Electric City City Zoning Code

18.60 Signs

All signs visible from the public right-of-way or private areas open to public travel within the city corporate limits shall be within the scope of this chapter. The copy or message of signs is not regulated by this chapter.

No sign shall be permitted in the city of Electric City unless in accordance with the provisions of this chapter or unless determined to be legally nonconforming to the requirements of this chapter with the exception that where a planned development overlay exists, any signage restrictions adopted with that planned development overlay shall take precedence.

18.60.010 Purpose.

The city council finds that signs provide an important medium through which individuals and businesses may convey a variety of messages. However, left completely unregulated, signs can become a threat to public safety and a traffic hazard as well as an obstruction to Electric City’s unique landscape.

The standards contained in this chapter are primarily intended to balance the needs of businesses and individuals to convey their messages through signs, and the right of the public to be protected against the unrestricted proliferation of signs and their effect on public and traffic safety. In an attempt to achieve the balance, the purpose of this chapter is to:

(1) Improve the visual qualities of Electric City’s streetscape environment through the use of equitably applied sign height, size and location standards;

(2) Provide minimum, consistent and enforceable sign standards by regulating sign location, size, height, illumination, construction, and maintenance;

(3) Minimize visual clutter caused by signs by limiting their numbers and duration of use;

(4) Protect citizen safety by prohibiting hazardous signs;

(5) Ensure compliance with state and federal laws regarding advertising by providing rules and standards that are content neutral; and

(6) Provide for near term and longer term improvements to signage through the use of appropriate amortization and incentive policies. (Ord. 466 § 2, 2012)

18.60.020 Scope.

18.60.030 Definitions.

For the purpose of this chapter, certain terms and words are defined as follows: words used in the present tense include the future; the word “shall” is mandatory; the word “may” is discretionary; the phrase “used for” shall include the phrases “arranged for,” “designed for,” “maintained for,” and “occupied for”; and the word “business” shall be associated with the zoning terms and activities of “permitted use” and “conditional use.” The following terms shall mean:

“Abandoned sign” means a sign or sign structure where either: (a) the sign is no longer used by the property or sign owner. Discontinuance of sign use may be shown by cessation of use of the property where the sign is located; or (b) the sign has been damaged, and repairs and restoration are not started within 45 days of the date the sign was damaged, or are not diligently pursued, once started.

“Accessory sign” means signage which is an integral part of outdoor display structures associated with a commercial or industrial use such as soft drink machines, gas pump, newspaper dispensers, and other similar structures.

“Alteration” means any change in the size, shape, method of illumination, construction or supporting structure of a sign.

(1) Projecting, Portable and Freestanding. The area of the sign shall be measured as follows: The area around and enclosing the perimeter of the cabinet or module shall be totaled to determine the aggregate sign area. If the sign is composed of two or more sign cabinets or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single, continuous geometric figure shall be the area of the sign. The perimeter of measurable area shall not include embellishments such as pole covers, framing, decorative roofing, etc.; provided, that there is no written copy of such embellishments. All face areas of any multi-faced sign shall be counted in calculating its area. For a double-faced sign in a single cabinet, only the area of one face is counted.

(2) Wall Signs. The area around or enclosing each sign cabinet, or where sign cabinets are not used, the area shall be that within a single, continuous perimeter composed of any straight line geometric figure which encloses the extreme limits of the message.

“Awning” means a secondary covering attached to the exterior wall of a building. The location of an awning on a building may be above a window, a door or over a sidewalk. An awning is often painted with information as to the name of the business, thereby acting as a sign in addition to providing protection from weather.

“Balloon sign” means a sign made from a nonporous bag of tough light material normally filled with heated air or a gas lighter than air so as to rise and float and displaying graphics, symbols and/or written copy.

“Banner sign” means a sign made of fabric or any nonrigid material with no enclosing framework.

“Canopy” means an awning supported by at least two columns. A canopy is able to extend further from a building than an awning, as in the case of an entrance to a restaurant or retail store.

“Changeable copy sign (electronic)” means a sign on which the copy changes electronically.

“Changeable copy sign (manual)” means a sign on which copy is changed manually in the field, e.g., the panel permanently affixed as part of a larger sign, commonly used to advertise specials for commercial businesses.

“Clearance (of a sign)” means the vertical distance measured from the lowest point of the sign to the natural surface grade beneath the sign.

“Copy” means the message on a sign surface in either permanent or removable letter form.

“Double-face sign” means a sign with advertising on two faces wherein the faces are parallel or within 10 degrees of parallel.

“Face (of a sign)” means the area of a sign on which the advertising is placed.

“Festoons” means a string of ribbons, tinsel, small flags or pinwheels.

“Flashing sign” means a sign which contains an intermittent or sequential flashing light source used primarily to attract attention. Does not include electronic changeable copy signs or signs which, through reflection or other means, create an illusion of flashing of intermittent light.

“Freestanding sign” means a sign supported upon the ground by a frame, pole(s), or other support structure which is not attached to any building. A freestanding sign shall count as one sign, even if it has two or more faces.

(1) “Monument” means a freestanding sign of which the entire bottom of the sign is generally in contact with or in close proximity to the ground. Does not include pole or pylons signs.

(2) “Pylon sign” means a freestanding sign, usually double-faced, mounted on one or two supports above ground level. Also referred to as a pole sign.

“Frontage” means the length of the property line of a lot or parcel along a public right-of-way on which it borders.

“Hazardous sign” means a sign which is detrimental to the public safety, including but not limited to any sign that has a design, color or lighting which may be mistaken for a traffic light, signal or directional sign; any sign which is located in such a manner as to obstruct free and clear vision to motorists or pedestrians at intersections and driveways; any sign which, because of its location, would prevent free ingress to or egress from any door, window, or fire escape; any sign that is attached to a standpipe or fire escape; any sign which has lighting which temporarily blinds or impairs one’s vision; or any sign which is in a leaning, sagging, fallen, decayed, deteriorated or other unsafe condition.

“Height (of a sign)” means the vertical distance measured from the highest point of the sign to the natural surface grade beneath the sign.

“Illuminated sign” means a sign with an artificial light source incorporated internally (i.e., direct illumination), or with an external light source directed to illuminate the exterior surface of the sign (i.e., indirect illumination). This definition includes signs with light sources which are disconnected from power.

“Incidental sign” means a small sign, emblem or decal typically used to inform the public of goods, facilities or services available on the premises (e.g., a credit card sign or a sign indicating hours of business).

“Landmark sign” means a sign found to be of historical or local significance by the planning commission.

“Maintenance” means, for the purposes of this chapter, the cleaning, painting, repair or replacement of defective parts of a sign, or to achieve a change in sign face, in a manner that does not alter the basic design or structure of the sign.

“Marquee” means a permanent roof-like projection from a building above the building entrance.

“Mounted sign” means a sign permanently attached to a building.

(1) “Canopy sign” means a sign painted on, printed on, or attached flat against the surface of a canopy or awning.

(2) “Projecting sign” means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign.

(3) “Roof sign” means any mounted sign that projects above the top of a wall, eave or parapet.

(4) “Hanging sign” means a sign that hangs beneath a marquee, canopy or awning and is perpendicular to the building face.

(5) “Wall sign” means a sign attached parallel to and extending not more than 12 inches from the wall of a building. This definition includes painted, individual letters and cabinet signs.

“Moving sign” means a sign which uses mechanized movement (e.g., rotation) to attract attention, depict action or to create a special effect or scene (and includes dancing inflatable displays).

“Multi-tenant complex” means a development consisting of one or more lots and two or more businesses sharing appurtenant facilities, such as driveways, parking and pedestrian walkways, and is designed to provide varied products and services at a single location.

“Nonconforming sign” means an existing sign, lawful before enactment of this chapter, which does not conform to the requirements of this chapter.

“Permanent sign” means a sign structurally affixed to the ground or to a building and intended for display for more than 12 consecutive months.

“Portable sign” means a sign not permanently affixed to a sign structure, a building or the ground.

“Sign” means any device, structure, fixture, placard, and any related support structure erected for the purpose of displaying graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any business, person, institution, commodity, service, entertainment, or activity.

“Site” means a lot, parcel or tract of land under common ownership and/or developed together as a single development site, regardless of how many uses occupy the site.

“Temporary sign” means a sign or advertising display constructed of fabric, vinyl, paper, cardboard, plywood, or other light materials, with or without a frame, not permanently attached to a building, structure or ground intended to be displayed for a specific and limited period of time. A sign that will become obsolete after the occurrence of an event or series of events. Temporary signs typically include, but are not limited to, portable signs, event signs, for sale and lease signs, garage sale signs and political campaign signs.

“Video sign” means an electronic changeable copy sign providing information in both a horizontal and vertical format (as opposed to linear), and having the capacity to create continuously changing sign copy in a wide spectrum of colors, shades and light intensities.

“Window sign” means an unlighted sign installed inside a window or painted on a window and intended to be viewed from the outside. (Ord. 466 § 2, 2012)

18.60.040 Exempted signs.

The following signs shall not require planning approval for their use though some may require a building permit. Use of these signs does not affect the amount or type of signage otherwise allowed by this chapter. All signs listed in this section are subject to all other applicable requirements of this chapter.

(1) Official signs placed or authorized by the city, county, state or federal government in the publicly owned right-of-way as well as official signs required by city, state or federal government located on private property;

(2) Flags adopted or endorsed by a governmental agency;

(3) Tablets, cornerstones or commemorative plaques;

(4) Window displays and signs;

(5) Festoons;

(6) Balloon signs of less than 24 inches in diameter;

(7) Seasonal decorations on private property;

(8) Signs erected by a recognized neighborhood watch group;

(9) Handheld signs;

(10) Accessory signs;

(11) Landmark signs;

(12) Signs for hospital or emergency services and railroads;

(13) Incidental signs, provided the signs do not exceed one and one-half square feet in area for each sign, with no more than three signs allowed for each permitted structure;

(14) An exterior sign erected next to an entrance, exit, rest room, office door or telephone, provided the sign is no more than four square feet in area. This type of sign is typically used to identify and locate a property feature;

(15) Any sign which is not visible to motorists or pedestrians on any public highway, sidewalk, street, alley or other area open to public travel;

(16) One indirectly illuminated or non-illuminated wall sign not exceeding one and one-half square feet in area placed on any residential building. This type of sign is typically used as a name or address plate;

(17) Signs placed in or attached to a motor vehicle, bus, railroad car or light rail car that is regularly used for purposes other than the display of signs;

(18) Signs, up to four square feet and no taller than two feet, constructed or placed within a parking lot. These signs are typically used to direct traffic and parking;

(19) A sign that does not exceed four square feet in area and four feet in height, and is erected where there is a danger to the public or to which public access is prohibited;

(20) Signs located within a sports stadium or athletic field, or other outdoor assembly area which are intended and oriented for viewing by persons within the facility;

(21) Covered flier boxes under one square foot in area when attached to a temporary or permanent sign. (Ord. 466 § 2, 2012)

18.60.050 Prohibited signs.

The following signs are prohibited:

(1) Signs or sign structures which may pose a hazard to pedestrian or vehicular traffic, including but not limited to signs which obstruct clear vision areas as defined in ECMC 18.45.070.

(2) Signs not in compliance with applicable setback requirements as specified in this chapter.

(3) Signs within or which overhang the public right-of-way except signs installed or authorized by a governmental agency.

(4) Portable signs in the following categories:

(a) Signs on a vehicle parked on public property or right-of-way unless the vehicle is being used for transport in the normal day-to-day operations of a business.

(b) Signs propped up by or leaning against a motor vehicle when such vehicle is parked in the public right-of-way.

(5) Moving signs.

(6) Balloon signs 24 inches in diameter or greater.

(7) Video signs.

(8) Hazardous signs.

(9) Flashing signs.

(10) Signs that appear similar to traffic control devices.

(11) Signs not in compliance with this chapter. (Ord. 466 § 2, 2012)

18.60.060 Temporary signs.

(1) Temporary signs may be erected and maintained only in compliance with the following provisions:

(a) Temporary signs which exceed the provisions of subsection (2) of this section shall not be permitted.

(b) Temporary banner signs which stretch across public rights-of-way and which are authorized by a governmental agency are not subject to the provisions of subsection (2) of this section.

(c) With the exception of subsection (1)(b) of this section and signs installed or authorized by a governmental agency, no temporary signs are permitted in public right-of-way.

(d) Temporary and portable signs over two and one-half feet tall shall be set back a minimum of 10 feet from the street side of a property line. This does not apply to signs placed within recessed entryways; provided, that no portion of the sign extends over a public sidewalk. This does not apply to signs which hang from the face or wall of a building; provided, that the sign does not protrude more than two inches from the face or wall.

(e) Temporary signs affixed to a building may be placed no higher than the building’s eave, top of wall or parapet.

(f) With the exception of subsection (1)(b) of this section, temporary signs shall not be attached to trees, shrubbery, utility poles or traffic control signs or devices.

(2) Permitted Temporary Signage. Temporary signage shall be allowed for each lot as follows:

(i) One temporary sign per frontage, not exceeding four square feet in area, which is erected for a maximum of eight days in any calendar year.

(ii) Two temporary signs not exceeding 24 square feet in area allowed per subdivision during the build-out of the residences in the subdivision. These types of signs are typically used for subdivision and model home identification. No sign may be erected for any inhabited residence.

(iii) One temporary sign per lot, not exceeding six square feet in area and 30 inches in height and erected only between the hours of 5:00 p.m. Friday and 8:00 a.m. Monday. Such signs are typically used for open houses.

(b) Commercial (C-1, C-2, C-3) Zones. Temporary signs mounted flush with the building face are unlimited as to their number and size. If mounted other than flush to a building face, one temporary sign, not to exceed 16 square feet in area, for each 250 feet of public street frontage, calculated per frontage shall be permitted.

(i) Signs not exceeding six square feet each in area during the period from six weeks prior to a public election or the time the election is called, whichever is earlier, to 14 days after the public election.

(ii) One temporary sign per frontage, not exceeding six square feet in area, during the time of sale, lease or rental of the lot/structure; provided, that the sign is removed within 30 days of the sale, lease or rental of the lot/structure.

(iii) One temporary sign per frontage, not exceeding six square feet in area, during the time of construction, landscaping or remodeling of the property; provided, that the sign is removed within 30 days of the completion of any construction, landscaping, or remodeling.

(d) If a sign is for a residential use in a mixed use zone, the sign must be in compliance with residential regulations. If a sign is for commercial use, the sign must be in compliance with the commercial use regulations. (Ord. 561 § 1, 2019; Ord. 466 § 2, 2012)

18.60.070 Permanent signs.

Permanent signs may be erected and maintained only in compliance with the following specific provisions:

(a) Each subdivision or multifamily complex is permitted one permanent monument sign not to exceed six feet in height and 48 square feet in area.

(b) Each public school is permitted one permanent sign per public street frontage. Each sign may take any of the following forms (although only one freestanding sign taller than six feet in height is permitted per school): a nonilluminated freestanding sign no taller than 15 feet in height and no larger than 36 square feet in area; an indirectly illuminated or nonilluminated monument sign no taller than six feet in height and no larger than 48 square feet in area; or a nonilluminated wall sign placed no higher than 35 feet above grade or the eave, top of wall, or parapet (whichever is less) and no larger than 48 square feet in area. Each sign may include changeable copy (manual or electronic) subject to subsection (4) of this section. Each sign shall meet the setbacks applicable to the residential zone in which it is located.

(c) Each church is permitted one nonilluminated or indirectly illuminated permanent sign per public street frontage. No sign shall be taller than six feet in height. If a church site has more than one frontage, the first sign shall be no larger than 30 square feet in area and any subsequent sign may be no larger than six square feet in area. Signs may include changeable copy (manual or electronic). Landscaping shall be provided at the base of the sign, consistent with a plan to be submitted by the applicant for review and approval.

(2) Commercial (C-1, C-2, C-3) Zones. Signs in the commercial zones may be directly or indirectly lit and shall meet all setback requirements of their zone.

(a) Freestanding Signs. Each site or multi-tenant complex is allowed one permanent freestanding sign not to exceed 48 square feet in area and six feet in height. In addition, each site or multi-tenant complex is allowed one additional permanent freestanding sign per 500 feet of frontage, not to exceed three per site or multi-tenant complex, each not to exceed 125 square feet in area.

(b) Mounted Signs. There is no limit on the area of permanent mounted signs except as provided in subsection (3)(d) of this section.

(a) Signs shall be erected in an upright position and placed perpendicular to a horizontal surface conforming to the line from horizon to horizon.

(b) Maximum square footage restrictions include changeable copy and exclude accessory and incidental signs.

(d) Projecting and hanging signs may extend no more than six feet from a building’s facade. No projecting or hanging sign may be over 36 square feet in area.

(e) Sign setbacks are measured from the nearest property line to the nearest portion of the sign. Signs shall meet the side and rear setbacks as described in ECMC 18.45.020. Signs are permitted within the front yard setback; however, no sign is permitted within the public right-of way unless authorized by the city. In addition to the specific setbacks noted above, all signs shall meet the clear-vision requirements of ECMC 18.45.070.

(4) Electronic changeable copy signs are subject to the following standards:

(a) One electronic changeable copy sign is permitted per site or multi-tenant complex and shall only be allowed as part of a permanent freestanding or wall sign.

(b) The electronic changeable copy portion of a freestanding sign may be no higher than 12 feet above grade.

(d) Electronic changeable copy signs must be entirely within the boundary of the property.

(e) No temporary signage is allowed on a site or multi-tenant complex if an electronic changeable copy sign is utilized.

(f) Electronic changeable copy signs must be permanently mounted to the ground or a structure. (Ord. 561 § 2, 2019; Ord. 466 § 2, 2012)

18.60.080 Sign permits.

(a) No sign which is not specifically listed as exempt from the provisions of this chapter shall be erected, constructed, attached, relocated, or structurally altered without obtaining city approval.

(b) Such approval is not required for temporary signs, mounted signs that protrude less than 12 inches, signs listed as exempt, or for routine sign maintenance.

(a) Permit Requirements. An applicant for a sign permit shall supply the following information on forms provided by city:

(i) Size, height, location, description and material of the sign;

(ii) Name of the manufacturer, contractor, owner and business advertised;

(iii) Scaled drawing(s) and description of copy, structure and lighting;

(iv) Photo(s) or drawing(s) of the proposed sign location(s);

(v) Signature of property owner or designee;

(vi) Other information required to demonstrate compliance with this chapter.

(i) The fee for a sign permit shall be as set forth in a resolution adopted by the city council.

(ii) The fee for a sign permit shall be waived if the permit application is to bring a nonconforming sign into compliance within the first eight years following the adoption of the ordinance codified in this chapter. (Ord. 466 § 2, 2012)

18.60.090 Landmark and abandoned signs.

Landmark signs and abandoned signs are subject to the following provisions:

(1) Landmark signs may be exempted from the provisions of this chapter on recommendation of the city planner.

(2) Abandoned signs must be removed or made conforming within 45 days of the date they became classified as abandoned. (Ord. 466 § 2, 2012)

18.60.100 Construction and maintenance standards.

The following standards apply to the construction and maintenance of signs in the city:

(1) All permanent signs shall be constructed and erected in accordance with the design and construction requirements of the most recent edition of the State of Washington Structural Specialty Code based on the International Building Codes.

(2) All illuminated signs shall be subject to the provision of the State Electrical Specialty Code. It shall be the applicant’s responsibility to demonstrate compliance with that code by supplying the city with a copy of an approved state electrical permit.

(3) All signs shall be maintained at all times in a state of good repair, and no person shall maintain or permit to be maintained on any premises owned or controlled by him or her any sign which is in a sagging, leaning, fallen, decayed, deteriorated, or other dilapidated or unsafe condition. (Ord. 466 § 2, 2012)

18.60.110 Nonconforming signs.

(1) The following provision will require that a nonconforming sign be brought into compliance with this chapter: physical modification of a nonconforming sign or any action on a nonconforming sign that requires a building permit. This does not include replacement of a sign face without modification of the frame or general sign maintenance and repair.

(2) All temporary or portable signs not in compliance with the provisions of this code shall be removed or made compliant immediately following adoption of the ordinance codified in this chapter.

(3) Amortization. Any freestanding, roof, or animated sign which was lawfully established before the adoption date of the ordinance codified in this chapter, but which does not conform with the provisions of this chapter, shall be removed or brought into conformance with this chapter within eight years from the date of its adoption, or at the time of occurrence of any of the actions outlined in subsection (1) of this section. Notice of sign noncompliance will be mailed to affected property owners following the adoption of the ordinance codified in this chapter and again no later than one year prior to the end of the amortization period. (Ord. 466 § 2, 2012)

18.60.120 Exceptions.

The planning commission may authorize exceptions from the requirements of this chapter where it can be shown that owing to special and unusual circumstances related to a specific piece of property, strict application of this chapter would cause an undue or unnecessary hardship, except that no exception shall be granted to allow a sign or a type of signage which is prohibited by ECMC 18.60.050. In granting an exception the commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood or otherwise achieve the purposes of this chapter.

(1) No exception shall be granted unless it can be established that:

(a) The request is necessary to prevent an unnecessary hardship due to factors such as topography, location, surrounding development, lot shape or lot size; and

(b) The granting of the exception will not result in material damage or prejudice to other property in the vicinity; and

(2) Exceptions shall not be granted for the convenience of the applicant or for the convenience of regional or national businesses which wish to use a standard sign size.

(3) The city council shall stand as an appeal board. An appeal from a ruling of the commission must be filed within 10 days of the date said ruling is rendered. (Ord. 466 § 2, 2012)

18.60.130 Enforcement.

Upon occurrence of a violation of the provisions of this chapter, the code enforcement official shall notify the responsible person representing the sign in violation that a violation of this chapter exists. A notice of violation and order to correct or cease activity as provided in Chapter 1.25 ECMC, Administrative Enforcement, shall be issued. The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the code enforcement official. All violations of this chapter shall be deemed to constitute a public nuisance and may be abated by the city.

(1) When a sign is removed, altered, and/or stored under these enforcement provisions, removal and storage costs may be collected against the sign owner and the person responsible for the placement of the sign. The city council shall establish the fees for removal and storage of signs, and for other associated fees, by resolution, from time to time.

(2) Any sign installed or placed in the public right-of-way or on city-owned real property, except in conformance with the requirements of this chapter or other applicable provisions of this code, may be removed by the city planner or his/her designee as follows:

(a) Immediate confiscation without prior notice to the owner of the sign.

(b) If the city can ascertain contact information for the owner of the sign or for any person or business responsible therefor, the city shall contact that person or business and advise that: (i) the sign was found in a location that the city believes to be a public right-of-way or city-owned property; (ii) that no permit was issued for the placement of the sign in that location, and that the sign is not otherwise lawfully permitted to be in that location; and (iii) that the city has confiscated the sign and shall destroy it after 30 days from the time notice was sent to the person or business responsible for the sign, unless either (A) the sign is claimed and the removal and notice costs are reimbursed to the city in full, or (B) a request for hearing is submitted by the person or business responsible for the sign to the planning commission.

(c) If notification is not possible, the city shall store the sign for 30 days from date of confiscation. The sign shall then be destroyed.

(d) The city shall continue to store the sign for any additional period during which an appeal or review thereon is before the municipal court. (Ord. 466 § 2, 2012)