Prosser City Zoning Code

Title. This chapter shall be known as the Sign Code.

Purpose. The purpose of this chapter is to protect public health, safety, welfare, property, traffic safety, pedestrian access, accessibility, and community appearance by establishing clear standards for the design, placement, size, height, illumination, maintenance, permitting, and removal of signs visible from outdoors within the city.

Intent. This chapter is intended to:

Applicability. This chapter applies to all signs located, erected, placed, displayed, altered, relocated, maintained, or visible from outdoors within the city unless expressly exempted by this chapter or other applicable law.

Other approvals may be required. Approval under this chapter does not relieve any person from obtaining any other required city, state, or federal permit or approval, including building, electrical, fire, right-of-way, sidewalk use, business license, or land use approvals.

Content neutrality. This chapter regulates signs based on physical, structural, locational, operational, and safety characteristics. Nothing in this chapter shall be interpreted or applied to regulate a sign based on the viewpoint, idea, or message expressed.

City events and city-authorized events. Sandwich board signs associated with an event organized, hosted, or co-hosted by the city, or otherwise permitted by the city in writing (such as Prosser Senior Citizen's Club events and Prosser Farmers Market), may be placed in locations approved by the Public Works Director or designee and are exempt from the premises, business frontage, and hours-of-operation placement limitations in this section, provided that:

"AT" means property zoned agri-tourism district.

"C" means property zoned commercial neighborhood district, commercial general district, commercial downtown district except any portion included in HDP, commercial thoroughfare district, commercial professional district, or public facility district.

"HDP" means property located in the historic downtown area shown on the city's adopted zoning map or other adopted map identifying the HDP area.

"I" means property zoned industrial light district, industrial heavy district, or agri-business district.

"R" means property zoned residential rural district, residential low density district, residential manufactured home subdivision, residential manufactured home park district, residential medium density district, residential high density district, steep slope residential district, or urban residential district.

Signs attached to utility poles, streetlights, traffic control devices, traffic control standards, or official public signs, unless placed or authorized by the agency having jurisdiction;

Signs attached to trees, rocks, or natural features;

Signs that swing, rotate, move, flash, blink, pulse, strobe, or otherwise create a traffic, pedestrian, or public safety hazard, except for flags or signs expressly allowed by this chapter;

Signs that obstruct or interfere with traffic control devices, street signs, sight distance, sidewalks, wheelchair ramps, accessible routes, driveways, alleys, fire lanes, emergency access, entrances, exits, windows, or doors;

Abandoned signs;

Signs containing reflective materials, including foil, mirrors, bare metal, or similar materials, that create hazardous glare or visibility conditions;

Roof signs;

Signs placed in a street, travel lane, bicycle lane, or public parking space unless expressly authorized by the city;

Signs placed on public property or within public right-of-way unless expressly allowed by this chapter, authorized by the city, or authorized by the agency having jurisdiction;

Signs that are structurally unsafe, insecurely fastened, deteriorated, or not maintained in good repair; and

Signs that violate the adopted building, fire, electrical, accessibility, or construction codes;

New off-premises signs, except where expressly allowed by this chapter;

New billboards, except where expressly allowed by this chapter;

Conversion, enlargement, relocation, reconstruction, or structural alteration of an off-premises sign unless expressly allowed by this chapter or required for ordinary maintenance of a legal nonconforming sign;

Conversion of an off-premises sign to an electronic message board, digital display, or other sign with electronically changeable copy, unless expressly authorized by this chapter; and

Any sign for which the applicant fails to provide information sufficient for the city to determine whether the sign is an on-premises sign or off-premises sign.

The following table identifies sign types allowed in each zoning district.

"P" means the sign type is permitted, subject to all applicable standards in this chapter.

"NP" means the sign type is not permitted.

A sign type listed as permitted may still require a sign permit under PMC § 18.72.060.

If a sign type is not listed in the table, the City Administrator or designee shall determine the most similar sign type based on the sign's physical characteristics, method of attachment, location, size, height, illumination, and duration.

The following table establishes permit requirements, maximum height, maximum sign area, and basic standards for each sign type.

Additional requirements may apply under this chapter or other provisions of the Prosser Municipal Code.

A sign permit is not required where the table states "No," but the sign must still comply with all applicable standards.

Freeway sign area. Freeway signs are subject to the following maximum sign area:

Allowed without permit. A sandwich board sign is allowed without a sign permit if it complies with this section and all other applicable requirements of this chapter.

No fee. No sign permit fee is required for a sandwich board sign that complies with this section. This subsection does not limit the city's ability to recover costs, charge impound fees, or assess civil penalties for signs placed, displayed, maintained, removed, or impounded in violation of this chapter.

Maximum size. A sandwich board sign must comply with the following size limits:

Design and materials. A sandwich board sign must comply with the following design and material standards:

Placement. A sandwich board sign must comply with the following placement standards:

Right-of-way placement. A sandwich board sign may be placed on a sidewalk or within city-controlled right-of-way only if all of the following requirements are met:

Number of signs. Unless otherwise approved by the City Administrator or designee due to site layout, multiple street frontages, shared tenant spaces, or similar conditions, no more than one sandwich board sign may be displayed for each business frontage.

Maintenance. A sandwich board sign must be maintained in good repair and in a clean, stable, safe, and upright condition. A sign that is damaged, deteriorated, unsafe, unstable, abandoned, or no longer in compliance with this section must be repaired, removed, or brought into compliance.

No vested right. Allowing sandwich board signs without a permit does not create a property right, vested right, or exclusive right to maintain a sign in a particular location. The city may require relocation or removal of a sandwich board sign as provided in this chapter.

Violation. Placement, display, or maintenance of a sandwich board sign in violation of this section is unlawful and is a civil infraction. Violations shall be enforced under PMC § 18.72.160. The city may also remove or impound a sandwich board sign under PMC § 18.72.170 when authorized by this chapter.

Permit not required. A temporary sign does not require a sign permit unless another provision of the Prosser Municipal Code requires one.

Private property. Temporary signs may be placed on private property if they comply with the following:

Public property and right-of-way. Temporary signs may not be placed on public property or within public right-of-way unless allowed by this chapter, authorized by the city, or authorized by the agency having jurisdiction.

Temporary signs in city-controlled right-of-way. A temporary sign may be placed within city-controlled right-of-way only if all of the following requirements are met:

Immediate removal. The city may immediately remove a temporary sign located on public property or within right-of-way if the sign creates a traffic, pedestrian, accessibility, emergency access, maintenance, construction, or public safety hazard.

An electronic message board requires a sign permit and site review.

An electronic message board may not change messages or images more frequently than once every 15 seconds.

Messages and images may not scroll, flash, pulse, blink, rotate, expand, change size, or otherwise move.

An electronic message board may not emit a solid green light or be of such brightness, color, or intensity as to create a hazard for the traveling public.

An electronic message board may not be located on a building facade facing an alley.

An electronic message board may be part of a freestanding sign if it complies with the standards for freestanding signs.

A conditional use permit is required if the electronic message board will be located within 500 feet of an R zoning district.

A freeway sign requires a sign permit and site review.

A freeway sign may only be located within 400 feet of the edge of the Interstate 82 right-of-way.

On a property with a freeway sign, one secondary freestanding sign is permitted.

The sign must comply with Chapter 47.42 RCW, as now enacted or later amended.

City approval of a freeway sign is subject to approval by the Washington State Department of Transportation when WSDOT approval is required. Any change required by WSDOT shall be incorporated into the city's sign permit.

New off-premises signs prohibited. New off-premises signs are prohibited unless expressly allowed by this chapter or required to be allowed by state or federal law.

New billboards prohibited. New billboards are prohibited unless expressly allowed by this chapter or required to be allowed by state or federal law.

Existing lawful off-premises signs. An off-premises sign or billboard that lawfully existed before the effective date of the ordinance adopting this section may remain only as a legal nonconforming sign under PMC § 18.72.120.

No expansion or relocation. A legal nonconforming off-premises sign or billboard may not be enlarged, relocated, converted to another sign type, converted to an electronic message board or digital display, structurally altered, or reconstructed except as expressly allowed by this chapter.

Maintenance allowed. Ordinary maintenance and repair of a legal nonconforming off-premises sign or billboard is allowed if the maintenance or repair does not increase the sign area, height, illumination, degree of nonconformity, or structural nonconformity of the sign.

Loss of legal nonconforming status. A legal nonconforming off-premises sign or billboard loses its legal nonconforming status if:

Change of copy. Changing the copy or message on a legal nonconforming off-premises sign does not, by itself, cause loss of legal nonconforming status, provided the sign is not otherwise enlarged, relocated, converted, reconstructed, or altered in violation of this section.

Substitution of noncommercial message. A noncommercial message may be substituted for any other message on a lawful sign, provided the sign structure and sign display comply with all applicable non-content-based requirements of this chapter.

State and federal law. Off-premises signs visible from state or federal highways may also be subject to state or federal outdoor advertising laws, including Chapter 47.42 RCW and applicable WSDOT regulations. The city's approval of any sign does not waive or replace any required state or federal approval.

Permit application review. The city may require any sign permit applicant to provide information showing whether the proposed sign is on-premises or off-premises. The applicant shall certify that the information provided is true and correct.

Violation. Placement, display, maintenance, enlargement, relocation, reconstruction, or conversion of an off-premises sign or billboard in violation of this section is a violation of this chapter and shall be enforced under PMC § 18.72.160.

Unless otherwise stated in this chapter, the total sign area for all signs located on a building or parcel may not exceed 20% of the largest single building facade facing a public street.

For purposes of this section, an alley is not a street.

The following signs are not included when calculating maximum sign area under this section:

The following guidelines apply in the HDP district and are intended to encourage signs that support the historic, pedestrian-oriented character of downtown.

Signs in the HDP district should:

Externally illuminated signs and neon signs are encouraged in the HDP district when consistent with this chapter.

Blade signs in the HDP district should not exceed two square feet for each 10 linear feet of building facade height.

These guidelines do not authorize a sign that is otherwise prohibited by this chapter.

Nothing in this chapter shall be interpreted or applied to regulate the content, message, or viewpoint of any sign.

The city's review of sign permits shall be limited to objective standards, including sign type, size, height, number, location, materials, illumination, movement, structural safety, maintenance, zoning district, right-of-way impacts, accessibility, sight distance, and other non-content-based requirements.

A noncommercial message may be substituted for any commercial message, and one noncommercial message may be substituted for another noncommercial message, on any sign allowed by this chapter, provided the sign structure and sign display comply with all applicable non-content-based standards.

If any provision of this chapter is found to impermissibly regulate sign content, message, or viewpoint, the provision shall be severed or interpreted to the maximum extent possible to preserve the city's lawful regulation of sign size, height, location, structure, illumination, movement, duration, safety, accessibility, and maintenance.

A person may request a variance from this chapter in accordance with PMC § 18.75.080.

A variance may not be used to allow a sign prohibited by PMC § 18.72.040 unless the variance criteria are satisfied and the approval is consistent with applicable law.

Legal nonconforming signs. A sign that lawfully existed before the effective date of the ordinance adopting or amending this chapter, but that does not comply with current standards, is a legal nonconforming sign if:

Loss of legal nonconforming status. A legal nonconforming sign loses its legal nonconforming status if:

Maintenance allowed. Ordinary maintenance and repair do not cause a legal nonconforming sign to lose its status, provided the maintenance or repair does not increase the nonconformity.

Unsafe signs. Nothing in this section prevents the city from requiring repair or removal of a sign that is unsafe, damaged, deteriorated, abandoned, or otherwise dangerous.

Legal nonconforming off-premises signs and billboards. In addition to the requirements of this section, legal nonconforming off-premises signs and billboards are subject to PMC § 18.72.077. If there is a conflict between this section and PMC § 18.72.077, the more restrictive provision applies.

Permit required. Unless exempt, no sign governed by this chapter may be erected, altered, placed, displayed, relocated, or maintained without a sign permit issued by the city.

Application forms. Applications shall be submitted on forms provided by the City Administrator or designee.

Application materials. Unless modified or waived by the City Administrator or designee because the information is not needed to determine compliance, a sign permit application must include:

Fees. The applicant shall pay the applicable permit fee established in the city's adopted fee schedule. No permit shall be issued until the required fee has been paid.

Permit decisions. Permit decisions shall be based on the objective standards in this chapter and other applicable provisions of the Prosser Municipal Code.

Permit conditions. The city may impose conditions necessary to ensure compliance with this chapter, protect public safety, preserve accessibility, protect sight distance, or coordinate right-of-way use.

Permit suspension or revocation. A sign permit may be suspended or revoked if:

Public inspection. Sign permit applications and issued permits shall be available for public inspection consistent with applicable public records laws.

Applicant certification. The applicant shall certify that the sign is not an off-premises sign unless the applicant is seeking approval for a sign expressly allowed by this chapter or required to be allowed by state or federal law. The city may deny a sign permit if the applicant fails to provide information sufficient to determine whether the sign is on-premises or off-premises.

Adopted codes. Signs must comply with the building, fire, electrical, accessibility, and construction codes adopted by the city, as now enacted or later amended.

Illumination. Illumination from or upon any sign must be located, shaded, shielded, directed, or reduced to avoid undue brightness, glare, or reflection on surrounding property and to avoid unreasonably distracting motorists, cyclists, or pedestrians.

Maintenance. Signs must be maintained in a safe, secure, clean, upright, and good condition.

Repair or removal. If a sign is unsafe, insecurely fastened, deteriorated, abandoned, or otherwise dangerous, the owner, occupant, permit holder, or person responsible for the sign must repair or remove the sign within the time stated in a notice issued by the city.

Obstruction prohibited. Signs may not obstruct any door, window, exit, fire lane, fire access route, driveway, alley, sidewalk, pedestrian route, wheelchair ramp, accessible route, sight-distance area, or area open to public travel.

Landscaping or barriers. Freestanding signs and freeway signs must include landscaping or a barrier at the base to prevent vehicles from striking the sign-supporting structure and to improve the appearance of the installation. The area must extend at least six feet in all directions around the base of the sign. Required landscaping or barriers must be installed within 60 days after sign installation unless the city grants a written extension.

Inspection. The city may inspect signs for compliance with this chapter. Inspections shall be conducted during reasonable hours and in a lawful manner. Where required by law, the city shall obtain consent, an inspection warrant, or other lawful authorization before entering areas not open to the public, except in an emergency or other circumstance authorized by law.

More restrictive standard applies. If two provisions of this chapter apply to the same sign and conflict, the more restrictive provision applies unless otherwise expressly stated.

Administration. The City Administrator or designee is responsible for administering this chapter and may adopt forms, checklists, procedures, and administrative rules to implement this chapter, consistent with Chapter 2.115 PMC.

Enforcement authority. The Building Official, Code Enforcement Officer, City Administrator, or designee may enforce this chapter.

Civil infraction. The violation of, or failure to comply with, any provision of this chapter is unlawful and is designated as a civil infraction.

Civil process. Violations of this chapter shall be processed under Chapter 1.40 PMC and Chapter 7.80 RCW, as applicable.

No misdemeanor penalty. A violation of this chapter shall not be punishable by imprisonment. Repeat violations may be treated as repeat civil infractions but shall not be converted to misdemeanors under this chapter.

Separate violations. Each day a violation continues after notice has been issued and the required correction period, if any, has expired may be treated as a separate civil infraction.

Responsible persons. The city may enforce this chapter against any person responsible for a violation, including the sign owner, permit holder, property owner, tenant, business owner, person placing the sign, person benefiting from the sign, or any person who causes, allows, maintains, or fails to correct the violation.

Voluntary correction. The city may seek voluntary correction before issuing a notice of civil infraction where reasonable and appropriate. The city is not required to seek voluntary correction before issuing a civil infraction if:

Other civil remedies. In addition to issuing a civil infraction, the city may pursue any lawful civil remedy, including permit suspension, permit revocation, removal, impoundment, abatement, recovery of costs, or injunctive relief.

Removal authorized. The city may remove or require removal of any sign placed, displayed, or maintained in violation of this chapter.

Immediate removal. The city may immediately remove a sign without prior notice if the city determines that the sign:

Notice where practical. When immediate removal is not necessary, the city may provide notice and a reasonable opportunity to correct the violation before removing or impounding a sign.

Impoundment. A sign removed by the city may be impounded. The owner or responsible person may reclaim an impounded sign upon proof of ownership or responsibility and payment of applicable impound, storage, administrative, or other fees established in the city's adopted fee schedule.

Disposal. If an impounded sign is not claimed within 30 days after removal, the city may dispose of the sign. The city is not required to retain a sign that is unsafe, perishable, valueless, damaged beyond repair, or impracticable to store.

Appeal. A person aggrieved by sign impoundment may appeal in the manner established by Chapter 1.40 PMC or other applicable city procedure. Any appeal fee shall be as established in the city's adopted fee schedule.

Other remedies preserved. Removal or impoundment does not limit the city's authority to issue a civil infraction, recover costs, revoke a permit, require abatement, or pursue any other civil remedy authorized by law.