Sequim City Zoning Code
CHAPTER 18
58 SIGN CODE
§ 18.58.010 Purpose – Intent.
The city council finds that it is necessary and desirable to create a legal framework for a comprehensive and balanced system of street graphics to facilitate an easy and pleasant communication between people and their environment and to avoid the visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance. Generally, signs should not be on city property. Generally, signs in the downtown area should be oriented for pedestrian traffic rather than motor vehicle traffic. With these purposes in mind, it is the intent of this chapter to authorize the use of street graphics which are:
A.
Compatible with their surroundings;
B.
Appropriate to the activity that displays them;
C.
Expressive of the identity of individual activities and the community as a whole; and
D.
Legible in the circumstances in which they are seen.
Nothing in this chapter is intended to affect noncommercial free speech which has been exempted from regulation by constitutional court decision applicable in this state.
(Ord. 2000-005 § 2; Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A))
§ 18.58.020 Definitions.
means a legal nonconforming sign and/or structure that for a period of more than one year does not correctly identify, exhort, or advertise any person, business, lessor, lessee, owner, product, or activity conducted or available on or off the premises on which such sign is located.
means any vehicle not used in the daily operation or transport of goods or services which is parked on, or otherwise located near and visible from, a public right-of-way, which has attached thereto, or located thereon, any sign or advertising device for the primary purpose of providing advertisement for, or direction to, a business or activity of a business.
means a structure, as of canvas, plastic or metal, extended before a window, door, etc., as a protection from sun or rain.
means any sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered elsewhere than on the premises.
means the linear width of the face of a building, or lease area in multi-tenant buildings, which fronts on or along a public street or highway or a private road accessible for the vehicle circulation of the general public, not including alleys, or the frontage on a parking lot accessible by the public.
means a building wall extending vertically above the plate line of the roof where it intersects the wall.
means any sign attached to a building, as contrasted to a freestanding sign.
means a roof-like projection from a building offering protection from sun or precipitation which typically runs continually across the face, or a portion of the face, of a building. (See "Awning"; "Marquee.")
means a sign attached to or integrated into a canopy.
means a freestanding sign projecting from and anchored to one or more sides of a vertical supporting pier structure. (See "Capital sign.")
means a freestanding sign set on top, as a capital, of a vertical supporting structure of a lesser width than the sign.
means a freestanding sign structure containing the name identifying an integrated business development, and may also include identification signs on which the names and nature of businesses only within the development are uniformly displayed.
means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more often than eight times per day shall be considered an animated sign and not a changeable copy sign for the purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of the time and/or temperature is considered a "time and temperature" sign and not a changeable copy sign for the purposes of this chapter.
means two or more signs supported by the same structure.
means a special event permitted by the city or an event which is nonprofit and charitable and intended to benefit community members including such events as blood drives, food drives, book sales, bake sales, car washes and similar events which are infrequent and of short duration.
means the department of community development.
means directing traffic, either vehicular or pedestrian, to parking, entry, exit, loading, drive-in facility or other similar locations on site.
means the director of community development.
means materials or devices, whether or not they contain printed material, which are attached to real or personal property with the purpose or effect of attracting public attention to an object or site. Festoons include flags, pennants, balloons, ribbon, tinsel and other similar materials, regardless of size. Festoons are deemed to be signs.
means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision or other entity.
means an off-premises, directional sign limited in size, number and location based on the requirements of Department of Transportation rules to provide information on the location of commercial activities which are advertised on state-approved highway "gas-food-lodging" signs.
means any permanent sign not attached to a building.
means a clearly ancillary and secondary commercial use on residential property run by the owner/occupant of the residential dwelling unit as defined and permitted by the Sequim Municipal Code.
means a development consisting of five or more related establishments in separate units, in the same or different buildings and on the same or individual lots, using common driveways and on-site parking.
means any roof that has an angle, as measured from the horizontal, greater than 45 degrees and which derives part of its support from the building wall and is attached to (but not necessarily a part of) a low-slope roof with a pitch of less than 3:12 and which extends along the full length of the front building wall or three-quarters of the length of a side building wall.
means a roof-like projection over an entrance, as to a theater.
means a sign attached to or forming a marquee.
means a freestanding sign not exceeding eight feet in height, supported by a solid pedestal extending the entire length of the sign.
means a low-profile, freestanding sign, not exceeding four feet in height, supported by a solid pedestal extending the entire length of the sign.
means a single building occupied by two or more tenants, with each tenant's space distinctly separate from other spaces.
means address, no soliciting, no trespassing, children at play, guard dog, celebratory decorations or signs related to a noncommercial event, yard sale, missing pet, child's lemonade stand and similar signs.
means an outside sign which is not located on the premises of the entity or person related to the sign or if it is located on governmental property including rights-of-way. A sign shall not be considered "off site" if it is no larger than two feet wide and three feet high and is touching or next to a zero lot line structure on sidewalk right-of-way.
means an outdoor sign, associated with a restaurant or other business with a drive-through window, which gives a detailed list of foods or other goods and prices that are available at the business. Such signs are permitted on site.
means a separate legal parcel in an integrated commercial center designed to house a separate freestanding building for a single business.
means an individual, legally created lot.
means a legally placed sign intended to be "permanently in place" for the duration of the allowed, underlying land use. Examples of permanent signs may include, but are not limited to, wall signs, projecting signs, freestanding or monument signs, signs painted on awnings, or any other sign permanently affixed to the ground or a structure.
means any freestanding sign supported by a single long slender vertical support of wood or metal, etc., that is in excess of eight feet in height.
means signs advertising an existing or potential ballot issue upon which residents of Sequim may be eligible to vote.
means any sign that is intended to be in place for a limited duration, is capable of being moved easily, and is not securely affixed to the ground or a structure. These signs typically include, but are not limited to, signs commonly known as sandwich boards, A-frames, etc., and which are not affixed to the ground or to a structure.
means all property legally owned by a private person(s) and/or entity.
means a sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
means any gate-like, freestanding sign supported by multiple supporting structures.
means a commercial center of 10 or more businesses on one or more parcels designed as a single integrated development. (See "Shopping center.")
means a commercial center of five to nine businesses on one or more parcels designed as a single integrated development.
means the distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.
means an integrated retail center with common parking, landscaping and circulation with multiple businesses containing retail, service, restaurant and entertainment uses among at least one anchor store and multiple smaller tenants.
means the entire area within the outside border of the sign. The area of a sign having no continuous border or lacking a border shall mean the entire area within a single continuous perimeter formed by no more than eight straight lines enclosing the extreme limits of writing, representations, emblem, or any figure or similar character, together with any frame or other material or color forming an integral part of the display or used as a border excluding the necessary supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and are at no point more than three feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.
means the height of the sign measured from the general natural grade at the base of the sign to the highest point of the sign structure.
means a permit issued pursuant to Chapter 18.68 SMC by the city for temporary structures and/or activities including temporary business activities and special sales events.
means the lineal extent of a parcel of land along a public street or highway or a private road accessible for the vehicle circulation of the general public, not including alleys as measured from one side property line intersecting said street right-of-way to the next lot line intersecting said street.
means a kind of retail shopping location along a street or road consisting of a series of adjoining shops, small businesses in a building or buildings typically with a uniform front design and direct access to each shop from a common parking area in front or back. Strip malls do not include "big box" stores over 60,000 square feet.
means any on-site sign, banner, pennant, balloon, flyer, or other display constructed of wood, cloth, canvas, light fabric, plastic, cardboard and/or other light materials, with or without frames, securely, but not permanently, affixed to the ground or a structure, intended to be displayed for a limited time only. Painted window signs which are readily removed by washing shall be considered temporary signs.
means the event for which the temporary or portable signage is sought. Triggering events are limited to events listed in SMC § 18.58.065 which include only when the building is for sale, rent or lease or when there is an outside product merchandise display on-site or when there is a grand opening of a business or when it is going out of business.
means a sign attached parallel to, but within six inches of, a wall, painted on a wall surface, or erected and confined within the limits of an outside wall of a building or structure (including a parapet, gable or mansard extension of such wall which is supported by such wall or building) and which displays only one sign face.
(Ord. 2000-005 § 2; Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A); Ord. 2012-017 § 1 (Exh. A); Ord. 2014-006 § 1 (Exh. A))
§ 18.58.030 Administrative provisions.
A.
Administration. The provisions of this chapter will be administered and implemented by the director of community development. Enforcement is done in cooperation with other city departments.
B.
Interpretation. Where there is any dispute concerning the interpretation of this chapter, the decision of the director of community development will prevail subject to the appeal provisions of this chapter.
C.
Permit Required. A sign permit for each sign must be obtained from the department of community development prior to the placing, erecting, moving, reconstructing, altering or displaying of any exterior signs, excluding change of face or copy on existing signs, unless exempted by SMC § 18.58.060. A building permit and/or electrical permit may also be required under the provisions of the International Building Code and Uniform Sign Code. No sign may be placed within the public right-of-way without approval of the public works director, except as may be permitted by this chapter.
D.
Application for Permits. Application for sign permits must be made to the department on a form provided by the director. Such application will require:
1.
Name of business, city business license number, and address of sign location;
2.
Name, signature, and title of applicant;
3.
Name, signature, and address of property owner; and/or
4.
Name, signature, and address of property owner's legal agent;
5.
Name(s) and address(es) of contractor(s), Washington contractor's registration number, and city business license number;
6.
Description of the work to be performed including type, size, and construction of sign;
7.
Description of type, size, and location of other existing signs applicable to determination of compliance with the provisions of this chapter including reference to any approved master sign program;
8.
Attachments, including scaled and dimensioned site plan and building elevations showing size, height, location, copy, construction, and materials of the sign;
9.
Attached building permit, if required, with construction details, including attachment and footing details, wind load calculations, ULI number, point of electrical connection and/or location of associated electrical fixtures and structural engineer's wet stamp, if required.
E.
Fee. The fee for review of a sign permit application and issuance of a sign permit is as established by the city council. (See Chapter 3.68 SMC for sign permit fees.)
F.
Issuance of Permit. Upon the filing of an application for a sign permit, the plans, specifications and other data will be examined by the director and the building official, and if it appears the proposed sign is in compliance with the requirements of this title and all other laws of the city, the director will issue a sign compliance permit and the building official will then issue the building permit, if required.
(Ord. 2000-005 § 2; Ord. 2011-013 § 1 (Exh. A); Ord. 2011-017 §§ 1, 2; Ord. 2012-011 § 1 (Exh. A); Ord. 2022-011 § 1 (Exh. A))
§ 18.58.035 Kiosk signs.
The city may provide kiosks on public property or rights-of-way. Such kiosks may display signs of a size and style, including type font specification determined by the city by administrative policy. In addition to city announcements, space may be provided for a fee to display off-site messages which are commercial for-profit or nonprofit. Messages displayed in a kiosk shall be in lieu of other off-site signs by the same individual, business, or organization.
(Ord. 2012-011 § 1 (Exh. A))
§ 18.58.040 Enforcement and penalties – Permanent signs.
A.
Inspections. The building inspector or designee is authorized, upon presentation of proper credentials, to enter or inspect any building, structure, or premises in the city for the purpose of inspection of a sign and its structural and electrical connections to ensure compliance with all applicable codes and ordinances. Such inspections shall be carried out during business hours unless an emergency exists.
B.
Removal of Signs. Those signs which pose a threat to the public health, safety and welfare, are located within the city right-of-way or other public property, or were illegally established are considered a public nuisance and may be removed by the building inspector without prior notification.
C.
Notice of Violation. Whenever the building inspector or designee determines that a violation of this chapter exists, a notice of violation shall be issued which specifically indicates:
1.
Which provisions of this chapter are being violated.
2.
What steps are necessary to correct the violation.
3.
Statement that the owner shall have 45 days from the date the notice is given in which to correct the violation; except temporary signs, banners, and portable signs which shall be dealt with as set forth herein.
4.
Failure to comply with the notice will result in an administrative fee of $100.00 being assessed against the violator. Please refer to subsection (E)(1) of this section.
D.
Delivery of Notice. The building inspector or designee shall:
1.
Leave a copy of the notice of violation with the occupant or person in charge of the property, or post it in a conspicuous place on the subject property if no one is present, or send a copy of the notice by certified mail, return receipt requested, to the occupant or person in charge of the property on which the violation is taking place; and
2.
Send a copy of the notice by certified mail, return receipt requested, to the owner of the subject property.
E.
Second Notice. In the event that the violation shall not be corrected within the time frame set forth in the notice of violation, the building inspector or designee shall send a second notice of the violation. The notice shall contain all items specified in subsections (C)(1) through (3) of this section, and shall also indicate:
1.
That the $100.00 administrative fee has been assessed against the violator and will have to be paid in addition to the violation being corrected; and
2.
Failure to comply with the notice subjects the violator to civil and criminal penalties. The second notice of violation shall be given in the same manner as the first notice.
F.
Removal of Signs by the Building Inspector. In the event that the violator does not correct the violation in the time set forth and does not pay the administrative fee, the following penalties shall apply, and the building inspector shall have the authority to remove the sign at the owner's expense.
G.
Civil and Criminal Penalties. In the event that the violator does not correct the violation in the time set forth and pay the administrative fee, the following penalties shall apply:
1.
Penalty for First Offense. Any person who commits any violation of this chapter, where such violation constitutes a first offense and where such person has failed to pay the administrative fee in response to a second notice, shall have committed a civil infraction and, upon a finding by the court or hearing officer, whichever is the appropriate body, such infraction has been committed, shall pay a monetary penalty to the city of Sequim in an amount not to exceed $250.00.
2.
Penalty for Second or Subsequent Offense. Any person who violates or fails to comply with any provision of this chapter, where such person has been adjudged by the court to have committed a previous violation of such provisions and where such person has failed to pay the administrative fee in response to the second notice of violation, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $1,000 or imprisonment for a period not to exceed one year or by both such fine and imprisonment. In addition, each day or portion thereof during which any violation of this chapter is committed or permitted shall constitute a separate offense.
3.
Additional Remedies. Any nonconforming sign is a public nuisance and may be abated. In addition to any other remedy provided by this chapter, the city may initiate injunction or abatement proceedings or any other appropriate action in the courts against any person, firm or corporation who violates or fails to comply with any provisions of this chapter to prevent, enjoin, abate or terminate violations of this chapter or to restore a condition which existed prior to the violation. The violator shall pay the costs of such action including reasonable attorneys' fees.
(Ord. 2000-005 § 2; Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A))
§ 18.58.045 Enforcement and penalties – Temporary and portable signs.
A.
Property Owners or Occupants Liable. Property owners or occupants who have temporary or portable signs located on their property or upon adjacent rights-of-way where they are the underlying owner shall be presumed to have consented to the sign placement. Owners or occupants who have temporary or portable signs in violation of this chapter shall be liable for those signs. It shall be the duty of the property owner or occupant to ensure that each temporary and/or portable sign placed on the owner's or occupant's property complies with this chapter and that noncompliant signs are promptly removed in accordance with SMC § 18.58.066(D). Property owners upon whose property a private sign has been placed without permission, in order to rebut the above presumption, may remove any such private sign, may, but are not required to, notify the persons responsible for placement of the sign to remove it if the owner's identification and contact information is on the sign, or may notify the city code compliance officer of the unpermitted sign.
B.
Penalty. Violation of this chapter is a Class 2 infraction subject to the penalties described in RCW 7.80.120(1)(b) as may be amended. Each day or portion of a day in violation is considered a separate offense pursuant to SMC § 1.12.010(B).
C.
Penalty for Failure to Respond to or to Pay an Infraction. Any person who fails to respond to an infraction notice may be charged with a misdemeanor crime pursuant to RCW 7.80.160(1). Any person who fails to pay a monetary penalty and/or perform community restitution may be found in contempt of court pursuant to RCW 7.80.160(2).
(Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A); Ord. 2021-017 § 1 (Exh. B))
§ 18.58.050 Variances – Permanent signs.
The city recognizes that for certain parcels and buildings it may not be possible for an applicant to conform to all the foregoing requirements or strict adherence may deny the property of type of signs and/or sign area that was the intent of the code. Therefore, the hearing examiner may grant variances from these requirements for permanent signs when all of the following conditions are found to apply:
A.
That any variances granted must not constitute a grant of special privilege inconsistent with the limitation upon other properties in the same zoning district and similar circumstances.
B.
That because of special circumstances applicable to the subject property, including size, sight line, setbacks, location or surroundings, the strict literal application of this chapter is found to deprive the subject property of privilege enjoyed by other properties in the same zone and similar circumstances.
C.
That under the circumstances of this particular case, the variance, rather than the literal application of this chapter, actually carries out the spirit and intent of this chapter.
(Ord. 2000-005 § 2; Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A); Ord. 2019-004 (Exh. B))
§ 18.58.060 Exemptions – Permanent signs.
The following nonilluminated signs shall be exempt from the permitting and fee requirements of this chapter, subject to the limitations provided in this chapter, or as otherwise provided by state law. Nothing in this chapter should be construed to exempt compliance with the latest building and sign codes adopted by the city.
A.
Signs erected or posted within the right-of-way of a street or alley or elsewhere for public safety and welfare, or pursuant to any law or regulation or otherwise required or directed by the city of Sequim; this includes, but is not limited to, signs erected and maintained by federal, state, or local government, including the city of Sequim, and those erected and/or maintained on behalf of the federal, state, or local government, including the city of Sequim.
B.
On-site directional sign (limited to one) not exceeding three square feet in area and three feet in height.
C.
On-site nonadvertising signs relating to trespassing and hunting, not exceeding two square feet in area and with a minimum separation of 100 feet.
D.
On-site signs indicating business hours and emergency contact information not exceeding two square feet in area.
E.
On-site seasonal decorative banners containing no advertising or promotion of goods and services.
F.
Signs identifying community service structures or containers such as phone booths, transit shelters, and solid waste and recycle collection containers.
G.
Private parking and tow away signs.
H.
Flags displayed from permanently located freestanding or wall-mounted flag poles designed for the raising and lowering of U.S., Washington State or city flags.
I.
Noncommercial signs on residential property not to exceed 10 square feet total signage.
(Ord. 2000-005 § 2; Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A))
§ 18.58.065 Exemptions – Temporary signs.
A.
All signs located within an enclosed structure are exempt.
B.
The following nonilluminated signs shall be exempt from permitting and fee requirements. Signs erected or posted under this section shall not be regulated by content, but are typically and customarily used to advertise real estate for lease or sale, construction, sales or specials, political or ideological positions, etc. Signs must be removed within two days after the triggering event has ended. For the purposes of this section, multiple adjacent parcels that are legally described as individual lots and that are owned by the same person(s) or entity shall be considered a single lot. Each subset outlined below shall be limited to the signage allowed for that subset only. Political signs are allowed under this section and also under SMC § 18.58.135. Governmental temporary signs are exempt.
1.
Mixed Use Zones. Each use shall be governed by the signage regulations appropriate to that use delineated below, i.e., commercial signage for commercial use, residential signage for residential use.
2.
Commercial Zones – On Site.
a.
Individual Lots.
i.
One sign not to exceed four square feet and two feet in height which must be removed after the structure is leased, sold, or rented, or the construction or remodel is completed.
3.
5.
Research and Development Park – On Site. For each lot:
a.
One sign not to exceed four square feet and two feet in height per frontage and must be removed after the structure is leased, sold, or rented, or the construction or remodel is completed.
6.
All Commercial Zone Areas – Outdoor Product Displays – On Site. Signs shall not be regulated by content but are typically and customarily used to advertise specific products for sale on on-site outdoor displays. Signs may be placed on outdoor product displays if:
a.
The sign does not exceed 25 percent of the face of the display on which the sign is located;
b.
The display contains only products actually available for sale at that site by the owner or occupant of the property;
c.
The displays are not located within the public right-of-way;
d.
The sign is removed when the product display is not located outside;
e.
Only one sign per product display shall be allowed;
f.
The display does not interfere with pedestrian traffic or obstruct view of vehicular traffic.
7.
All Commercial Zone Areas – Grand Opening or Going Out of Business Events.
8.
Handheld Signs. Handheld signs, including sandwich board worn signs, are not exempt from permit requirements except for community and special events; provided, that, when authorized by a permit:
a.
No handheld sign exceeds six square feet in area.
b.
No person carrying a handheld sign interferes with, blocks, or impedes vehicular traffic or pedestrian movement. Such signs shall not be displayed in the traffic vision triangle at street corners.
c.
Handheld signs may be on or off the site of the sign owner or proponent.
d.
These requirements apply when the person is adjacent to a public roadway or is not participating in a permitted parade or other permitted special event.
e.
Handheld signs shall comply with all requirements for off-site portable signs and shall be considered off-site portable signs.
f.
Handheld signs, in addition to all other limits, shall be allowed only in the downtown subarea zone.
g.
Handheld signs are considered temporary signs for purposes of determining the number of temporary signs allowed.
C.
In addition to other time restrictions, all temporary signs shall be removed after 12 consecutive months regardless of whether the triggering event has ended. Each sign must have a minimum of 60 days or a duration equal to the length of time displayed, whichever is longer, between subsequent displays.
D.
All signs must be placed and sized in a manner so as not to interfere with vehicular or pedestrian traffic, visibility, line of sight, or public safety, which includes but is not limited to vision triangles. All signs must be properly secured and comprised of quality materials to avoid causing litter or debris. Any sign that is faded, torn, damaged, or in disrepair shall be immediately repaired or removed.
E.
Portable signs shall be considered temporary signs for purposes of determining the number of temporary signs allowed in this section.
F.
Signs erected or posted under this section must be entirely on the private property pertaining to the sign content and shall not be placed in medians, roundabouts, or on trees or in rights-of-way except as otherwise permitted in this chapter. Signs may not be placed on utility poles, streetlight and/or traffic signal standards unless pursuant to an agreement or permit with the city, signed by the city, which outlines the specific parameters for such placement.
G.
Temporary signs located on private property shall be the responsibility of the property owner or occupant of the property on which the sign is located. Signs placed on private property without the owner's or occupant's permission or in a manner that exceeds the scope of the owner's or occupant's permission may be taken down by the owner or occupant as specified in SMC § 18.58.066(D).
H.
City Not Responsible. The city and its officers, employees, or agents shall not be responsible for any lost or damaged signs erected or posted under this section.
(Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A))
§ 18.58.066 Exemptions – Portable signs.
The following nonilluminated portable signs, which shall not include handheld signs (see temporary signs in SMC § 18.58.065(B)(8)), shall be exempt from permitting and fee requirements except that portable signs shall be considered temporary signs for purposes of determining the number of temporary signs allowed in SMC § 18.58.065:
A.
Portable signs may be placed on private property in all zones where retail commercial uses are permitted. Each sign shall not exceed six square feet. Governmental portable signs are exempt. Portable signs shall be subject to all of the following conditions:
1.
Signs shall be placed and removed each day and shall be placed no earlier than 6:00 a.m. the day before the event and be removed within one-half hour after dusk on the last day of the event, or shall be placed and removed in accordance with regular business hours, whichever is less. Signs placed by event or activity sponsors pursuant to SMC § 18.58.067(C) shall be placed and removed in accordance with a valid contract or permit.
2.
Only one sign may be placed on a lot or rental frontage.
3.
Shopping centers, shopping malls and other similar commercial or retail locations where such locations are permitted to have a permanent sign identifying tenants or occupants of leased or rental units may not have portable signs fronting a public road except as provided in subsection (A)(3)(a) of this section. Interior portable signs in front of individual units are permitted if located at least 40 feet from the front strip mall property line/edge of right-of-way, oriented to the street; provided, that such signs are pedestrian oriented signs and not readable from a public right-of-way or from a residential zone.
a.
The owner of a strip mall may prepare a written "tenant portable sign management" policy, and supply a copy to the DCD, providing for portable signs to be placed on mall property fronting the primary street that provides entry to the mall and not on city right-of-way. The number of allowed portable signs is one portable sign, rounded up, for every five tenants, excluding every business with a primary entrance within 50 feet of the primary street. Each sign shall not be greater than 12 square feet in area or more than five feet in height, shall not be illuminated, shall be removed during nonbusiness hours and shall comply with all location safety requirements of the sign code including setbacks from driveways, location outside of vision triangles and other sight-distance requirements for safety. Signs shall be neat, readable and of a professional design.
4.
Residential zoned property off-site directional signs are permitted. Each residential property is limited to two off-site signs which may be placed on private property with permission of the owner or which may be placed on the planting strip area of city right-of-way with permission of the underlying property owner or immediately adjacent owner. Where the planting strip is owned in fee by the city or other governmental agency such signs are prohibited. No signs are allowed for home occupations. All signs must be placed and sized in a manner so as not to interfere with vehicular or pedestrian traffic, visibility, line of sight, or public safety, which includes but is not limited to vision triangles. All signs must be properly constructed and comprised of quality materials to avoid causing litter or debris. Any sign that is faded, torn, damaged, or in disrepair shall be immediately repaired or removed. All such signs shall be posted for no longer than five consecutive days and shall be posted no more often than five times per year.
5.
DC and DMU-I zoned property off-site directional signs are permitted only under the following circumstances:
a.
The property is between Bell and Cedar Streets and between Fifth and Sunnyside Avenues, but does not have the right to a permanent location sign visible from Washington Street or Cedar Street or Bell Street.
b.
The sign must clearly direct viewers to the location of the property which is not visible from Washington Street or Cedar Street or Bell Street.
c.
Each such zoned premises is limited to two off-site signs which may be placed on private property with permission of the owner or which may be placed on the planting strip area of city right-of-way. All signs must be placed and sized in a manner so as not to interfere with vehicular or pedestrian traffic, visibility, line of sight, or public safety, which includes but is not limited to vision triangles. All signs must be properly constructed and comprised of quality materials to avoid causing litter or debris. Any sign that is faded, torn, damaged, or in disrepair shall be immediately repaired or removed.
6.
Signs located on private property shall be the responsibility of the property owner or occupant on which the sign is located.
7.
Signs placed on private property without the owner's or occupant's permission or in a manner that exceeds the scope of the owner's or occupant's permission may be taken down by the property owner or occupant as specified in subsection D of this section.
8.
Legible contact information shall appear on the sign, including the sign owner's name, address, and a telephone number where the sign owner can be reached during the entire time that the sign is displayed.
B.
City Not Responsible. The city and its officers, employees, or agents shall not be responsible for any lost or damaged signs located on public property, public rights-of-way, or public easements while on the property, right-of-way or easement, or in city custody.
C.
All signs must be placed in a manner so as not to impede or interfere in any way with pedestrian or vehicular traffic, visibility, line of sight, or public safety.
D.
Owners or occupants may take down unlawful signs placed on their property without permission.
E.
All signs must be of durable construction and comprised of quality materials to avoid causing litter or debris. Any sign that is faded, torn, damaged, or in disrepair shall be immediately repaired or removed.
(Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A); Ord. 2012-017 § 1 (Exh. A); Ord. 2014-006 § 1 (Exh. A))
§ 18.58.067 Special event and temporary activity signage.
A.
Sponsors of special events permitted under Chapter 8.38 SMC and temporary use permittees may have signs as allowed under SMC § 18.58.065 in accordance with the zoning of the property where the event or activity will be held. The total of all signs on any individual lot must not exceed the maximum number of signs otherwise allowed for that zoning district and must also comply with the special event or temporary use permit signage requirements.
B.
Special event permittees who have obtained a valid special event permit pursuant to Chapter 8.38 SMC may have a maximum of 10 temporary and/or portable signs, each sign not to exceed eight square feet. These signs are not regulated by content but are typically and customarily used for way finding or traffic regulation. A valid special event permit is not an agreement for the purposes of subsection C of this section. All such signs must comply with the terms of the permit.
C.
Special event sponsors who contract with the city as a co-sponsor for their event may have a maximum of 20 temporary and/or portable signs, each sign not to exceed eight square feet, as approved through their agreement with city council.
E.
All portable signs must conform to the time requirements specified in SMC § 18.58.066(A)(1), and all temporary signs must be removed within 24 hours of the end of the event, unless there is a valid contract in place that specifies different time requirements.
F.
All signs relating to an exempt special event or temporary use must have contact information on the sign as required under SMC § 18.58.066(A)(8).
G.
No sign erected under this section can be illuminated in any manner.
H.
No sign can be placed or located in any way that may interfere with pedestrian or vehicular traffic, visibility, line of sight, or public safety, which includes but is not limited to vision triangles.
(Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A); Ord. 2020-011 § 1 (Exh. B); Ord. 2021-012 § 1 (Exh. B))
§ 18.58.070 Prohibited signs.
While no sign is permitted, except as expressly stipulated by this chapter, the following signs are listed as prohibited in the interest of clarity, public interest and safety:
A.
All off-premises signs, including billboards, except as otherwise permitted in this chapter.
B.
Pole signs.
C.
Signs which exceed the top of the roof or parapet on which they are attached.
D.
Signs on vehicles, trailers, boats, or other similar property parked on private property, unless SMC § 18.58.065(B)(6) applies.
E.
Animated, rotating signs or those incorporating in any manner flashing or intermittent lighting.
F.
Signs resembling in size, shape and/or color official safety and traffic signs and/or devices such as stop and turning signs and traffic signals.
G.
Signs located in the public right-of-way, except as expressly permitted by this chapter.
H.
Signs placed on utility poles, street light poles or traffic control device supports or trees, unless placement is allowed under SMC § 18.58.065(F).
I.
Festoons, unless placement is authorized as a community event.
K.
Any signs, devices, or structures which constitute a hazard to public safety.
(Ord. 2000-005 § 2; Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A))
§ 18.58.080 Washington State Department of Transportation signs.
Highway commercial follow-through signs for a legally established and licensed business in the city of Sequim may be permitted as defined and legally required by state of Washington statutory authority and, as consistent with that authority, required by the Washington State Department of Transportation (WSDOT) as a condition to participate in any established highway sign program and in compliance with the sections of this chapter, and in compliance with the following criteria:
A.
Size. Meet minimum criteria by WSDOT for follow-through signs as may be legally required and defined by statutory authority.
B.
Number. Minimum required by WSDOT as legally defined and established through statutory authority.
C.
Color. Same as sign on highway.
D.
Support Structure. Designed and owned by city of Sequim to hold multiple signs.
E.
Location. To be determined by city in compliance with requirements of WSDOT Logo Program or other highway sign programs as may be legally required and defined by statutory authority. Signs shall be selected for posting on the city support structure on a first come; first served basis up to the limit of spaces available on the structure.
F.
Material. Same as WSDOT specifications for logo signs.
G.
Ownership. Signs shall be owned by business.
H.
Purchase. By applicant as provided for by WSDOT program.
I.
Maintenance. Sign is applicant's responsibility; structure a city responsibility.
J.
Installation Fee and Annual Fee. An installation fee and an annual fee may be charged by the city for follow-through signs as set forth in the city fee ordinance.
(Ord. 2000-005 § 2; Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A); Ord. 2015-013 § 1 (Exh. A))
§ 18.58.090 Temporary signs requiring a permit.
The purpose of this section is to provide an opportunity to obtain additional temporary on-site signage beyond what is exempted in SMC § 18.58.065. Additional temporary signs shall be allowed as outlined below. This signage shall not be regulated by content, but is typically and customarily used to advertise special events, sales, store openings, and other similar, infrequent events on banners. For the purposes of this section, multiple, adjacent parcels that are legally described as individual lots and that are owned by the same person(s) or entity shall be considered a single lot.
A.
Commercial Zones.
1.
Number. Maximum of two signs per individual lot.
2.
Size. Maximum total lot signage area of 24 square feet.
3.
Display Period. Maximum of 15 consecutive days, four times per calendar year. Signs must have a minimum of 30 consecutive calendar days between each 15 days of display of a temporary sign.
B.
Public Facilities Zones.
D.
Permits. Persons responsible for the sign(s) shall obtain a temporary sign permit prior to display of temporary signs under this section.
(Ord. 2000-005 § 2; Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A))
§ 18.58.094 Garage sale signs.
A.
Definitions. For the purpose of this chapter, the term "garage sale" shall include noncommercial yard sales, estate sales, patio sales, rummage sales, or other similar sales of 20 or more miscellaneous used household items, and which are advertised for the general public to attend. This definition is not meant to include new handcrafted items by the sponsor of the sale.
B.
Restrictions. There shall not be conducted more than four garage sales at any one location during a calendar year. The length of time for each garage sale shall not exceed four consecutive days. Goods displayed in any garage sale may not be displayed in the public right-of-way. Signs may be posted only on the property where the sale is being held and on up to two other locations directing buyers to the location of the sale. The signs must be on private yards or on the planting strip of private property and must have the permission of the owner or tenant of the property upon which they are posted. The signs shall be no larger than four square feet and shall contain, on the front or back of the sign, the name of owner or tenant conducting the garage sale, the dates of the sale and the address and phone number of the sale location. The sign shall be posted no earlier than three days before the sale and shall be removed no later than the day after the sale. Signs in compliance with these restrictions for sales in compliance with these restrictions shall not require a permit.
(Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A))
§ 18.58.100 General regulations.
A.
Freestanding signs shall be centered along the street frontage as design and circumstances permit; however, no sign shall be placed within five feet of a property line, or driveway, except that a small monument sign may be placed within one foot of the street frontage property line.
B.
Supports for pylon signs shall be at least four standard inches square for signs of eight feet in height or less with a clear area under the sign of no more than one-half the height of the sign; and for signs over eight feet in height, as may be authorized in SMC § 18.58.110(D)(5), the supporting structures shall be at least two feet in width and total one-fourth the width of the sign.
C.
Except as provided for in this chapter, no portion of any sign shall be located within five feet of a property line or be located in such a manner as to constitute a hazard to pedestrians or vehicles.
D.
All freestanding signs shall include the address of the property in numerals and/or letters at least six inches high. Addresses over eight inches in height shall be counted as sign area. Addresses shall not be obscured by landscaping or other obstructions.
E.
No commercial, freestanding signs shall be permitted on local low-density residential streets, unless the commercial property has no other street frontage.
F.
All signs, except those specifically exempted under this chapter, shall be permanent in nature and be consistent with the latest version of the International Building Code adopted by the city of Sequim.
G.
The size, number and locations of signs for uses approved in the "public facilities" zone or under the PUD and special property use provisions of the municipal code shall be provided for in the approval of those uses or for existing facilities as permitted with the underlying zoning district in which they are located as provided by this chapter.
H.
Integrated commercial developments may be provided with relief from the strict application of the provisions of this chapter through a major use permit approving a uniform sign program which implements the intent of the chapter, is in keeping with the character, nature and location of the development and protects the public safety and property values of surrounding parcels and businesses.
I.
Downtown Plan Area. The downtown plan area regulations, when adopted, may modify the regulations in this code chapter. Where the two are in conflict, the regulations in the downtown plan govern.
(Ord. 2000-005 § 2; Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A))
§ 18.58.110 Signs in commercial and industrial districts.
Signs shall be permitted in all commercial, professional office, industrial and mixed use zones of the city per the following regulations and as provided for elsewhere in this chapter:
A.
Business in an integrated development with an approved master sign program shall comply with the conditions of that program.
B.
No sign, except as otherwise permitted by this chapter, shall be permitted that does not pertain directly to an approved use or business conducted on the premises.
C.
For mixed use projects permitted by the municipal code, a sign program, which implements the intent of this chapter, shall be approved as part of the discretionary approval of the planned unit development, binding site plan or other allowed application process.
D.
Freestanding Signs.
1.
Number. Each commercially developed parcel of land or commercial center shall be permitted one freestanding sign (consistent with the standards of this chapter) per street frontage.
2.
Sign Area. For each sign, a sign area of 25 square feet or one square foot of sign area per each two lineal feet of street frontage up to a maximum sign area of 50 square feet, whichever is greater.
3.
Height. The maximum height of a freestanding sign located within five feet of the public right-of-way or private street shall be four feet. Signs set back a minimum of five feet shall be permitted a height of five feet plus one-half foot of height for each additional foot of setback exceeding five feet up to a maximum of eight feet in height. Any sign in excess of eight feet as permitted by this code in subsection (D)(5) of this section shall be set back a minimum of 10 feet.
4.
Location. No freestanding signs shall be located within any vision triangle or within 25 feet of the right-of-way of any street intersecting the street on which the freestanding sign fronts.
5.
Multi-Tenant Properties. In addition to the above, signs shall be allowed as stipulated for the following multi-tenant properties:
a.
Retail Center, Major. Shall be permitted, through approval of a major use permit for a master sign program, one monument sign per developed pad lot; one center identification sign on the primary frontage, with a sign area of 100 square feet plus 10 square feet for each acre to a maximum of 200 square feet and one center identification sign on each secondary street frontage of at least 100 linear feet with a maximum sign area of 50 square feet. Center identification signs shall not exceed the height of associated buildings or 25 feet, whichever is lower. The location of freestanding signs shall be determined by the master sign program.
b.
Retail Center, Minor. Shall be permitted a single center identification sign in keeping with the limits on freestanding signs in commercial zones with an additional allowance of five square feet of sign area per tenant space on permitted freestanding signs to a maximum additional sign area of 45 square feet with a maximum sign height of 20 feet or the height of associated buildings, whichever is lower.
c.
Multi-Tenant Professional and Office Buildings and Centers with More Than Four Tenants. Shall be permitted a tenant directory sign (which may be attached to a building wall) for each street frontage, with a sign area for each directory of two square feet per tenant with no additional height allowance. The sign, if not attached to the building, shall be set back from the street frontage property line a minimum of 20 feet.
E.
Wall Signs.
1.
Number. Each business shall be permitted one sign for each building or lease area frontage on a street or parking lot accessible to the public, except that each business in a multi-tenant property other than within the DC zone (see subsection (E)(5) of this section) with frontage on a street or parking lot accessible to the public shall be permitted only one wall sign on only one such frontage and such sign shall be on the facade of primary entry to the business.
2.
Sign Area. The total sign area permitted per frontage shall not exceed one square foot for lineal foot of the frontage on which the sign is located or 25 square feet, whichever is greater, up to a maximum of 100 square feet. Frontages may not be combined to permit a larger sign.
3.
Location. Signs placed on the building wall, parapet, fascia, or canopy shall be generally centered on the supporting structure or the lease area or over an entry but in no case shall a building sign be located within two feet of the end of the building wall, roof, canopy, parapet or lease area.
4.
For properties zoned MU/C-III and west of 7th Avenue only, the following wall sign standards apply in lieu of subsections (E)(1) to (3) of this section:
a.
The total allowed wall sign area for an individual business tenant is 100 square feet plus one square foot of area for every four feet of distance from the primary customer entry facade most oriented to Washington Street to the nearest edge of Washington Street right-of-way; provided, however, that in no case shall the total area allowance exceed eight percent of the area of the building facade of primary customer entry.
b.
The maximum number of wall signs permitted per business is two.
c.
No individual sign shall be greater than provided in subsection (E)(4)(a) of this section or 80 percent of the total allowed sign area or 200 square feet, whichever is the least.
d.
Any sign allowed shall be installed only on the facade of primary customer entry most oriented to Washington Street; provided, that for any business tenant in a retail center with no primary customer entry facade visible from Washington Street, one of the two allowed signs in subsection (E)(4)(b) of this section, not exceeding 20 percent of the total sign area allowance in subsection (E)(4)(a) of this section, may be installed on the facade most oriented to Washington Street.
5.
For properties zoned downtown core (DC), one wall sign shall be allowed per the standards of subsections (E)(2) and (3) of this section for any business with a facade abutting a public alley with a direct customer entrance from the alley.
F.
Window Signs. In addition to the sign area permitted above, each business may be permitted window signs; provided, that the sign area shall not exceed more than four square feet or 25 percent of each window area.
(Ord. 2000-005 § 2; Ord. 2011-013 § 1 (Exh. A); Ord. 2011-019 § 2; Ord. 2012-011 § 1 (Exh. A); Ord. 2014-007 § 1 (Exh. A); Ord. 2014-009 § 1 (Exh. A))
§ 18.58.115 Downtown sign standards.
In any case where specific regulations governing signs in Chapter 18.57 SMC differ and conflict with sign regulations in this chapter, regulations in Chapter 18.57 SMC shall control. All other applicable sign regulations in this chapter shall also apply to properties governed by Chapter 18.57 SMC.
(Ord. 2000-005 § 2; Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A))
§ 18.58.120 Signs in residential areas.
Signs shall be permitted in all residential zones of the city and on property developed exclusively with residential uses, including those residential units in commercial and mixed use zones, per the following regulations and as provided for elsewhere in this chapter.
A.
In addition to signs permitted by this section, home occupations shall be permitted one nonilluminated, flush-mounted wall or window sign not to exceed six square feet in area.
B.
Residential project entry signs shall be permitted as follows:
1.
One sign at each road or driveway entry located outside of the public right-of-way and any required clear vision triangle;
2.
Only where a property owner or homeowners' association exists to maintain the sign;
3.
Total area of each sign shall be no more than 32 square feet per sign face;
4.
Maximum height shall be eight feet;
5.
Shall be integrated into the landscape plan of the project.
(Ord. 2000-005 § 2; Ord. 2011-003 § 1 (Att. 3); Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A))
§ 18.58.130 Signs for uses with special needs.
The following additional sign area to that permitted elsewhere in this chapter is allowed for uses which have unique needs for signs which cannot or are not addressed elsewhere in this chapter.
A.
Gasoline Service Stations. Shall be permitted additional sign area as necessary and/or as required by law for the display of the price of all petroleum fuels offered for sale.
B.
Churches and Schools. Shall be permitted a freestanding sign on the primary street frontage of up to 50 square feet plus a reader board of up to 40 square feet. Religious symbols permanently affixed to the structure shall not be considered signs for the purposes of this chapter.
C.
Vehicle Sales Lots. Shall be permitted to display the price and description of the vehicles offered for sale on each vehicle with numbers no greater than 12 inches in height.
D.
Commercial Business with Drive-Through Windows. Shall also be permitted 20 square feet per drive-through lane for menu boards with a maximum total menu board area of 40 square feet.
(Ord. 2000-005 § 2; Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A))
§ 18.58.135 Political campaign signs.
A.
Political campaign signs do not require sign permits.
B.
Candidate signs may only be installed for candidates who either have publicly declared their intent to run for office or have filed with the appropriate authority to seek office.
C.
Initiative signage may be displayed for any initiative in which there is an ongoing drive to collect signatures to place the initiative on a ballot or if the initiative has been filed with the Washington Secretary of State's Office or county auditor's office. All signs must be removed within 14 days following the election.
D.
All political campaign signage shall be removed within 14 days following the general election. If a runoff election for a candidate or initiative is required, the signs may remain until 14 days following the runoff election.
E.
Campaign signs may be placed by permission in the landscaped area or parking strip of a property in which the adjacent property owner controls and maintains the area. This may include rights-of-way. No political campaign sign shall be erected on private property without the permission of the property owner or his/her agent.
F.
Campaign signs are in addition to any sign otherwise permitted under this chapter.
G.
Campaign signs may not be located on real property owned and/or controlled by the city of Sequim except as set forth in subsection E of this section.
H.
Campaign signs may not be located within street medians, roundabouts, or in right-of-way areas not maintained by the adjacent property owner, and may not obstruct sidewalks, streets or the view triangle at intersections.
I.
The maximum size of political campaign signs shall be 32 square feet per parcel.
(Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A))
§ 18.58.140 Nonconforming signs – Permanent signs.
A.
Legal nonconforming signs and sign structures, i.e., permanent signs legally permitted, erected and maintained at the time of the original adoption of the ordinance codified in this chapter (Ordinance No. 2000-005), although they do not conform to the regulations herein specified, shall be permitted to remain so long as they are safe and maintained; are used within the previous year for a minimum of six consecutive months; are not relocated; are not enlarged or structurally modified; and there is no change in the use of the site, or issuance of any land use approval.
B.
Off-premises legal nonconforming signs and sign structures, i.e., permanent signs legally permitted, erected and maintained at the time of the adoption of the ordinance codified in this chapter, although they do not conform to the regulations herein specified, shall be permitted to remain and be used so long as they are safe and maintained; are used to advertise a business or product within the previous year; are not relocated; are not enlarged or structurally modified; and there is no major change in the nature of the use of the site, or issuance of any land use approval or major construction permit for the site on which the sign is located.
(Ord. 2000-005 § 2; Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A))
§ 18.58.150 Removal of abandoned or obsolete signs and structures.
A.
Abandoned or obsolete sign structures shall be removed by the owner of the premises upon which the sign is located within 45 days of being notified by the city.
B.
Abandoned or obsolete signs shall have the copy removed and replaced with a blank sign face of like material until such time as another use occupies the site and uses the sign, up to a maximum of 12 consecutive months. After 12 months, the sign and structure shall be removed pursuant to subsection A of this section. Intermittent sign usage and incomplete sign usage by temporary site occupants are insufficient to cause a sign to lose its abandoned status.
(Ord. 2000-005 § 2; Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A))
§ 18.58.160 Maintenance.
All signs and sign structures shall be periodically inspected and maintained at a reasonable interval, including replacement of defective parts and wiring, painting, cleaning and other acts required to maintain the sign in a safe and presentable manner. Any sign not maintained in compliance with the intent and requirements of this code shall be deemed to be in violation of this chapter and the administrator shall order its removal.
(Ord. 2000-005 § 2; Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A))
§ 18.58.170 Liability.
This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, building, altering, constructing, removing or moving any sign in the city for damages to anyone injured or damaged either in person or property by any defect or action in this chapter, nor shall the city, or any agent thereof, be held as assuming such liability by reason of permit or inspection authorized in this chapter or a certificate of inspection issued by the city or any of its agents.
(Ord. 2000-005 § 2; Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A))
§ 18.58.180 Constitutionality.
If any section, subsection, sentence, clause, word, or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council declares that it would have passed this code, and each section, subsection, sentence, clause, word, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, words, or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinances or orders shall be in full force and effect.
(Ord. 2011-013 § 1 (Exh. A); Ord. 2012-011 § 1 (Exh. A))