Deer Park City Zoning Code
CHAPTER 18
78 SIGNAGE REGULATIONS
§ 18.78.010 Purpose, intent and scope.
The purpose and intent of this chapter is to promote commerce, traffic safety and community identity while improving the visual environment of residential, commercial and industrial areas.
This chapter shall not regulate traffic and directional signs installed by a governmental entity or in a private parking lot; signs not readable from nor intended to be viewed from a public right-of-way; merchandise displays; point-of-purchase advertising displays, such as product dispensers; national flags; flags of a political subdivision; symbolic flags of an institution; legal notices required by law; barber poles; historic site monuments/ plaques; gravestones; structures intended for a separate use, such as phone booths, donation and recycling containers; lettering or symbols painted directly onto or flush-mounted magnetically onto a motor vehicle operating in the normal course of business.
(Ord. 686 § 1, 1996)
§ 18.78.020 Definitions.
For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
A.
"Banner"
means any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
B.
"Bulletin board"
means any sign erected by a charitable, educational or religious institution or by a public agency, which is erected upon the same property as said institution or agency, for the purposes of announcing events which are held on the premises, and contains no commercial message. Announcement of event signs shall be removed from all bulletin boards within two days after the event takes place; however, lost and found pets and personal property information on public agency bulletin boards may be retained until the pet or property is reunited with its owner, but in no event for longer than 120 days after the initial date that the pet or personal property was lost or found.
C.
"Flashing sign"
means an illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.
D.
"Incidental sign"
means a sign, generally informational, that has a purpose secondary to the use of the building or lot on which it is located, such as "no parking," "entrance," "exit," "loading only," "telephone," and other similar directives. No sign with a commercial message, legible from a position off the lot on which the sign is located, shall be considered incidental.
E.
"Off-site sign"
means a sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered, or existing elsewhere than upon the same lot where such sign is displayed. The term off-site sign shall include an outdoor advertising sign (billboard) on which space is leased or rented by the owner thereof to others for the purpose of conveying a commercial or noncommercial message.
F.
"On-site sign"
means a sign which directs attention to a business, commodity, service, entertainment or attractions sold, offered or existing on the same lot where such sign is displayed; provided, an on-site sign may also display a noncommercial message.
G.
"Pennant"
means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, and designed to move in the wind.
H.
"Portable sign"
means any sign not permanently attached to the ground or a permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; A-frame or T-frame signs; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
I.
"Real estate sign"
means a temporary sign placed upon the property for sale, lease, or rent for the purpose of advertising to the public the sale, lease, or rent of said property.
J.
"Residential sign"
means any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the city of Deer Park.
K.
"Temporary sign"
means any sign that is used only temporarily and is not permanently mounted.
L.
"Wall sign"
means any sign that shall be affixed parallel to the wall or printed on the wall of any building in such a manner as to read parallel to the wall on which it is mounted; provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purpose of this chapter, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign. Any sign that is affixed to the building marquee, building awning, or a building canopy shall be considered a wall sign.
M.
"Window sign"
means any sign, pictures, symbol, or combination thereof that is placed inside a window or upon a window.
(Ord. 686 § 1, 1996; Ord. 722 § 150, 1998; Ord. 797 § 1, 2003; Ord. 974 § 1, 2018)
§ 18.78.030 Permits required – Exceptions.
A.
No sign shall hereafter be erected, re-erected, constructed, painted, posted, applied or structurally altered except as provided in this section and pursuant to a sign permit issued by the planning director. A separate sign permit shall be required for each group of signs on a single, supporting structure installed simultaneously. Thereafter, each additional sign erected on the structure must have a separate sign permit.
B.
Exceptions. The following shall not require a sign permit; provided, however, that these exceptions shall not be construed as relieving the owner from the responsibility to comply with the provisions of this code or any other law or ordinance, including the Uniform Building Code.
1.
The changing of the advertising copy or message on a lawfully erected sign, readerboard, or similar sign specifically designed for replaceable copy;
2.
Painting, repainting, or normal maintenance unless a structural or electrical change is made;
3.
Temporary banners and temporary signs as permitted herein;
4.
Real estate signs as permitted herein;
5.
Temporary political signs;
6.
One nonelectric bulletin board as permitted herein for each charitable, educational, or religious institution, or by a public agency, not exceeding 32 square feet per side of a two-sided sign;
7.
Temporary contractor, architect, surveyor or engineer signs as permitted.
(Ord. 686 § 1, 1996; Ord. 797 § 2, 2003; Ord. 974 § 1, 2018)
§ 18.78.040 Permit process and fee.
If a sign requiring a permit under the provisions of this chapter is to be placed, constructed, erected, or modified on a lot or parcel of property, the owner of the lot or parcel shall secure a sign permit prior to the construction, placement, erection, or modification of such sign. No signs shall be erected in the public right-of-way except in accordance with this chapter. No sign permit of any kind shall be issued for an existing or proposed sign unless such sign is consistent with the requirements of this chapter, unless, under the variance provisions authorized in this chapter, the city has first authorized an exception to the signage area, bulk, height, and/or setback.
A.
Applications. All applications for sign permits shall be submitted to the planning director on an application form or in accordance with the application specifications of the building inspector with the following minimum information:
1.
Name, address and telephone number of the applicant;
2.
Site plan of the parcel showing location of the building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected;
3.
Position of the sign or other advertising structure in relation to nearby buildings or structures, including dimensional data;
4.
Two blueprints of the plans with color designation, specifications, method of construction and attachment to the building or in the ground;
5.
Name of person, firm, corporation erecting the structure and copy of contractor's license;
6.
Written consent of the owner of the building, structure or land to which or on which the structure is to be erected.
Note: Items in subsections (A)(1) and (2) of this section are the only information necessary for banners and portable signs.
B.
Fees. Each application for a sign permit shall be accompanied by the applicable fees, which shall be established by the city council from time to time by resolution.
(Ord. 686 § 1, 1996; Ord. 797 § 3, 2004; Ord. 974 § 1, 2018)
§ 18.78.050 Prohibited signs.
The following signs are prohibited in all zones unless otherwise specifically permitted:
A.
Signs which in coloring, shape, wording or location resemble or conflict with traffic control signs or devices;
B.
Signs that create a safety hazard for pedestrian or vehicular traffic;
C.
Flashing signs;
D.
Portable signs exceeding nine square feet;
E.
All portable readerboards;
F.
All portable electric signs;
G.
All off-site billboard type advertising signs;
H.
All signs attached to or placed on a vehicle or trailer parked on public or private property; provided, however, that this provision shall not be construed as prohibiting the identification of a firm or its product on a vehicle operating during the normal course of business.
(Ord. 686 § 1, 1996)
§ 18.78.060 Signs permitted in all zones in connection with specific uses.
A.
Bulletin Boards. A bulletin board may be erected on the premises of a charitable, educational or religious institution, or of a public agency, subject to the following:
1.
Such sign shall contain not more than 32 square feet in area on a face and may be double faced;
2.
No part of the sign shall exceed a height of six feet above the ground; and
3.
The sign, if lighted, may be indirectly lighted only.
B.
Temporary Subdivision Signs. A temporary real estate sign advertising sale or lease of a group of lots or dwellings within a tract or apartment complex shall be permitted, subject to the following conditions:
1.
The detached sign shall be located on the premises being sold or leased;
2.
The sign area shall not exceed a maximum of 40 square feet in area on a face and may be double faced;
3.
The sign shall remain only as long as property remains unsold or unleased for the first time within the tract, but not to exceed one year. The planning director may extend the one-year time period upon written request by the owners/developers of the project;
4.
The sign shall be nonilluminated; and
5.
The top of the sign shall be no higher than 10 feet above grade of the lot or parcel on which the sign is located.
C.
Permanent Subdivision or Area Name Signs. Decorative subdivision or area name signs of a permanent character at the street entrance or entrances to the subdivision or area which identifies the name of the subdivision or area only shall be permitted subject to the following conditions:
1.
The sign shall consist of decorative masonry walls or wood with illuminated, indirectly lighted or nonilluminated name plates or letters, and be located in a maintained landscaped area;
2.
The wall(s) and/or sign(s) shall not exceed six feet in height; and
3.
The wall(s) and/or sign(s) shall be located on the property, out of the right-of-way, and conform to the "clear view triangle" requirements in DPMC § 10.12.010.
D.
Temporary Banners, Flags, Pennants and Searchlights. A banner, flag, pennant or searchlight may be permitted by the planning director for temporary "on-premises" use only, not exceeding 60 days; provided, that such display does not have a significant, adverse impact on nearby residences or institutions.
E.
Contractor, Architect, Surveyor or Engineer Signs. One "on-premises" sign identifying the project, developers, building contractor and/or his subcontractors. The architect, the surveyor and the engineer engaged in the construction may be permitted on a property during the period of construction; provided, that:
1.
Location of the sign shall be approved by the planning director prior to installation. Location shall not be such as to obstruct vehicular sight distance or be detrimental to surrounding properties;
2.
The sign shall not exceed 40 square feet in area;
3.
The top of the sign shall not exceed 10 feet above grade of the lot or parcel on which the sign is located; and
4.
The sign shall be removed prior to final building inspections. However, no such sign shall be maintained for a period in excess of 12 months without approval from the planning director. The planning director may extend the one-year time period upon written request of the owners/developers of the project.
F.
Real Estate Signs.
1.
Residential Use or Property. Temporary on-site sign(s) advertising the sale, lease or rental of the building, property or premises, one per frontage road. Said sign shall be unlighted, limited in size to five square feet and limited in height to four feet above grade.
2.
Commercial/Industrial Use or Property. One temporary on-site premises sign advertising the sale, lease or rental of the building, property or premises. Said sign shall be unlighted, limited in size to 32 square feet and limited in height to 10 feet above grade.
3.
Open House/Directional Sign. For subsections (F)(1) and (2) of this section, an open house/directional sign(s) shall be allowed on each access street to the property, shall not be placed in the right-of-way in such a manner as to interfere with vehicular or pedestrian traffic, shall be used when the property is actually open for immediate inspection, shall be unlighted, limited in size to five square feet and limited in height to three feet above grade.
G.
Electronically Changeable Message Sign. Electronically changeable message signs shall be permitted in accordance with the standards of DPMC § 18.78.070 through § 18.78.140 and their definition.
H.
Fuel Price Informational Signs. In a properly zoned district signs advertising the price of motor vehicle fuel sold from a fuel pump located on the premises shall be permitted; provided, that:
1.
Only one fuel price informational sign shall be permitted per fuel pump.
2.
Fuel price informational signs shall be limited in size to an area of 216 square inches.
3.
Each fuel price informational sign shall be affixed directly and firmly to a fuel pump and shall be stationary.
4.
One freestanding sign to include a changeable copy sign/readerboard is allowed. The size of the freestanding sign shall be determined by using eight square feet per pump with a total of 48 square feet maximum allowed. The maximum size is to include company name, logo, price information, etc., if applicable.
5.
Nothing contained herein shall be construed to prohibit the use of other signs meeting the requirements of this chapter.
I.
Signs Painted on Windows or Doors. Signs painted on, or affixed to, glass surfaces of windows or doors and pertaining to the lawful business conducted herein are allowed without a permit.
J.
Outdoor Menu Board. Outdoor menu boards are only allowed on zone lots which have been approved for restaurants and drive-through windows and under the following conditions:
1.
Only one outdoor menu board shall be permitted, per order window, on a lot.
2.
Display surface area shall not exceed 32 square feet.
3.
Stacking lane (drive-through lane) shall be a minimum of 80 feet from the menu board.
4.
If the sign is lighted it may be lighted by an illuminated sign only.
5.
The outdoor menu board lettering may not be legible from any distance off the zoned lot for which it is approved.
(Ord. 686 § 1, 1996; Ord. 797 § 4, 2003)
§ 18.78.070 Sign standards in residential (R-1A, R-2A, R-2B, R-3A, R-3B, MHP, MHS, M-F) zones.
Sign structures are permitted in the residential zones in accordance with the following uses and standards:
A.
A nameplate which indicates no more than the name and address of the occupant of the premises is permitted; provided, that such sign shall not exceed an area on one site of four square feet and up to six feet in height above grade.
B.
A detached or attached sign identifying a community residential facility, family day care home, commercial day care center in a residence nursery school, kindergarten or similar institution is permitted; provided, that such sign in limited in size to a maximum of five square feet and is unlighted.
C.
On-site signs identifying a church, public park, public or parochial elementary through junior high school, multiple family dwelling, nursing home, retirement apartment, public building, commercial day care center, nonprofit community hall or lodge, animal clinic, or cemetery are permitted as follows:
1.
One sign, unlighted or low-intensity lighting, placed flat against the outside wall of the main building, having an area of not greater than 20 square feet; and
2.
One detached sign having an area of not more than 15 square feet on each face placed back to back. Such sign shall not exceed 10 feet in height above grade nor six feet in width. The sign shall be unlighted; provided, that when situated on a principal or minor arterial street, such sign may incorporate low-intensity lighting.
D.
On-site signs identifying a high school, college or university, hospital, or public golf course are permitted as follows:
1.
One sign, unlighted or with low-intensity lighting, placed flat against the wall of the main building, having an area of not greater than 32 square feet; and
2.
One detached sign having an area of not more than 32 square feet on each face placed back to back. Such sign shall not exceed 20 feet in height above grade nor 10 feet in width. The sign shall be unlighted; provided, that when situated on a principal or minor arterial street, such sign may incorporate low-intensity lighting.
(Ord. 686 § 1, 1996)
§ 18.78.080 Sign standards for the commercial neighborhood (C-N), cemetery (CEM), and public/quasi-public (P/QP) zones. [1]
A.
Any sign which pertains only to the identification of a permitted use in the C-N, CEM, or P/QP zones, and is located entirely on the property with the use or business, is permitted; provided, that it complies with the following conditions:
1.
On-site signs only are permitted.
2.
A wall sign which shall not exceed the outer limits of the wall and shall not cover more than one wall.
3.
One freestanding sign which shall not exceed 50 square feet for each individual business and shall be limited to 20 feet in height above grade.
4.
One freestanding sign for multiple business complexes which shall not exceed one and one-half square feet per lineal foot of primary street frontage and shall be limited to 20 feet in height above grade.
5.
Signs may be illuminated; provided, that they shall not be flashing, and shall be of low intensity not exceeding the equivalent of 800 milliamperes fluorescent tubing behind each face spaced on nine-inch or more centers, or of exposed neon not exceeding 30 milliamperes.
6.
No sign shall project over any public right-of-way, nor shall it be located in such a way that it obstructs safe vision for pedestrian or vehicular traffic either on the public right-of-way or entering and exiting access points.
7.
Placement of lighted signs shall be such that no light extends over property lines to any adjoining property.
B.
A bulletin board erected by a public agency in the P/QP zone shall be governed by the provisions of DPMC § 18.78.020(B), § 18.78.030(B)(7), § 18.78.060(A)(1) and (A)(2), and 18.78.120(B)(1), rather than by the provisions of subsection A of this section.
(Ord. 686 § 1, 1996; Ord. 722 § 151, 1998; Ord. 797 § 5, 2003)
[1]
Code reviser's note: The C-R and H zones no longer exist after the amendments of Ord. 974. Per the intent of that ordinance, references to these zones in DPMC § 18.78.080 have been deleted.
§ 18.78.090 Sign standards for the central commercial (C-C) and diversified commercial (C-D) zones.
Any sign which pertains only to the identification of a permitted use in the C-C and C-D zones and is located entirely on the property with the use or business is permitted; provided, that it complies with the following conditions:
A.
On-site signs shall be limited as follows for individual business sites:
1.
Wall signs shall not exceed the outer limits of the wall and shall not cover more than two walls;
2.
The total area of all other signs shall not exceed two square feet per lineal foot of street frontage, up to a maximum of 250 square feet, not 35 feet in height above grade, unless the frontage exceeds 200 feet when additional signage is permitted for freestanding signs as outlined in subsection (A)(3) of this section;
3.
Freestanding signs shall not exceed two square feet per lineal foot of street frontage up to a maximum of 200 square feet in sign area and no more than 35 feet in height above grade. There shall be no more than one such sign for each 200 feet of street frontage or portion thereof;
4.
Placement of lighted signs shall be such that no light extends over property lines to any adjoining property.
B.
On-site signs for multiple business complexes shall be limited as follows:
1.
Wall signs shall not exceed the outer limits of the wall of each business within the complex and shall not cover more than two walls.
2.
Freestanding signs may not exceed two square feet per lineal foot of frontage up to a maximum of 250 square feet in sign area, nor 40 feet in height above grade. One additional sign shall be permitted for each 200 feet of frontage or portion thereof that is above the original 200 feet.
3.
Placement of lighted signs shall be such that no light extends over property lines to any adjoining property.
(Ord. 686 § 1, 1996)
§ 18.78.100 Sign standards for the business park (BP) zone.
Any sign which pertains only to the identification of a permitted use in the BP zone and is located entirely on the property with the use or business is permitted; provided, that it complies with the following conditions:
A.
Two square feet of sign area, up to a maximum of 100 square feet, shall be permitted on the front of the building for every lineal foot of building frontage.
B.
One square foot of sign area, up to a maximum of 50 square feet, shall be permitted on the side or rear of a building for every lineal foot of building frontage when said side or rear is oriented to or faces a public parking area or street.
C.
All wall signs shall be flat against the building or structure and shall not extend above the top of the wall nor beyond the end of the wall.
D.
One nameplate for each tenant accessed by that entrance, not exceeding three square feet in area, containing the name and address of an occupant, will be allowed at every exterior entrance to a building.
E.
No sign may encroach upon, or overhang, adjacent property or any public right-of-way.
F.
If properties are developed in a planned business park environment, such park may have one freestanding business park identification sign not exceeding 150 square feet in area.
G.
All sign illumination shall be from the interior of the sign; provided, that indirect lighting shall be permitted if the light source is not visible from a public parking area, public road or street. Normal sign maintenance shall be permitted, including name change of firm or company.
H.
Logos or identification symbols shall be considered signs and shall conform to all provisions of this chapter.
I.
No sign in the BP zone shall be constructed or located so as to constitute a nuisance or in any way be detrimental to immediately adjacent uses as determined by the community services director.
J.
Parking directional signs shall be permitted at each major entrance or exit to a parking lot; provided, that such signs shall not exceed six feet in height and 15 square feet in area for each face, and are located within a landscaped area or areas.
(Ord. 686 § 1, 1996; Ord. 722 § 152, 1998)
§ 18.78.110 Sign standards for the light industrial (L-I) zone.
Any sign which pertains only to the identification of a use permitted in the L-I zone and is located entirely on the property of such use is permitted; provided, that it complies with the following conditions:
A.
If properties are developed in a planned industrial park environment, such park may have one freestanding park identification sign not exceeding 150 square feet in area.
B.
Each individual establishment within the L-I zone may have one permanent, detached or attached sign not to exceed 20 square feet in area.
C.
An individual establishment not within a planned industrial park may have one permanent, detached sign not to exceed 40 square feet in area.
D.
No sign shall project more than 20 feet above grade.
(Ord. 686 § 1, 1996; Ord. 722 § 153, 1998)
§ 18.78.120 Sign location and setback.
A.
All signs identified in DPMC § 18.78.060 through § 18.78.110 and outdoor advertising display/structures shall be so located that they:
1.
Do not interfere with vehicular or pedestrian accessibility or sight distance;
2.
Conform to the provisions of Chapter 18.94 DPMC, the "clear view triangle"; and
3.
Do not overhang or be located in a public right-of-way unless specifically permitted by this section.
B.
All signs identified in DPMC § 18.78.070 through § 18.78.110 and outdoor advertising display/structures shall be located and set back as follows:
1.
Any portion of a sign (including structural supports) that is higher than three feet and less than seven feet above grade shall be located a minimum of 10 feet from any public right-of-way. In the case of any sign structure that exceeds seven feet in height above grade, the same setback as noted herein shall be observed; however, roof eaves, or similar decorative additions at the top of the sign structure may project into the required setback for a maximum distance of 30 inches.
2.
Structural supports less than two feet in width, measured at any point on the support three to seven feet above grade, shall be exempted from subsection (B)(1) of this section.
C.
Any off-premises sign visible from Highway 395 requires a Department of Transportation permit to ensure compliance with Chapter 47.42 RCW, the Scenic Vistas Act.
(Ord. 686 § 1, 1996; Ord. 722 § 154, 1998; Ord. 797 § 6, 2003)
§ 18.78.130 Sign area and calculation.
Sign area is the total area of a sign visible from any one viewpoint or direction, excluding the sign support structure, and its size shall be calculated by measuring from the outside edge of the frame itself. (This includes only one side of a double-faced sign.)
A.
Individual letters, words or symbol signs on a wall shall be calculated by measuring the area created by drawing imaginary straight lines around the entire copy or grouping of such letters, words or symbols.
B.
Module signs consisting of more than one sign cabinet shall be computed by adding together the total area of each module.
C.
Any portion of the sign not necessary for structural support of the sign, or any structural support greater than two feet in width, shall be considered in the determination of the square footage of the sign.
(Ord. 686 § 1, 1996)
§ 18.78.140 Nonconforming signs.
Nonconforming signs, those that were permanently installed and legally erected prior to the adoption of this code, shall be allowed to continue in use so long as they are continuously maintained, are not relocated, and are not structurally altered or made more nonconforming in any way.
(Ord. 686 § 1, 1996)
§ 18.78.150 Variances and appeals.
Variances from the provisions of this chapter and appeals of administrative or commission decisions made by the city in administering this chapter shall be made in the same manner as that set forth in Chapters 18.76 and 18.96 DPMC.
(Ord. 686 § 1, 1996)
§ 18.78.160 Violations and penalty.
Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided in Chapter 18.108 DPMC, and by state law:
A.
To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign to the zone lot on which the sign is located;
B.
To install, create, erect, or maintain any sign requiring a permit without such a permit;
C.
To fail to remove any sign that is installed, created, erected, or maintained in violation of this chapter, or for which the sign permit has lapsed; or
D.
To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this chapter.
(Ord. 686 § 1, 1996; Ord. 974 § 1, 2018)
