertising intended
primarily for the convenience of the public and having
a maximum area of two (2) square feet. Included are
signs designating restrooms, hours of operations,
entrances and exits to building~ and parking lots, help'
want~d, public telephones, etc. Also included are
property control and warning signs such as "no
trespassing, rr "no dumping, I. etc., and plaques, tablets
Or inscriptions which are an integral part of a
bUiti.ding.
. t. "Mansard roof" means a sloped roof Or roof-like facade
architecturally able to be treated as a bUilding wall.
M. "Marquee" means a perruanent structure attached to,
SUpported by, and projecting from a building and
prO~iding protection from the weather elements. For
the purpose' of this chapter, a freestanding, permanent
roof-like structure prOviding p4otection~rom.the
elements, such as a service station gas pump island,
~ill also be considered a marquee. The term marquee
also includes canopy.
N. hMa~quee sign" means any sign which forms part of or is
integrated into a marquee and which does Qot extend
horizontally beyond the l~ts of ~uch ma~quee. For
the purpose of this chapter a marqu~e sign will be
considered as a wall sign. .
O. "Mul tiple-building compiex" means a group of commercial
or industrial structures.
P. "Multiple-tenant bUilding" means a single structure
hOUSing more than one 51).retail business, office or
commercial Yenture but not including residential
apartment bUildings, which share the same lot, access
and/or parking facilities.
Q. "On-premises sign" means a sign \o1hich carries
advertisements incidental to a la~ful Use of the
premises on ~hich it is located, including signs
indicating the business transacted at, serYices
rendered, goods sold or produced on the premises, name
of the person, firm or corporation OccupYing the
premises. .
R. "Off-premises sign" means any sign which ad~ert:i5es an
establisnment, merchandise, service, goods, Or
entertainment which is Sold, produced, and
manufactured, or furnished at a place other than on the
property on which said sign is loca~~~~.
S. ---1lPa"rapet II means a false front or wall extension above
the roof line.
T. "Perimeter" means a square or. rectangle required to
-- -enclose - the ''s''lgn area. ~
la.S6-3
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U. "Poli tical sign II means a temporary sign ~hich -
advertises a candidate(s) for public elective office or
urges a particular vote on a ballot measure in a
pending public election whether local, state or
national.
V. "Portable sign" means any sign J!1ade of any material,
including paper, cardboard, Wood or metal, which is
capable of being ~oved'easily and is not permanently
affixed to the ground, structure or bUilding. This
also includes sidewalk or sand~ich board signs, except
those worn by a person.
., W. "Premises" means the real estate as a unit, which is
in~olved by the sign or signs mentioned in this
chapter.
x. "Principal street frontage" means the principal street
which the sign fronts upon. If the business
establis~ent fronts upon more than One street, the
sign applicant may choose which street f~ontage the
measurements for sign a1:'ea are to be based upon.
Y. "PrOj ecting sign!' means a sign, other than a wall sign,
\oIhich is attached to and projects from a structure or
bUilding face.
Z. uReal estate sign" means a portable sign e:rected by the
owne%;' , or his agent, advertising th~ real estate upon
which the sign is located for .ren~, lease or sale, or
directing people to the pJ:'operty. 0
M. '"RevolVing sign" means any sign which rotates or turns
in motion by electrical or mechanical means in ~
,0 Cir1:ular pattern and does not exceed eight ca)
revolutions per minute.
BS. "Roofline" means the top edge of a roof or parapet or
the top line of a building silhouette.
ee. I. Roof sign" means a sign erected upon or above a roof
or ,parapet of a bUilding Or structure. Mansard roof
signs shall be considered as \oIall signs.
DO. "Sign" means' any visual Communication device,
structure, or fixture which is visible from any right
of way intended to aid the business. establishment
in question in promoting the sale of a product, goods
Or service Using graphics, symbols or written copy. .
For the purpose of this chapteE, a sign shall not be
considered to be bUilding OJ:' structural design. It
shall be restricted solely to graphics, symbols or
written copy that is meant to be Used in the
aforementioned way. -
0- EE,. "Sign area" means:
l. the total area of a sign visible fro~ anyone
ViewpOint or dire~tion, ~xcluding the sign Support
- - s tfuctU.re'~ architectural embellishments, Or
-
18.56-4
tm U10/028
--- ~&.""&.J
"
framework which contains no writt~n copy, and.
includes only one (1) side of a double-faced sign.
2. Individual letter signs using a wall as the
background without added decoration or change in
wall color shall be calculated by measuring the
perimeter enclosing each l~tter. The combined
total area of each individual letter shall be
considered the total area of the sign.
3. Module signs consisting of more than one (1) sign
cabinet shall be computed by adding together the
% total area of each module.
., 4 . Perimeter or sign area shall be established by the
smallest rectangle enclosing the extreme limits of
the letter module o~ advertising message being
measured.
FE". "Sign height" means the vertical distance measured from
the adjacent grade to the highest point of the sign.
GG. "Sign structure.. means any structure ~hicj) SUpports or
is capable of supporting any sign as defined in this
Chapter. A sign structure may be a single pole or may
or may not b~ an integral part of the bUilding or
structure. . '
HH. rrSingle tenant building" means a commercial bUilding or
structure that contains one enterpri$e Or OCcupant and
is generally under one ownership. . BUildings ~ithin a
multi-building complex may not be 'co~sidered a single
tenant building.
II. "Temporary building sign" means a sign erected and
maintained, on premises undergoing construction, by an
architect, contractor, sUbcontr~c,\:or , and/or material
man upon ~hich property such irrdi~idual is furniShing
labor or material.
JJ. IITemporary sign" means any sign or advertiSing display
constructed of cloth, canvas, light fabric, paper,
cardboard, or other light materials, with or ~ithout
frames, intended to' be displayed for a limited time
only. Signs painted upon windo~ surfaces which are
readily removed by washing shall be considered
temporary Signs. ,
KK. IIUnder-marquee sign" means a sign which is attached to
and SUSpended from a marquee but does not extend beyond
such marquee.
Lt. ~Wall sign" means a sign attaChed or erected parallel
to and extending not more than eighteen (18) inches
from the facade or face of any bUilding to which it is
attached and Supported. through its entire length, with
the e~pOsed face of the sign parallel to the plan~ of
said wall or facade. ..
=- MM. ~1"MonumentlMearan Sign II means a sign that is placed
within the median of a public street. These signs
18.56-5
----
Igj Ull/028
.,
shall only be al19wed to serve a multi-tenant -
development of fifty (50.) acres or more. The sign
shall only have two (2) faces, be no higher than 6 feet
and no longer than 18 feet. Only the name of the
development and/or logo shall be allowed with no
product advertising. The signa-are only allowed at
intersecting streets with the sign placed in the right-
Of-way of the street that is the entrance to the
development. Only one (1) sign per intersection is
allowed and only three (3) signs per development are
all"owed. The median adjacent tq. the sign shall be
landscaped in all directions of the sign with either
sod, annuals, ground cover, low grOwing shrubs, or a
COmbination thereof. The landscaping shall extend to
the edge of the median Or be five (5 ) feet in any
direction from the sign. A right-Of-way Use permit is
required ~hat addresses insurance, ~intenance, sight
distance and other applicable requirements of the City
Engineer. .
IB.56.030.Regulation By District.
No sign of any type shall he per~tted to be
constructed, erected, Or placed within a~ zoning district
unless it is listed as a permitted sign within the ~one or
listed as an exemption in Section 18.56.060.
A. Permitted signs in RR, RS, LHRS, Rl, and LHRl Zones:
1. Rea.l estate: see Section 18.56.040 (e) ;
2. Jiome occupation: See Section 18.60.020 (H) ;
3. Political: see Section 18.56.040 (a) i
4. Temporary building: one (-1) sign per project not
to exceed. sixteen (16) square feet in total area;
5. Pe~apent development sign: one (1) per entrance
not to exceed fifty (50 square feet in area and
ten (10) feet in height.
6. Freestanding: (non-reSidential uses only) one Il)
sign per street frontage ~ith a maximum sign ar~a
calculated at one (1) square foot per each lineal
foot of frontage, not to exceed fifty (50) square.
feet per face and ten (10) feet in height;
7. Wall; (non-residential Uses only) more than one
(1) allowed with a maximum sign area. calculated at
one (1) square foot per each lineal foot of
frontage, not to exceed fifty (50 ) square feet
total for all wall signs. , ,
E. P~rmitted 'signs in R2, LHR2, R3 and LHR3 Zones:
l. Real estate: see section 18.56.040 (e) ;
2. Home occupation: --See se<;tion'18.60.020(H);
-- -3:- POlitical: see section 18.56.040 18);
.
18.56-6
----
-- -
tg] 012/028
---- -~- ---- -------. ...._..... ...&.4.............. ~n 0
-,
4 . Temporary building: one (1) sign per project.not
to exceed sixteen ( 16) square feet in total area;
5. ~ermanent development sign: one (l) per entrance
not to exceed fifty (50 ) square feet in area and
twelve (12) feet in height;
6. Freestanding (non-residential uses only):
. a. Single tenant bUilding: One (1) sign per
street frontage with a maximum sign area
calculated at one (1) square foot per each
lineal foot of frontage, not to exceed fifty
~~ 0" ( SO) square feet per face and twelve (12)
., feet in height;
b. MUlti-tenant building and multi-building
comple}c: One (1) sign per street frontage
with a maximum sign area calculated at one
(1) square foot per each lineal foot of
frontage, not to exceed seventy five (75)
feet per face and twelve (12) ~~et in height.
7. Wall: (non-residential Uses only)
a. Single tenant buil~in9: More than one (1)
allowed with a maximum sign area calculated
at one (1) square foot per each lineal foot
of frontage, not to exceed fifty (50)
square feet total for all ~all signs;
-b. Multi-tenant building a~d multi-building
complex: .Each leased space may be allo~ed
outside wall signage with a maximum sign
area calculated at one (1) square foot per
lineal foot of leased fr~ntage not to exceed
" fifty (50) square feet of total wall signs
per each leased spac~. The owner/manager
'shall be responsible for the placement of the
signs.
8. Any'sign may be indirectly illuminated, only.
C. Permitted signs in R4, LHR4, RO, R-MHP, LHRMHP, P-l,
LaPl I and LHI zones:
1. Real estate: see Section 18.56.040 ee) ;
2. Home occupation: see Section 18.60.020 (H) ;
3. POlitical: see Section 18.56.040 (8) ;
4 . Directional; .
5. Temporary bUilding: one (1) sign per project not
to exceed thirty-two (32) square feet in total
area;
6. Freestanding:
a. Single tenant building: One (l) sign.. ,per ....-..
street frontage with a maximum sign area
calculated at one ( 1) square foot per each
lineal foot ~f frontage~. not to exceed one
- ~ -- -hunored (100) square feet per' face and thirty
--
( 30) feet in height;
18.56-7
~ UL~/ V..:::O
b. Multi-tenant bUilding and mUlti-building.
complex: One (1) sign per street frontage
with a maximum sign area calculated at one'
(1) square foot per each lineal foot of
frontage, not to exceed One hundred twenty-
five (125) square fe~ per face and thirty
~ (30) feet in height.
7. Wall:
a. Single tenant bUilding: More than one (1)
allowed ~ith a maximum sign area calculated
~ at one (i) square foot per each lineal foot
of frontage, not to exceed one hundred (100)
square feet total for all wall signs;
b. Multi-tenant bUilding and mUlti-building
complex: Each leased space may be allowed
outside wall signage with a maximuru sign
area calculated at one (1) square foot per
lineal foot of leasea frontage .,not to exceed
one hundred '(100) square feet of total wall
signs per each leased space. The
owner/manager shall be responsible for the
placement of the signs.
8. Any sign ~ay be indirectly illuminated, only.
D. Permitted signs in RO-H and eN zones,:
1. 'Real estate: see Section 18.56.040 ee);
2. Political: See Section 18.56.040 (B);
3. Directional;
4. Temporary building: one sign per project not to
exceed thirty two (32) square feet in total area;
5. Temporary windo~ signs; see Section 18.56.040 (E)
(2) ;
6. Temporary signs, external to a building: see
Section 18.56.040 (E) (1), this provision does not
allow pennants;
.7. Portable: see Section 18.56.040 (D);
B. Freestanding:
a. Single tenant building: One (1) sign per
Street frontage with a maximum sign area
calculated at one (1) square foot per each
lineal foot of frontage, not to exceed one .
hundred twentY-fi~e (125) square feet
per face and thirty (30) feet in height;
b. Multi-tenant building and multi-building
complex: One (1) sign per street f40ritage
with a maximum s_~gn area calcula,ted at one-. '..
and one half (1 1/2) square feet per each
lineal foot of frontage, not to exceed one
-- hun.g;::ed fifty (150) .square feet per face a~d
- - - thirty (30) feet in height. '
18.56-8
~ 014/028
---- -............ ,,""'.... ............-.. .-----..~, v...~~ .l:l.ALL ., -
--. ..
.
9. Wall:
a. Single tenant bUilding: More than one (1 )
allowed with a maximum sign area calculated
at one (1) square foot per each lineal foot
of frontage, not to exceed One hundred
twenty-five (125) square feet total for all
wall signs.
b. Multi-tenant building and mUlti-building
i complex: tach leased space may he allowed
outside wall signage with a maximum sign
area calculated at one (1) square foot per
lineal foot of leased frontage not to exceed
. . one hundred twentY-five (125J square feet
of total wall signs per each leased space.
The owner/manager shall be responsible for
the placement of the signs.
10. Marquee: One (1) double face under il'larquee sign,
not exceeding six ( 6) square feet per face may be
. allowed for each business entrance. There shall
be a minimum of eight (8) feet of clearance
between the grade and the sign.
11. Any sign may be either indi~ectly or directly
. illuminated. ,
E. Permrtted signs in el, tHe1, C2, and BP zones:
1. Real estate: see Section 18~56.040 (C) ;
2'. Political: see Section 18.56.040 (B);
3. Directional:
4. Temporary bUilding: one (1) sign per project not
to exceed thirty-two (32) square feet in total
area;
5. Temporary window: see Section 18.56.040 (E) (2 )
6. Temporary~ external to a building: see Section
18.56..040 CE)(!), this provision does not allow
pennants;
7. Portable: see Section 18.56.040 (D) ;
8. Freestanding:
a. Single tenant building: One (1) sign per
street frontage with a maximum sign area ,
calculated at One Cl) square foot per each
lineal foot of frontage not to exceed one
hundred fifty ( 150) square feet per face and
thirtY-five (35) feet in height.
b. MUlti-tenant bUilding and mUlti-building
c~~p.lex : One (1) si~n per street fron~a9~ ..
' , with a maximum sign area calculated at one
and one-half (1 1/2) square feet per each
-., - - li,ne,gl foot of frontage'not to exceed one
- hundred seventy five (175) square feet per
face and thirtY-five ( 35) feet in height.
~8.S6-9
I(lj 015/028
- ---. ............. ~L..~
' , - -- .
0_- _
9. Wall: .
a. Single tenant bUilding; More than one (l)
allowed with ~ maximum sign area calculated
at one and one half (1 1/2) square feet per
each lineal foot of frontage, not to exceed
one hundred fifty (lS~) square feet total for
all wall signsi
b. Multi-tenant bUilding and multi-building
complex: Each leased space may be allowed
outside wall signage with a maximum sign area
~ 'calculated at one and one-hal~ (1 1/2) square
feet per lineal foot of le&sed frontage not
to exceed one hundred fifty (150 ) square feet
of total ~all signs per each leased space.
The owner/manage~ shall be responsible for
the placement of the signs.
10. PrOjecting and roof: One (l) projecting or one
(1) roof sign may be allo~ed in lieu.~of an allowed
freestanding sign with the sign area not to exceed
fifty (50%) percent of that allowed for the
freestanding sign. Roof signs are not allowed in
the C-2 zone and projecting signs may only project
a maximum of twentY-four (24) inches from the
bUilding face in the C-2 zone. .
1l. -Marquee: One (1) double face under marquee sign,
not exceeding six ( 6) square .feet per face may he
allowed for each business entrance. There shall
be a minimum of' eight .( 8) feet of clearance
between the grade and the sign.
12. Any sign ~y eith~r be indirectly Or directly
illuminated.
13. RevOlving freestanding on-premise 5igns are
permitted.
14. Monument/median signs.
F. Permitted signs in C-3, M-1, M-2, and LF zones:
1. Real estate: see Section 18.56.040 (C) ;
2. POlitical: see Section 18.56.040 (B) ;
3. Directional;
4. Temporary building: one ( 1) sign per project not
to exceed thirty-t~o (32) square feet in total
area;
5. Temporary window: see Section 18.56.040 (E) (2) ;
6. Temporary, external to a bUilding: See Section
18.56.040 (E) (1) :
7. Portable: See Sec~ion 18.56.040 (0) ;
8. Freestanding.
a. Single tenant building: One (1) sign per
_.. -- - s~.;.-s.~t front-age wi t~ a maximum sign area
- calculated. at one and one halr C1 1/2} square
feet per each lineal foot of frontage not to
18.56-10
l@ U16/028
.. . ,- .
-- -
exceed two hundred (200) square feet per-
face and not to exceed forty five (45 ) feet
in height.
b. Multi-tenant bUilding and multi-building
complex: One (1) sign per street frontage
with a maximum sign area calculated at one
and One half (1 1/2) square feet per each
lineal foot of frontage not to exceed two
hundred fifty (250) square feet per face and
$"i ." not to exceed fo~tY-five (45 ) feet in height.
9. Wall:
a. Single tenant building: More than one (1)
allowed ~ith a maxim~ sign area calculated
at two (2) square feet per each lineal foot
of frontage, not to exceed t~o hundred (200)
square feet total for all wall signs.
b. Multi-tenant bUilding and ~ulti-huilding
complex: Each leased space m.ay~be allowed
outside wall signage with a maximum sign
area calculated at two (2 ) square feet per
lineal foot of leased frontage not to exceed
two hundred (200 ) square feet of total wall
'signs per each leased space. The
owner/manager shall be responsible for tpe
placement of the signs. .
10. Projecting and roof: One (I} projecting or one
(1) roof sign may be allowed in lieu of an
allowed freestanding sign with the sign area not
to exceed fifty (50) percent of.that allowed for
the freestanding sign.
11. Marquee: One (1) double face under marquee sign,
not exceeding six (6) square feet per face may be
allowed for each bUsiness entrance. There shall
be a minimum of eight (8) feet of clearance
between the grade and the sign.
12. Freestanding off-premise signs ~hich are local
serving are permitted as follows:
a. The sign shall be located no further than
five hundred (500) feet from the business
establishment the sign is intended to -
advertise.
b. No such sign shall be located closer than one
hundred fifty (150) feet 'to any residential
zone, and shall not interfere with or
. ... .... obstruct the view from any residential ZOne.
c. No such sign shall obstruct the visibility of
anyon-premises signs.
- - d, __ The~e shall ~e a miQimu~ distance of one
- hundred fifty (150) feet between any two (2)
off premise signs, except that double faced
18.56-11
~ 017/028
--- -~- --- ---- -------. ............... D.ALL.. ..
signs with the faces in opposite dire~tions
may be permitted. Those signs for whtch a
permit was.first issued shall be used to
establish the ~inimum distance.
e. Such signs shall not exceed a height equal .to,
one (l) foot for each- foot of setback, not to
exceed thirty (30 ) feet, and in no case shall
the setback be less than twenty (20) feet,
measured from any street ~ight of way.
f. No such sign shall be allowed to exceed one
f hundred fifty (lSO) square feet of sign area
.,
per sign face.
g. Such signs may have two (2 ) faces only, back
to back, no "V" shaped or similar shaped
signs are permitted.
13. Any sign may either be indirectly or airectly
illuminated.
14. Revolving freestanding on-premise s~ns are
permitted.
15. Monument/median signs.
t
18.56.040 Special Signs.
A. Civic signs: ,
. . The Suilding Official may approve .and permit to he
erected entrance signs, at or near the ~ity limits, on
private property with the owner's permission, on which may
be listetl institutional names, or points of interest. The
total area of such sign shall not exceed twenty-four (24)
square feet per face or twelve (12) feet in height. Such
sign shall not be placed so as t9 cause a t~affic hazard,
and shall be approved as to placement by the City Engineer.
B. Political signs:
1. Political signs shall not be placed upon public
streets, public property, highw~ys, or rights of
way within the corporate limits of the City.
Signs placed on private property req~ire
permiSSion of property o~ner.
2. Political signs Shall be removed within fourteen _
(14) days after the election, except that a
candidate who wins a primary election may continue
to display political signs until fourteen (14)
days after the general election.
3. Political signs less than sixteen ( 16) square feet
shall not be reqq~t~d to. have a permit or pay a
fee. No other regulations apply except as
outlined in subsection 1.
4 . Poli,tical_ signs sixteen c.16)"square feet or larger
- shall be limited to one (1) sign per candidate or
issue, on a private lot and shall he regulated as
18.56-12
"'" V.1.0/ uz~
.-- -
--. .
-,
follows: no person, association, corporation, or
Organization shall place, construct, erect'or
install any political or campaign sign of any kind
or nature in any election, upon any vacant
property or abandoned vehicle or machinery placed
on vacant property unless-a permit has been
" secured from the Building Official and the
fo1lo~ing information supplied:
a. Number of signs,
b. Location,
" Written permission from property OWners,
., c.
d. Size of signs.
5. Political signs in excess of thirty-two (32)
square feet shall con~orm to the provisions of the
off-premises. signs, section la.S6~O/O ( F) (12)
excepting subsection a.'
C. Real estate signs:
~o sign permit is required, except as previded in
paragraph 6 below. All ext~rior real estate sign~ must be
of wood or plastic or other durable material. The permitted
signs are as follows:
1. Residential "for sale" and "sold' signs: Such
signs shall he limited to one{l) sign per street
.frontage not to exceed five (5), square feet in
'sign area per side, placed entirely on the
property .for sale, and not to exceed a height of
seven (7) feet.
2. Residential directional "open house" signs: Such
signs shall be limited to one (1) sign per street
frontage on the premises for sale and three (3)
Off-premises signs. However, if a broker/agent
has more than one house open for inspection in a
single development or subdi~ision, he is limited
to four (4) Off-premises "open house" signs in the
entire development or subdivision. Such signs are
permitted only during daylight hours and when the
b~oker/agent or seller or an agent is in
attendance at the property for sale. No such sign
shall exceed five (5) square feet in sign area per
side. The sign maybe placed along the periphery'
of a public right-of-way, prOvided it does not
interfere with traffic safety, but it may not be
attached" to a utility pole or traffic safety
d.evice.
3. Undeveloped commercial and industrial prGperty
.. -- "for sale or rent: signsfl One (1 ) sign per street
frontage advertising undeveloped commercial and
--- --- industr.i.;l.l property for ~ale'or for rent is
- permitted while the property is actually for sale
or rent. The sign shall not exceed thirty-two
18.56-1.3
I4.J 019/028
- - - .............. -........... ~..."-._....A'-I.' _~.&.A. aAL..L
(32) square feet in sign area per side and.eight
(8) feet in height.
'" . Developed commercial and industrial property "for
sale or rent~ signs: One (1) sign per Screet
frontage advertising a commercial or industrial
. building for rent or sale ~s permitted while the
bUilding is actually for rent or sale. If one
face of the building is less than ten ( 10) feet
from the building line, the sign shall be placed
. On the building or in a window. The sign shall
., ~ not exceed eight (8) feet in height, if
freestanding, it shall be located more than
fifteen (IS). feet from any abutting property line
and a public right-of-~ay line. Said sign shall
not eKceed thirty-two (32) square feet ~ sign
area per side.
5. Undeveloped residential property "for saleb signs:
One (1) sign per street frontage advertising
undeveloped residential property for sale is
permitted not exceeding thirty-two (32) square
feet in area per side, nOr e~ceeding a height of
eight (8) feet. If the sign is greater than five
(5 ) square feet.in area, it must he placed more
.than thirty ( 30) feet from ,the abutting property
'I ine .
6. (
Additional signs: The Hearing Examiner may 9r~nt
a special permit to allow temporary Off-premise
signs in addition to those permitted above, not to
exceed five (5) square feet in size per side, or
forty-two ~42) inches in height. Notice of
adjacent..property owners shall not be requi.red.
SUch addi.tional signs may be Used to advertise
open house, to provide directions to new
developments, or similar purposes. Such signs may
he placed along the periphery of the public right-
of-~ay, provided they do not interfere with
traffic safety, but they may not be attached to
utility poles or traffic safety devices. The
Hearing Examiner Shall determine the number and
locations of such signs, and the period during
which they may be displayed. The Hearing Examiner
shall take into account the number of existing
signs in any proposed location, and shall limit or
prohibit new ones 50 as to prevent a traffic
safety haZ~~Q or a detri~ental effect 'on -..
- . neighboring property.
D. Portable signs:
- _On.e (1) --portab.le sign may be allowed per each bUSiness
SUbject to the following; .
18.56-14
~ 020/028
- - - -.... - - - - - -- - - - -- ---.. .......c:LL.I.1..4 ,--
--. ..
1. May not be placed within public right of ~ay nor
interfere with pedestrian or vehicular traffic;
2. May not he placed in landscaped areas;
3. May not exceed nine (9) square feet per face and
be limited to two (2) faces:
'1. May be displayed during b~siness hours only;
5. Existing portable signs which do not comply with
these provisions will ha~e one (1) year, from the
adoption date of this chapter, to comply with
.i;- these prOVision;
, 6. Sign permits are not required.
E. Temporary signs:
1. Temporary signs, banners, posters, flags,
pennants, and balloons which are intended to
announce. the opening of a ne~ business, celebrate
business anniversaries, announce major sales, or
advertise other similar events ~ay be allowed
SUbj ect to the following: ,~,~
'a. No more than four (4 ) such signs may be
allowed per calendar year and there must be
sixty. (60) days between the placement of
the signs.
,b. No such sign shall remain up for more than
fifteen (15) days. \
.c. The total sign area shall not e~ceed thirty
(30) square feet.
d. Permits are not required ekcept as outlined
in subsection (1) (e) .
e. Signs which exceed the allowable size and
time duration. must receive a permit issued
by the Hearing Examiner if special
circumstances exist that warrant the
additional signage.
2. Temporary signs to be displayed within a window
may be allowed subject to the following:
a. The total sign area shall not exceed fifty .
. (50) percent of the windo~ area in which case
there shall be no time restrictlons on the
display. -
b. For those signs whiCh exceed fifty (50)
percent of the window area there shall be a
time limitation of fifteen ( 15) days for
such signs. These signs shall Occur no more
than four (4 ) times per year and there must
be _a minimum of six.t-y.. (60) days between ... .. -
the pracement of such signs.
c. Permits are not required except as outlined
- - -- in--subsect:ion (1) (e)..
- d. Signs which exceed the allowable size and
time duration must receiVe a permit issued by
18.56-15
- ---- ~.
IffJ U211028
- --~ - - - - --............
~ - - - - - -- - --- .. .
the Hearing Examiner if special circumstances
exist that warrant the additional signage.
3. Street banners of a non-political nature
advertising civic events sponsored by a non-profit
organization may be installed at a predesignated
location within the 200 blocK of East Main Street
for a period not exceeding two (2 ) weeks in
duration. Requests to install banners shall be
made by application to the City Engineer who shall
j have the authority to administer the issuance
of any such permits. The application shall he
made On forms provided by.the City Engineer, and
'issuance of any of such permit shall be subject to
insurance requirements, bond requirements, hold
har~ess agreements, and other administrative
details as administered by the City Engineer.
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18.56.050 General Provisions.
A. Sign area, placement, additional frontage, additional
signage:
1. The allowable sign area shall be calculated by
USing the building frontage or lot frontage,
'whichever 1s greater. \
2. 'The business person may place the sign or signs
any place' on the business establishment or lot;
however, freestanding signs must be located
entirely Upon private property and Shall not
project over public right of ~ay.
3. In order to encourage the setting back of
freestanding signs an additional 1.2~ p~rcent of
Sign area may be added, for each one (1) foot of
set back provided, up to a maximum of twentY-five
(25%) percent. .
4. Off-premise freestanding signs will have a twenty .
(20) foot set back measured from any street right
of way. No bonuses of sign area will be allowed
for additional set back.
5. Corner locations or locations with frontage on
mOre than one (1) street are permitted one (1 ) -
additional sign for the additional street
frontage. provided. that no freestandin~n
shall be located closer than one hundre _ 0[:>
feet to another freestanding Sign on the same lot.
~~~h secondary freestanding, projecting or roof _
-.. - si.gn~ . ~hll.l1 be lind ted to an"area not greater
- than fifty (50\) percent of the area allowed for
the same Cype of sign on.the main street
frontage. Wall signs are allowed on each frontage
~ith its size calculated by each frontage. For
18.56-16
IeJ U22/028
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projects that have 500,000 square feet or more of
floor area and more than one frontage each
freestanding sign shall be allowed its maximum
area for each sign, calculated by its frontage.
The additional signs must be placed to be
~ primarily viewed from the secondary street and not
placed to add additional signs to the principal
street frontage. .
6. On a busin~ss, multi-tenant bUilding, or multi-
~. building complex with total frontage on the main
., street of more than three (300) hundred feet , the
business shall be allowed One (1 ) additional
freestanding sign for each three hundred (300)
feet of frontage, not to exceed one hundred fifty
square feet per~~~Ch sign shall be placed
one hundred fif 1 eet apart. Thls shall
only apply to commercial or industrial 20ned
property. If under this provision only one (H
freestanding sign is used for the entire 'frontage
then the allowable sign area ~y be increased up
to three hundred fifty (350) square feet per face
with no other area bonuses. allowed.
7. The area of a sign may be increased up to twenty-
five (25%) percent when only. one (1) sign is used,
'provided that all other secti'ons of this chapter
are complied with~
8. For de~elop~ents that have SUbstantial building
Set backs, at least 100 feet, from tha public
right-of-way the square footage of wall signs may
be increased by one-half (1/2) square foot for
each foot the sign sets back from public right-of-
way. The maximum additional square. footage shall
be 150 square feet.
B. Projection, clearance and sight distance:
1. No projecting sign shall project more than six ( 6,)
inches above or over the ~all roof line or parapet
of the bUilding to which it is attached.'
2. PrOjecting signs may not project more than five
CS) feet from the property line Or bUilding face .
and must be a minimum of two (2 ) feet from a cub
unless otherwise specified by this chapter, and
shall conform to Section 403 of the Uniform Sign
Code. Projecting signs within the C-2.zone may
only project twenty four (24) inches from the .....-- . ,-,
building face.
3. All projecting signs OVer the public right of way
must be a minimUm. of eight (~) feet above the
- ~ sidewalk--except when loc;:a.ted in an..alley or in an
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area where motor trucks may be required to pass,
in which case the minimum vertical clearance Shall
18.56-17
IlZJ 023/028
- ---- ....---
he fourteen (14 ) feet and conform to Secti9n 403
of the Uniform Sign Code.
4 . Roof signs may not extend more than five (5) feet
in height above the roof.
S. Signs must meet vehicular sight distance
requirements established by the City Engineer
.. pursuant to Section 18.48.020(B).
C. Exposed angle iron an~ ~ire:
When a projecting or roof sign is used, no an'gle irons,
guy wires or braces shall be visible, except those that are
., an integral part of the overall design, such as decorative
metals or woods, or unless they are required for safety.
D. Lighting provisions:
1. All lighting shall be arranged to reflect away
from any residential Zone as well as no person
shall construct, establish, create or maintain any
stationary exterior lighting or illumination
system Or any interior system which~is intended to
be viewed from a street, highway or other public
thoroughfare used for vehicular traffic which
system contains or utilizes:
a. Any exposed incandescent lamp with a wattage
in excess of twenty five (25) watts,
b. Any exposed incandescent lamp with an
internal metallic reflector,
c. Any e~posed incandescen~ lamp with an
external reflector,
d. Any revolving beacon light,
. Any continuous 'or sequential flashing
e.
operation in which more than one-third of the
lights are turned off' at anyone time and/or
which uses light of more. than twentY-fi~e
(25) watts.
2. These provisions shall not apply to:
a. Lighting systems owned or controlled by any
public agency for the purpose of directing or
controlling navigation, traffic, Or highway
or street illumination,
b. ~i~craft warning lights, -
c. Electronic info~ation systems which display
the time of the day and/or the atmospheric
temperature or programmable electronic
messages of a public service or commercial
nature.
E. Construction prov~S~~ns: .. .....-.. . , .....
-. 1. Each sign shall be adequately constructed in
aCcordance with the requirement of the Uniform
~2-: BUiJ.qing_~.qnd Sign-- COdes, .as amended;
-- Sign~ containing electrical circuitry shall meet
the requirements of the National Electrical Code
18.56-18
Igj UZ4/028
- --- --...-.....
and all state laws, and shall include an apprGved
testing lab sticker. ,
F. Change of copy:
The hOlder of a permit, for the duration thereof, shall
have the right to change the advertising copy on the
structure or sign for which the-permit was issued
without being required to pay any additional fees.
18.56.06p Exemptions.
, The~following are exempt from the provision of this
chapter:
~. Painting, repaint1ng, cleaning, repairing, and other
normal maintenance unless structurai or electrical
changes are made;
B. Temporary signs and decorations customary for special
hOlidays erected on private property;
C. Religious symbols; =-'
D. Memorial signs or tablets, names of bUilding, dates. of
erection and the like;
E. Signs required by law, traffic Or pedestrian control
signs, signs indicating scenic or historic points of
interest, which are erected by or on the order of a
pUblic officer in the performance o~ his'Public duty;
F. SCUlptures, fountains, mosaics, and design features
~hich do not incorporate advertis~ng or identification;
G. The flag of a government or noncommercial institutions
such as' schools, with the poles treated"as structures;
H. Official public notices, off1cial Court notices;
I. Incidental signs;
J. Signs not intended to be viewed' from street right of
way;
K. Lettering or Symbols painted directly onto or flush
mounted magnetically onto an operable vehicle.
18.56.070 PrOhibited Signs.
From and after the effective date of this chapter it
shall be unlawful for any person to erect or place within
the City: .
A. ~ SWinging projecting sign:
B. Strings of lights, banners, balloons, pennants,
ribbons, steamers, spinners, rotating or blinking
lights~ or similar devices, except as permitted by
Section 18.56.040 (E); .... "_. .... _ ...
.,... C.'. "FlaShing signs, except as permitted in Section
18.56.050 (0);
D. Sign's attache_d.. to, or placed q.n, a' vehicle or trailel'
-- ~ parked on priva'te or public property. This prOVision
is not co be construed as prohibiting the
18.56-1~
I(fJ UZ5/028
- -
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,
identification of a firm or its principal products'on d
vehicle operating during the normal Cours~ of business.
This does not include automobile for sale signs or
signs attached to franchised bUses or taxis;
E. Private signs placed in or on a public right of way,
monument/median signs permitted-by this chap~er are
however allowed;
F. Any sign which constitutes a traffic hazard or
detriment to traffic safety by reaSOn of its siz~,
location, movementJ content, c~loring, or method of
., ill1imination, or by Obstructing the vision of drivers,
or detracting from the Visibility of any official
traffic control device by diverting or tending to
divert the attention of drivers of moving vehicles from
traffic movement on streets, roads, intersections, or
access facilities. No Sign shall he erected so that it
Obstructs the vision of p~destrians which by glare or
method of illumination constitutes a haLa~d to traffic.
No sign may Use ~ords, phrases, symbols or characters
in Such a manner as to interfere ~ith, mislead, or
Confuse traffic;
G. Any sign or advertising structure or SUpporting
structure which is torn, damaged, defaced or destroyed.
H. Any Sign, inclUding the sign str.uct~e, now or
hereafter existing which no longer advertises a
bonafide Dusiness conducted or a product sold Shall be
taken down and removed by the owner, agent or person
having the beneficial Use of the land, bUilding or
structure Upon which such sign may be fOU?d within
ninety (90) days after written notification from the
BUilding Official.
I. Signs attached to utility poles, trees, rocks or other
natural features;
J. Signs attached to benches on public right of way.
18.56.080 .~onconforming Signs.
~ermanent signs established legally P~ior to the
adoption of this chapter that do not conform to the
regUlations of this chapter with regard to number, Size,
height or location shall be allowed to remain as legal non-
confo~minq signs until the sign is remOved, structurally or
electrically changed, or moved. In Such cases the Sign
shall be treated as a new sign.
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18.56.090 Administrative Provisions.
A. Pe ~mi ts __requi};.~d: .
-- --No sign shall hereafter be erected, reerected,
constructed, altel:ed, or maintained, except as provided by
18.56-20
~ 026/028
---- -------. ---- ----
-.
this chapter and, when required, a bUilding permit for the
same has been issued by the BUilding Official. A separate
permit shall be required for a sign or signs for each
business entity and/or a separate permit shall be required
for each group of signs on a single SUpporting structure.
1. Application for permits: Application for sign
permits shall-be made to the BUilding Official on
a foim as provided by the BUilding Division. Such
application shall requiFe:
a. Name of business and address where work is to
~. be performed;
b. Name and title of the person completing the
application;
c. Name and address, telephone number of the
person or fir:m doing the work and preferably
the owner of said establishment;
d. Washington contractors registration number,
industrial Use permit number, Ules tax
number; .'
e. A site plan showing location of the sign in
relation to buildings, property lines and
street right of way inclUding the size and
location of all existing signs on the
property; ,
'f. 1\ scale drawing of the proposed sign or sign
revision shoWing size, -height, copy,
structural and footing details, and material
specifications;
g. A description of work to be performed and
type of sign;
h. Electrical load with -name of electrical
. contractor responsible for installation of
service feed wires if other than sign
contractor.
i. Structural engineer's stamp required on those
. signs and sign structures subject to ~indand
seismic forces.
2. ReVocation of permit: The Building Official may,
in writing, suspend or re~oke a permit issued
under provisions of this chapter whenever the
permit is issued in error or on the basis of
incorrect information SUPPlied, or in violation of
any ordinance or regulation or any of the
prOvisions of this chapter.
3. Permit fee schedule: !he fees PXescribed in the ..
City's fee'schedule must be paid to the City for
each sign installation for which a permit is
- - reguir~c:;Lpy this -<;;hapter.and.must be paid before
-- any such permit is iSSUed by the Building
Official. Fees for building permits for each sign
18.56-21
~
IaJ 027/028
---- -------. -......... ~ ..
-.. .
erected, installed, affi~ed, structurally altered,
relocated, or created by painting shall be set in
accordance with the City's fee schedule.
. B. Interpretation: In all applications for permits 'where
a matter of interpretation arises, the most restrictive
definition shall prevail. -
18.56.100 Appeals and Variances.
Variances to the ordinance and appeals from decisions
., of the ~uilding Official shall be made to the Hearing
Examiner.
A. Appeals of administrative decisions with regard to this
chapter shall be processed in a manner consistent with
Section 18.70.050.
B. Ip a petition for a variance, the Hearing Examiner
shall have the power and duty to hear, decide, grant,
grant with conditions, or deny the reques1ed variance
after a public hearing has been held pursuant to
Section 18.70.040. The examiner may grant a variance'
from the provisions of this chapter only when all of
the fOllowing finding~ of fact are ~et:
1. The literal interpretation and strict application
,of the provisions and requirem~nts WOuld caUSe
'undue and unnecessary hardsh~p because of unique
or unusual conditions pertaining to the specific
bUilding, parcel or property in question; .and
2. The granting of the requested variance ~ould not
be materially detrimental to the public ~elfare or
injurious to the property or property OWners in
the Vicinity; and
3. The unusual conditions applYing to the specific
property do not apply generally to other
properties ~n the City; and
4. The granting of the variance ~ould not be contrary
to the general objective and intent of this
chapter, this Title, or the Comprehensive Plan.
The action of the Hearing Examiner rejecting, approving or
modifying 'any decision or application is final, SUbject to
appeal to the City Council. ,
18.56.110 Liability.
This chapter Shall not be constitute~ to relieve from
or lessen toe responsibility of any person o~ning, bUilding,
.a~~exing, constructing, removing or moving any sign in the
City ,for damages to anyone injured Or damaged either in
person Or property by any defect therei-n; nor shall the
- - City; Or anY-agenE~thereof, be held as assuming such
liability by reason of permit or inspection authorized
18.56-22
- -- -
, -
- ~ 028/028
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herein,or a certi'ficate of inspection issued by the Cit~ or
any of its agents.
18.56.120 Conflicts Repealed.
All sections or pal:ts of sectioos of the municipal
code, all ordinances and all resolutions or parts of
reSOlutions, in conflict hereWith, be and the same, are
repealed to the extent of such conflict.
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18.56-23