Skykomish City Zoning Code
CHAPTER 18
50 SIGNS
§ 18.50.010 Purpose.
The purpose of this chapter is to maintain the quality of living and business environments in the town of Skykomish. It is to promote and protect the public welfare, health, safety, and aesthetics by regulating existing and proposed advertising signs. It is intended to enhance and preserve the natural scenic beauty of the town, create a more attractive economic and business climate, and encourage installation of pleasing advertising signs that harmonize with buildings, natural settings, neighborhoods, and other signs. It is intended to reduce signs or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over the public right-of-way, prevent visual pollution, and provide more open space. It is further intended to preserve the distinct historic character and small town quality now enjoyed by both the community and visitors alike. And last, it is to encourage creativity, imagination, diversity, and signs that are both compatible and in scale with the character of the business and residential areas they serve.
(Ord. 433, 2012; Ord. 235 § 4.1, 1995)
§ 18.50.020 Encouragement.
The following are encouraged to meet the intent of this title:
(1)
Consolidated and joint use of signs to avoid their proliferation.
(2)
Signs that are to scale in size and height with the building or premises.
(3)
Signs with shapes, colors, materials, and detail that complement and "fit" into the design of the building and site.
(4)
Signs less than the maximum size where large size is unnecessary for the purpose being served.
(5)
Incidental signs that are designed or of a size to accomplish their intended purpose, but are consistent with the overall design of a building or site and do not result in clutter or confusion.
(6)
Signs which do not obscure or destroy historic or architectural details.
(7)
Coordination of signs on neighboring storefronts and businesses, and especially for those to be placed on the same building.
(Ord. 433, 2012; Ord. 235 § 4.2, 1995)
§ 18.50.030 Definitions.
As used in this chapter, the following words shall have the meanings assigned to them in this section:
(1) "Advertising copy"
means any letters, figures, symbols, logos, trademarks or similar devices which identify or promote the sign user or any product or service, or which provide information about the sign user, the premises, the building, or the products or services available.
(2) "Awnings, fixed"
means a hood or cover projecting from, but not a permanent part of, an exterior wall of a building and supported by that wall, and is held in place with rigid frames and covered with a flexible material.
(3) "Awnings, retractable"
means a hood or cover projecting from, but not a permanent part of, an exterior wall of a building and supported by that wall, and that is collapsible, retractable, or capable of being folded against the face of the supporting building.
(4) "Banner sign"
means a temporary sign made of fabric or a nonrigid material and mounted to allow movement of the sign by weather.
(5) "Canopy"
means a freestanding permanent roof-like structure providing protection from the elements, such as a service station gas pump island.
(6) "Change."
A change of a sign consists of relocating the sign, or replacing 25 percent or more of the advertising and structural material in the sign. Normal maintenance is not a change which requires a permit.
(7) "Changing message sign"
means an electronically or electrically controlled sign where automatic changing messages are shown on the same lamp bank.
(8) "Directional sign"
means a sign which serves solely to designate the direction to or location of any place, area, or business.
(9) "Display sign"
means a case or cabinet or other device having a window of transparent material and which is either freestanding or mounted on the exterior of a building structure.
(10) "Electrical sign"
means a sign or sign fixture in which electrical wiring and connections for fixtures are used as part of the sign.
(11) "Existing sign"
means a sign in existence prior to the enactment of the ordinance codified in this chapter.
(12) "Exterior/wall sign"
means a sign attached to and supported by a wall of a building or structure, with the exposed face of the sign parallel to the wall. Any sign placed behind glass or affixed to a window of a building and located in such a manner as to have an obvious intent to capture interest of persons outside the building shall be considered a wall sign and shall be treated in the same manner.
(13) "Facade"
means the entire building front or the street side wall of a building from the grade of the building to the top of the parapet or eaves and entire width of the building elevation.
(14) "Flashing sign"
means an illuminated sign which changes intensity of lighting and/or switches on and off in a constant pattern or in which lighting is not maintained stationary and constant intensity and color.
(15) "Freestanding sign"
means an exterior sign which is self-supported by use of poles, uprights, or braces in a fixed location, and in or on the ground, and is not attached to a building.
(16) "Frontage"(a) (b) (c)
means:
In a building containing only one business, frontage shall be the width, as defined below, of that side of the building which contains the main public entrance to that business.
In a building containing more than one business, all of which businesses have their main public entrances on the same side, frontage shall be the width, as defined below, of that side of the building which contains those public entrances.
In a building containing more than one business, where those businesses have their main public entrances on more than one side of the building, each such side shall constitute a frontage. Each frontage shall be the width, as defined below, of these sides of the building which contain those public entrances.
(17) "Gas station price sign"
means a sign advertising the price of fuel and containing no other business advertising.
(18) "Grade"
means the elevation as measured at relative ground level in the immediate vicinity of the signs.
(19) "Hanging sign"
means a sign suspended from an awning, canopy, or marquee.
(20) "Identification sign"
means a sign limited to the name, address, and number of a building, institution, or person or activity carried on in the building.
(21) "Illuminated sign"
means a sign designed to give forth an artificial light, or designed to reflect light.
(22) "Illumination, external"
means an exterior lighting source located away from a sign which lights the sign, but is not readily visible.
(23) "Illumination, internal"
means a light source concealed or contained within the structure which becomes visible in darkness through a translucent surface.
(24) "Incidental sign"
means a small information sign indicating goods, services, products, credit cards, hours of operation, or facilities which are available on the premises and is primarily intended for the convenience of the public.
(25) "Joint use sign"
means a sign which is designed and constructed to be used by more than one business.
(26) "Landscaping"
means any material used as a decorative feature such as shrubbery or planting materials, planter boxes, concrete bases, brick work, decorative framing or pole covers, used in conjunction with a sign, which expresses the theme of the sign and related structure but does not contain advertising copy.
(27) "Legal nonconforming sign"(a) (b)
means a sign which:
On the effective date of the ordinance codified in this chapter was lawfully maintained and had been lawfully erected in accordance with the provisions of any prior sign ordinance or code but which sign does not conform to the applicable limitations established in this chapter; or
On or after the effective date of the ordinance codified in this chapter was lawfully maintained and erected in accordance with the provisions of this chapter but which sign, by reason of amendment of the ordinance codified in this chapter after the effective date thereof, does not conform to the applicable limitations established by the amendment of this chapter.
(28) "Marquee"
means a permanent roof or hood structure attached to, supported by, and projecting from a building over the public right-of-way or public place. It provides protection from weather elements, but does not include a projecting roof.
(29) "Neon sign"
means a symbol, logo, or message made of illuminated neon tubing which is used for advertising.
(30) "Nonconforming sign"
means a sign which does not meet or conform to requirements of this chapter.
(31) "Obsolete sign"
means a sign advertising a business no longer conducted or product no longer sold.
(32) "Off-premises sign" or "remote sign"
means a sign which is not located on the property where the business depicted by the sign is located, and which is not directly related to the use or activity operated on the site of the sign.
(33) "Off-premises directional sign"
means a permanently installed sign providing directional information or indicating location of an out-of-town business or service.
(35) "Pole sign"
means an exterior sign which is self-supported by use of a single supporting structure or single pole, in a fixed location, and in or on the ground, and is not attached to a building.
(36) "Portable sign"
means any sign which is designated to be periodically transported either on a vehicle or on its own wheels, and which is not designed to be permanently affixed to the ground or to a structure. The removal of the wheels from such a sign, or the attachment of such a sign temporarily or permanently to the ground or to a structure, does not, by itself, change the inherent portability which was part of the original design of the sign, and does not exempt it from this definition.
(37) "Projecting sign"
means a two-sided sign projecting more than 15 inches from a structure or building which is supported by a wall of the structure.
(38) "Readerboard"
means a sign or part of a sign on which the letters are readily replaceable such that the copy can be changed from time to time at will.
(39) "Roof sign"
means any sign erected over or on the roof of a building.
(40) "Sandwich board"
means two connected sign boards that are not permanently attached to the ground or a structure.
(41) "Sign"
means any communication device, structure, or fixture, illuminated or nonilluminated, which is visible from any public place, and containing advertising, or where the intent or effect is to direct attention to and to promote the sale of products, goods, services, events, or to identify a building. Murals or painted wall designs or patterns which do not identify the user or a commercial product or service shall not be considered signs.
(42) "Sign area"
means the entire area of the structure on which advertising copy is to be placed. It shall include the total height and width of the structure. Sign supporting structures which are part of the sign display shall be included in the area rectangle. Architectural embellishments and decorative features which contain no written or advertising copy shall not be included in determining the sign area. Where a sign is affixed to or otherwise displayed on a structure which is not in itself a sign, such as a wall, marquee, canopy, or awning, the sign area shall be a rectangle formed by the greatest height and width of the advertising copy. For double-faced signs, total sign area shall be calculated by measuring only one face.
(43) "Sign package review"
means a process by which building design, commercial development design, and signs are integrated into one architectural set of plans that are submitted for planning review and/or building permits.
(44) "Thematic flags"
means flags, banners, or pennants relating to or constituting an artistic representation of a noncommercial event.
(45) "Variance"
means an officially approved exception to any of the requirements of this chapter based on a determination that adherence to this chapter would be unreasonable or create an undue hardship.
(46) "Vending machine with internal illumination"
means a machine located outside of a business or premises which stores and dispenses soft drinks, foodstuffs, and other commercial products and whose products are advertised on the exterior machine by advertising copy which is lighted from within and visible at night.
(47) "Width"
means the horizontal distance measured in a straight line between any two corners of a building, exclusive of corners having an angle of greater than 90 degrees.
(48) "Window sign"
means a sign affixed to a window for advertising purposes.
(Ord. 433, 2012; Ord. 235 § 4.3, 1995)
§ 18.50.040 Permits – Procedures and fees.
(1)
No new sign shall be erected or displayed within the town until a permit has been issued for that sign, except for those signs which are declared to be exempt under SMC § 18.50.120. It is intended that a separate permit be issued for every sign located within the town. In the case of joint use signs, each separate business, product, or service displaying advertising copy shall be considered a separate sign.
(2)
Existing signs within the town which comply with the provisions of this chapter shall be issued a no fee permit.
(3)
Existing nonconforming primary signs will be allowed to continue in service and shall become a legal nonconforming sign provided:
(a)
The sign does not endanger the public health, safety or welfare;
(c)
No such sign may be enlarged, changed, moved, or structurally altered in any manner that increases the noncompliance of such sign with the provisions of this chapter;
(d)
When a business or activity containing a legal nonconforming sign changes the type, name or ownership of the business, then such sign shall be brought into conformance with all the provisions of this chapter;
(e)
When a business or activity containing a legal nonconforming sign is enlarged or remodeled to a value of 50 percent or more of the existing value of real property improvements, then such sign must be brought into conformity with this chapter;
(f)
If the sign suffers damage or deterioration of more than 50 percent of its appraised value, then such sign must be brought into conformity with this chapter.
(4)
Existing nonconforming signs other than primary signs shall have 365 days to comply with all provisions of this chapter.
(5)
No sign shall be relocated or structurally altered until a new sign permit has been issued for the change.
(6)
Advertising copy on a sign shall not be changed until a permit has been issued for the change.
(7)
The ownership of a sign shall not be transferred until a new permit has been issued to the new owner(s), and the person to whom the existing permit was issued shall be responsible and liable for the sign until a new permit has been issued to the new owner(s).
(8)
The fee for a sign permit shall be set forth in the administrative fee resolution, except that:
(Ord. 433, 2012; Ord. 235 § 4.4, 1995)
§ 18.50.050 Applications.
(1)
Applications for a sign permit shall be submitted to the town, and shall include such information as the town shall require, including, but not necessarily limited to:
(2)
All applications shall be signed by both the owner of the business which will display the sign and the owner of the property upon which the sign will be located.
(Ord. 433, 2012; Ord. 235 § 4.5, 1995)
§ 18.50.060 Sign package review.
The sign package review has been established to provide for compatibility of signs with both buildings and/or uses where the proposed signs are to be located and other signs that may be installed in the future. It is further intended to ensure consideration for the aesthetics of sign design and placement in the early stages of building and development.
(1)
Plans submitted as part of the sign package review for a proposed new building or development or a remodeling or expansion of use shall include, in addition to information required on sign permit applications, all locations and/or areas where signs will be permanently located.
(2)
The review shall be considered a component of application for a building permit and the corresponding plan review for a building permit, and shall be required for all buildings and development in zones defined in the town of Skykomish comprehensive land use plan.
(Ord. 433, 2012; Ord. 235 § 4.6, 1995)
§ 18.50.070 General requirements – Sign standards and conditions.
(1)
The structure and installation of all signs shall comply with the latest adopted edition of the International Building Code, and with all applicable state, county, and town building and fire codes.
(2)
Awnings, bulletin boards, canopies, display cases, and marquees shall be subject to standards outlined in the latest adopted edition of the International Building Code, and shall require, in addition to a sign permit, a building permit and inspection by the town building official.
(3)
All electrically illuminated signs shall have electrical components, connections, and installations that conform to Underwriters Laboratories specifications, and any and all federal, state, and local regulations.
(4)
All signs, including all of their supports, braces, guys, and anchors, shall be maintained in good repair and in a safe, neat, clean and attractive manner.
(5)
Except for businesses located in commercial and industrial zones, signs shall not display colored lights, nor be internally illuminated.
(6)
The light directed on or internal to any sign shall be shaded, shielded, or directed so that its brightness or glare does not affect the safe vision of drivers or pedestrians to an unreasonable degree. Lighted signs visible from nearby residences shall have a reasonable soft illumination or be shielded in such a way to prevent undue brightness or glare.
(Ord. 433, 2012; Ord. 235 § 4.71, 1995)
§ 18.50.080 General requirements – Sign requirements in commercial and industrial zones.
(1)
Size.
(a)
The maximum total sign area shall not exceed one and one-half square foot of sign area for each linear foot of building frontage. Where the frontage is on more than one street, only the signs computed with the frontage of that street shall face that street.
(b)
In any building occupied by more than one business, the maximum sign area shall be shared by those businesses whose main public entrance is along that frontage.
(c)
The maximum sign area may be divided between projecting, exterior/wall, roof, sandwich, freestanding, and first floor window signs. The total sign area per frontage shall be determined by adding together the area for all types of signs.
(d)
Window signs above the first floor are not included in the maximum sign area of a site, providing the business located above the first floor has no other advertising signs on the premises. The business shall be allowed a maximum area of one square foot of sign area for each lineal foot of the width of the window.
(2)
Number.
(a)
In no event may a business display more than a total of four signs that require a permit.
(b)
Each business shall be allowed one painted window sign in addition to the maximum number of signs and square footage allowed by this chapter for the limited purposes of identifying the business owner, business name, and hours of operation.
(c)
Each business shall be allowed one sandwich board sign in addition to the maximum number of signs allowed by this chapter. This sign shall not exceed six square feet per side and shall be so placed as to not obstruct pedestrian traffic. This sign shall be displayed only during open business hours.
(3)
Location. Signs may be located anywhere on the property or building, subject to the restrictions of this chapter.
(4)
Freestanding, Pole and Roof Signs.
(a)
Shall be discouraged.
(b)
Identical advertising copy must appear on both sides, except for any side of a freestanding, pole, or roof sign which is not visible from a public street.
(c)
The total square foot area of a freestanding sign, pole sign or roof sign shall not exceed 32 square feet.
(d)
A freestanding or pole sign shall not exceed 25 feet in height above the ground level and four feet in width. Sign height is the vertical distance from the highest point to the finished grade at the base of the supports.
(e)
Only one freestanding pole or roof sign shall be allowed per building. The placement of this sign shall be subject to approval by the town who shall review the location for compliance with subsection (4)(f) of this section.
(f)
The placement of freestanding signs or pole signs shall be in such a fashion and location as to not unreasonably obstruct the safe vision of motorists and pedestrians, nor unreasonably obstruct the view of signs of adjacent property owners.
(g)
If a projecting sign is used, no freestanding, pole, or roof sign shall be permitted on the property.
(h)
Each freestanding or pole sign shall have a landscaped area twice the size of the sign area at the base of the sign.
(i)
If more than one business in an area where businesses share the use of a parking lot, structure, parcel, or facility has need of a freestanding or pole sign, all signs shall be located together on the same joint use sign.
(5)
Awnings and Canopies.
(a)
Awnings and canopies covered with translucent material and containing internal illumination shall be considered signs in their entirety.
(b)
Awnings and canopies which by their design features are so conspicuously different from the building to which they are attached or adjacent that their intent or effect is to direct attention to and to promote the sale of products, goods, services, events, or to identify a building shall be considered signs in their entirety.
(c)
Except as provided in subsections (5)(a) and (b) of this section, awnings and canopies shall not be considered signs, except that the area of any awning or canopy which displays advertising copy shall be considered a sign, in which event:
(i)
The sign area shall be determined in accordance with SMC § 18.50.030(42).
(ii)
Advertising copy which appears on any side of an awning or canopy which most nearly parallels the side of the building shall be treated as an exterior/wall sign, and shall be subject to all the requirements of this title which apply to exterior/ wall signs affixed directly to a building, except for the provisions of subsection (8) of this section.
(iii)
Advertising copy which appears on any side of an awning or canopy which is generally perpendicular to the side of the building shall be treated as a projecting sign, and shall be subject to all of the requirements of this title which apply to projecting signs affixed directly to a building. In the event advertising copy appears on two sides of an awning or canopy which are perpendicular to the same wall, those sides shall be considered one projecting sign, except that the provisions of subsection (6)(c) of this section shall not apply.
(6)
Projecting Signs.
(a)
The total square foot area of a projecting sign shall not exceed 18 square feet.
(b)
Identical advertising copy must appear on both sides.
(c)
The distance between the principal faces of any projecting sign shall not exceed 24 inches.
(d)
The horizontal clearance between a projecting sign and the curbline shall not be less than two feet.
(e)
All projecting signs shall be at least eight feet above sidewalks and walkways.
(f)
No projecting signs shall be permitted above the first floor of a building or premises.
(7)
Hanging Signs. Hanging signs shall be treated as exterior/wall signs with the proviso that they shall be at least eight feet above sidewalks and walkways.
(8)
Exterior/Wall Signs. The rear of the sign shall be located not more than six inches from the wall to which it is attached.
(9)
Marquees.
(a)
Advertising copy which appears on any side of a marquee which most nearly parallels the side of the building shall be treated as an exterior/wall sign, and shall be subject to all the requirements of this title which apply to exterior/wall signs affixed directly to a building, except for the provisions of subsection (8) of this section.
(b)
Advertising copy which appears on any side of a marquee which is generally perpendicular to the side of the building shall be treated as a projecting sign, and shall be subject to all of the requirements of this title which apply to projecting signs affixed directly to a building. In the event advertising copy appears on two sides of a marquee which are perpendicular to the same wall, those sides shall be considered one projecting sign, except that the provisions of subsection (6)(c) of this section shall not apply.
(10)
Thematic Flags. Thematic flags may be approved by the town, provided:
(a)
They are associated with a recognized noncommercial event, historic celebration, special event, or festive occasion;
(b)
They are displayed only during the course of the recognized event, celebration, or occasion;
(c)
They are located in such a manner as to not unreasonably interfere with public safety or the rights of the public to the use of public streets and public areas;
(Ord. 433, 2012; Ord. 235 § 4.72, 1995)
§ 18.50.090 Sign requirements in residential areas.
Within any single-family or multifamily areas, signs or nameplates are permitted as follows:
(1)
For each single-family home or duplex house, one nameplate not exceeding a combined area of two square feet for each occupancy shall be allowed. Nameplates shall not be subject to the permit requirements of this chapter.
(2)
For multifamily uses, rooming houses, boarding houses, and bed and breakfast lodging, one identification sign shall be allowed. The sign shall not exceed 16 square feet in area.
(3)
For nonresidential uses, there shall be allowed one identification sign that shall not exceed 16 square feet.
(4)
All signs in these areas shall be placed flat against a building or designed as part of the architectural feature thereof unless they are freestanding or pole signs, in which case they shall not exceed a height of six feet nor project over public property or more than 10 feet beyond the legal setback line.
(Ord. 433, 2012; Ord. 235 § 4.73, 1995)
§ 18.50.100 Sign requirements in the historic commercial zone.
Signage in the historic commercial zone shall comply with all the requirements of SMC § 18.50.070 and 18.50.080 plus the following:
(1)
Sign construction, illumination, and location shall form an integrated statement, harmonious in scale, line and mass, and should blend well with the traditional architectural character of the historic property and/or historic district.
(2)
Sign permit applications must be approved by the historic design committee.
(Ord. 433, 2012; Ord. 235 § 4.74, 1995)
§ 18.50.110 Prohibited signs.
This chapter is intended to be exclusionary. Any sign not specifically listed as permitted shall be prohibited. The following signs are specifically prohibited in all zones:
(1)
Signs that are designed or constructed to move or revolve.
(2)
Permanent signs that are, or include such items as, banners, ribbons, balloons, kites, flags, pennants, streamers, strings of light bulbs, or similar devices. These devices, when not part of any sign, are also prohibited.
(3)
Signs which flash, blink, oscillate or revolve.
(4)
Signs with lighting that may be hazardous to pedestrians or motorists.
(5)
Signs which obscure designated view corridors, vista of landscape, or vision of motorists entering or leaving a street.
(6)
Signs obstructing the vision of public access to a road, street, or alley.
(7)
Signs containing statements, words, or pictures of an obscene, indecent, or immoral character such as would offend public morals or decency.
(8)
Signs which by coloring, shape, wording or location resemble or conflict with traffic control signs or devices.
(9)
Signs placed on or affixed to light poles, telephone poles, natural features, or on lighting or traffic standards.
(10)
All portable signs including portable readerboard signs.
(11)
Signs attached to or placed on a vehicle or trailer parked on public or private property; provided, however, this provision shall not be construed as prohibiting the identification of a firm or its products on a vehicle operating during the normal course of business. Buses and taxis are exempt from this provision.
(12)
Remote or off-premises signs.
(13)
Changing message center signs.
(Ord. 433, 2012; Ord. 235 § 4.75, 1995)
§ 18.50.120 Exemptions.
The following signs are exempt from the permit requirements but shall be subject to all other requirements and prohibitions of this chapter as noted:
(1)
Signs pertaining to special events and/or special sales for products sold within the premises and displayed on permanent bulletin boards, display cases, or interior surfaces of windows, or on the premises of the event shall be considered temporary signs and shall not require a permit providing they do not continually advertise.
(2)
A special event sign may not be displayed for longer than 30 days and shall be removed after termination of the event notwithstanding the 30-day exception. A special event sign displayed on permanent bulletin boards, in display cases, or on interior surfaces of windows may advertise a special event not connected with the premises or site.
(3)
The changing of copy or message on a sign specifically designed for use of changeable copy, such as a theater marquee or bulletin board or display, shall be allowed without a permit.
(4)
Temporary signs to indicate that the premises are for sale or rent. Such signs use terms as "quitting business," "for sale," "inquire within," "for rent," "open house," "sold," and may include a telephone number and insignia. These signs shall not exceed two square feet.
(5)
Signs erected by a public official in the performance of his/her duty on property under the jurisdiction of that official shall be allowed without a permit.
(6)
Campaign political signs are permissible; provided, that such of these signs that relate to a particular election shall be removed no later than five days after the election to which they pertain and do not exceed 32 square feet in area.
(7)
Signs of a public, noncommercial nature including, but not limited to, safety, direction, danger, and no trespassing.
(8)
Traffic signs, traffic control devices, traffic signals, and markings installed by the town are exempt from this chapter.
(9)
Temporary decorations customary for special holidays erected entirely on private property.
(10)
Wall graphics are permissible provided they do not constitute advertising of a business or product normally subject to the provisions for painted signs.
(11)
One temporary construction sign, not exceeding 32 square feet in area.
(12)
Gas stations may install one fuel price sign on a pump island. Fuel price signs shall have no other advertising than type of fuel and price, and shall comply with all other provisions of this chapter.
(13)
Interior window signs, sandwich boards, and painted window signs.
(Ord. 433, 2012; Ord. 417, 2009; Ord. 235 § 4.76, 1995)
§ 18.50.130 Maintenance.
Signs shall be kept current and in good repair. If the town finds that any such sign regulated by this chapter is obsolete, unsafe, or insecure, the owner shall be given written notice of violation.
(1)
If the sign owner fails to remove or alter the sign within 30 days after such notice, that sign shall be removed at the expense of the sign owner and the permit for the sign shall be canceled.
(2)
Any sign which is an immediate peril to persons or property may be removed summarily and without notice.
(3)
The ultimate liability and responsibility for all signs rests with the following three parties: the property owner, the applicant and/or business owner, and the sign installer. These three parties shall be responsible to see that signs are in compliance with this chapter and have received a valid sign permit.
(Ord. 433, 2012; Ord. 235 § 4.77, 1995)