The purpose of this section is to accommodate and promote sign placement consistent with the character and intent of the zoning district, proper sign maintenance, elimination of visual clutter, and creative and innovative sign design. To accomplish this purpose, the posting, displaying, erecting, use, and maintenance of signs within the urban area shall occur in accordance with this chapter.

(Ord. 2274 § 1 (part), 2000)

For the purpose of this chapter, certain abbreviations, terms, phrases, words and derivatives shall be construed as specified herein.

"Abandoned sign" means any sign located on property that is vacant and unoccupied, for a period of six months or more, or any sign which pertains to any occupant, business or event unrelated to the present occupant or use.

"Banner" means any sign of lightweight fabric or similar material that is mounted to a pole or building at one or more edges. National flags, state flags, local flags, or any official flag at an institution or business will not be considered banners.

"Billboards" are "off-premise signs" as defined herein.

"Bona fide tourism destination" means a business, venue, or other attraction that generates tourism and where the tourism generated includes tourists who will travel in excess of one hundred (100) miles with the specific intention of visiting the business, venue, or attraction.

"Canopy sign" means any sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.

"Construction sign" means any sign used to identify the architects, engineers, contractors, or other individuals or firms involved with the construction of a building and to show the design of the building or the purpose for which the building is intended.

"Digital signs" means sign or portion thereof that is visible from a right-of-way and that displays electronic, static images, static graphics or static pictures, with or without textual information, which are created by matrix elements which may include cathode ray tubes (CRTs), light emitting diodes (LEDs), liquid crystals (LCDs), plasma, fiber optics, light bulbs or other illumination devices within the display area, or are created by any reflective, refractive, digital light processing (DLP), holographic, stereoscopic, three dimensional, or any other device, process, product, application of technology, or by the appearance of any of such, within the display area, either alone or in varying combinations with each other or other elements. Digital signs are also known as "electronic messaging centers" or "EMCs".

Directional Sign. See "off-premises directional sign," and "on-premises directional sign." Also see Section 17.08.120.

"Flashing sign" means an electric sign, or a portion thereof, (except changing message centers) which changes light intensity in a sudden transitory burst, or which switches on and off in a constant pattern in which more than one-third of the non-constant light source is off at any one time.

"Freestanding sign" means any sign supported by one or more uprights, poles or braces in or upon the ground.

"Freeway sign" means a freestanding sign designed and placed to attract the attention of freeway traffic. See Section 17.08.060.

"Grand opening sign" means temporary signs, posters, banners, strings of lights, clusters of flags, balloons, or searchlights used to announce the opening of a completely new enterprise or the opening of an enterprise, under new management.

"Official Business Directional Sign" means a sign erected and maintained by the state or an entity authorized by the state to indicate to the traveling public the route and distance to public accommodations or commercial services for the traveling public.

"Off-Premises Sign" means a sign that directs the attention of the public to a business, activity conducted, or product sold or offered at the location not on the same premises where such business sign is located. For purposes of this article, easements and other appurtenances shall be considered to be outside such platted parcel of land and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premises sign.

"Multiple-Building Complex and Multiple-Tenant Building Signs" means a business sign or signs that direct(s) attention to a business, activity conducted, or product sold or offered at locations within a complex having multiple buildings or containing multiple tenants in multiple buildings or in a single structure. Such signs may be located within easements, which permit or are obtained for the purpose of locating such signs. Such signs are not considered off-premises signs so long at they meet the following requirements:

(1)

Location. Multiple-building complex and multiple-tenant building signs can only be located within the city's C-1, C-2, CBD, L-I, W/W and PrC zoning districts, and accessory to a commercial use in the R-3 and R-4; they are not permitted elsewhere.

(2)

Number of Freestanding Signs. Each multiple tenant building or multiple-building complex shall be allowed one freestanding sign on its primary public road frontage. When the road frontage exceeds four hundred (400) feet:

(a)

One additional freestanding sign shall be permitted for each additional four hundred (400) feet of public road frontage or part thereof; or

(b)

A single freestanding sign shall meeting the dimension standards set forth in section 17.08.060 and the general standards found in section 17.08.070 can be erected.

"Permitted off-premises sign" means a sign that is permitted notwithstanding the prohibition against "off-premises signs" as established under this chapter. In order to be classified as a "permitted off-premises sign" the sign must meet all of the conditions set forth in Section 17.08.125.

"Political sign" means a sign advertising a candidate or candidates for public elective offices, or a political party, or a sign urging a particular vote on a public issue decided by ballot.

"Portable sign" means a temporary sign made of wood, metal, plastic, or other durable material which is not attached to the ground or a structure. This definition includes sidewalk, sandwich boards, and portable readerboards (also see "temporary sign").

"Projecting sign" means a sign, other than a wall sign, that is attached to and projects from a structure or building face.

"Real estate sign" means any sign pertaining to the sale, lease, or rental of land or buildings.

"Road sign" means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design. See Section 17.08.090.

"Sign" means any medium, including its structural component parts, which is used or intended to attract attention to the subject matter that identifies, advertises, or promotes an activity, product, service, place, business, or any other thing.

"Sign area" means that area contained within a single continuous perimeter which encloses the entire sign cabinet, but excluding any support or framing structure that does not convey a message.

"Sign cabinet" means the module or background containing the advertising message, but excluding sign supports, architectural framing, or other decorative features which contain no written or advertising copy.

"Sign height" means the vertical distance measured from the grade below the sign or upper surface of the nearest street curb, whichever permits the greatest height, to the highest point of the sign.

"Sign setback" means the horizontal distance from the property line to the nearest edge of the sign cabinet.

"Street frontage" means the length in feet of a property line(s) or lot line(s) bordering a public street. For corner lots, each streetside property line shall be a separate street frontage. The frontage for a single use or development on two or more lots shall be the sum of the individual lot frontages.

"Temporary sign" means any sign, banner, pennant, valance, or advertising display constructed of cloth, paper, canvas, cardboard, or other light non-durable materials and portable signs as defined in this section. Types of displays included in this category are: grand opening, special sales, special event, and garage sale signs. See Section 17.08.110.

"Use identification sign" means a sign used to identify and/or contain information pertaining to a school, church, residential development, or a legal business other than a home occupation in a residential district.

"Wall sign" means any on-premise sign attached to or painted directly on, or erected against and parallel to the wall of a building. See Section 17.08.100.

"Window sign" means any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event sale, or service that is placed inside a window, or upon the window panes, or glass and is visible from the exterior of the window.

(Ord. 2274 § 1 (part), 2000)

(Ord. No. 2675, § 1, 5-24-10; Ord. No. 2764, § 1, 2-13-12; Ord. No. 2982, §§ 1, 2, 1-27-20)

No sign governed by the provisions of this title shall be erected, structurally altered or relocated after the adoption of this title without first receiving a development permit from the building official.

A.

For New Uses. All on-premises signs are accessory uses and shall be subject to the same procedural and review requirements as the principal use. Off-premises signs and billboards are permitted as shown in Section 17.08.130.

B.

For Changes or Replacement of an Existing Sign. Structural changes to, or replacement of, an existing sign requires Class (1) review and approval by the building official.

(Ord. 2274 § 1 (part), 2000)

Except when otherwise prohibited, the following signs are exempt from the application, permit and fee requirements of this title when the standards of this chapter are met:

A.

Window signs;

B.

Point of purchase displays, such as product dispensers;

C.

Gravestones;

D.

Barber poles;

E.

Historical site plaques;

F.

Structures intended for a separate use, such as phone booths;

G.

Goodwill containers, etc.;

H.

Official and legal notices issued by any court, public body, person or officer in performance of a public duty, or in giving any legal notice;

I.

Directional, warning or information signs or structures required or authorized by law, or by federal, state, county, or city authority;

J.

Official flags of the United States of America, states of the United States, counties, municipalities, official flags of foreign nations, and flags of internationally and nationally recognized organizations;

K.

Political signs which, during a campaign, advertise a candidate or candidates for public elective office, a political party, or promote a position on a public issue, provided such signs are removed within fifteen (15) days following the election;

L.

Construction and real estate signs not exceeding thirty-two (32) square feet in sign area;

M.

All temporary signs (see Section 17.08.110), except portable signs;

N.

Church, school, or community center name, and readerboards not exceeding thirty-two (32) square feet in sign area;

O.

Canopy and awning signs;

P.

On-premises signs not readable from the public right-of-way, i.e., menu-boards, etc.;

Q.

On-premises directional signs;

R.

Official public or court notices issued by a government agency, or body, or required or provided for under adopted statute.

(Ord. 2274 § 1 (part), 2000)

The following signs are prohibited:

A.

Signs on any vehicle or trailer that is parked on public or private property and visible from a public right-of-way. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during the normal course of business. This does not include automobile for sale signs or signs attached to franchised buses or taxis;

B.

Signs which, by reason of their size, location, movement, content, coloring or manner of illumination, may be confused with or construed as a traffic control sign, signal or device, or the light of any emergency (police, fire or ambulance) or a utility equipment vehicle, or which obstruct the visibility of any traffic or street sign or signal device. Signs which purport to be, or are in an imitation of, or resemble an official traffic sign or signal, or which bear the words "stop," "caution," "danger," "warning," or similar words;

C.

Signs attached to utility, street light, and traffic-control standard poles;

D.

Swinging projecting signs;

E.

Signs in a dilapidated (having peeling paint, major cracks or holes, and/or loose or dangling materials) or hazardous condition;

F.

Abandoned signs;

G.

Signs on doors, windows, or fire escapes that restrict free ingress or egress;

H.

All off-premises signs are prohibited and no permit shall be granted for the construction of any off-premises signs on or after the effective date of this subsection. Provided, however, that this provision shall not apply to multiple-building complex and multiple-tenant building signs. Provided further that an off-premises sign that meets the conditions to establish a permitted off-premises sign under Section 17.08.125 is not considered a prohibited sign.

I.

Any other sign not meeting the provisions of this chapter.

(Ord. 2274 § 1 (part), 2000)

(Ord. No. 2695, § 2, 5-24-10; Ord. No. 2764, § 2, 2-13-12)

A.

General Requirements. Signs shall be maintained in good order and repair at all times so that they do not constitute any danger or hazard to public safety, and are free of peeling paint, major cracks, and loose and dangling materials. Signs that are not maintained in this manner shall be considered prohibited signs.

B.

Nonconforming Sign Maintenance and Repair. Nothing in this title shall relieve the owner or user of a legal nonconforming sign, or owner of the property on which the nonconforming sign is located, from the provisions of this section regarding safety, maintenance, repair, and/or removal of signs. (See Section 17.08.160.)

(Ord. 2507 § 6, 2006; Ord. 2274 § 1 (part), 2000)

In the C-1, C-2, CBD, L-I, W/W and PrC districts, and accessory to a commercial use in the R-3 and R-4 districts, signs shall be subject to the following standards:

A.

Freestanding, Projecting, and Portable Signs. No sign, or combination of signs, shall exceed one and one-quarter square feet of sign area for each lineal foot of street frontage.

1.

Signs having less than eight feet of ground clearance located within fifteen feet of a driveway, curb cut, or public or private road shall be set back a minimum of ten (10) feet from the public street, as measured from the edge of the sign closest to the street to the face of the curb, or where no curb exists, from the edge of the street;

2.

The allowable sign area for any given street frontage shall be applied only to signs pertaining to that street frontage.

B.

Freeway Signs. Each parcel is permitted one freeway sign in addition to other permitted signs subject to the following:

1.

The parcel must be within one thousand feet of the I-82 right-of-way;

2.

The maximum area of the sign is three hundred (300) square feet.

(Ord. 2274 § 1 (part), 2000)

All signs shall comply with the following provisions:

A.

Construction shall satisfy the requirements of the Uniform Sign Code;

B.

Except for exempt signs, all signs shall be permanently attached to a building or the ground;

C.

Signs attached to a building shall not exceed the height of the building, except under the provisions of Sections 17.08.080 and 17.08.090;

D.

Lighting directed on or internal to any sign shall be shaded, screened or directed so that the light intensity or brightness shall not adversely affect neighboring property or motor vehicle safety;

E.

All signs together with their supports, braces, and guys shall be maintained in a safe and secure manner;

F.

The ratio of the area of the sign support, framing structure, and/or other decorative features which contain no written or advertising copy, to the sign cabinet shall not be greater than 1:1;

G.

A clearview triangle shall be maintained at all driveways and curb cuts for vision safety purposes. (See Section 17.05.040);

H.

No freestanding signs shall be placed in the clearview triangle established in Section 17.05.040 of this title;

I.

Except as otherwise specified, signs are not subject to the structural setback requirements of this title; provided that no posts, supports or sign foundation shall encroach upon public or private road right-of-way;

J.

Sign installation shall conform to the State Electrical Code where applicable.

Any exterior lighting must be shielded and directed away from adjoining streets or residential uses.

(Ord. 2507 §§ 4, 5, 2006; Ord. 2274 § 1 (part), 2000)

Any sign projecting over a public right-of-way shall be subject to the Uniform Sign Code provisions for projecting signs over public right-of-way. No more than one-third of the height of any projecting sign shall exceed the height of the building to which it is attached.

(Ord. 2274 § 1 (part), 2000)

All roof signs shall comply with the following provisions:

A.

Roof signs shall be erected so as to appear, from all sides as a wall sign applied to an existing penthouse, which appears to be a part of the building itself.

B.

Roof signs must not exceed the maximum allowable height of the building within the district in which it is located.

C.

All roof signs shall be installed or erected in such a manner that there is no visual support from the structure.

(Ord. 2274 § 1 (part), 2000)

All wall signs shall conform to the following provisions:

A.

Wall signs may be painted upon, attached flat to, or pinned away from the wall, but shall not project more than twelve (12) inches from the wall.

B.

The number of wall signs is not regulated; provided the total area of the wall sign(s) may not exceed the area of the wall to which the signs are attached.

C.

Wall signs shall not extend above the height of the wall to which the sign is attached.

(Ord. 2274 § 1 (part), 2000)

All temporary signs shall conform to the following:

A.

No temporary sign shall be displayed for more than thirty (30) days at any one time nor more than ninety (90) days during a calendar year.

B.

Only one temporary sign on each street frontage per parcel or lot is permitted.

C.

No temporary sign shall be placed in a required parking space, driveway, or clearview triangle.

D.

No temporary sign may be placed in the public right-of-way or on an easement, unless specifically permitted by the city.

E.

Temporary signs placed on the ground shall be separated from parking and driveway areas by a curb or other barrier.

(Ord. 2274 § 1 (part), 2000)

All sidewalk signs shall conform to the following:

(a)

The business/commercial use has a current and valid business license from the City of Union Gap, and is located in a commercial or industrial zoning district;

(b)

The sign has no movable parts and no electrification;

(c)

A site plan has been filed with the application, which identifies the proposed location of the sidewalk sign and ensures that an area of the sidewalk at least four feet in width is maintained at all times for compliance with the Americans With Disabilities Act of 1990 standards which will not be impeded by the sidewalk sign;

(d)

The sign is removed daily from the sidewalk or right-of-way no later than 10:00 p.m.;

(e)

The sidewalk sign will be placed along the sidewalk frontage of the business. One sign per business is allowed per street frontage of the actual location;

(f)

Sidewalk signs are prohibited from containing any image or picture displayed to the public in any manner that graphically depicts or portrays individuals in a state of dress or undress meeting the definitions of nudity or partial nudity as established in UGMC 8.40.030(13), or which depicts individuals participating in specified sexual activities as described in UGMC 8.40.030(17);

(g)

Sidewalk signs must comply with all provisions of this chapter, including but not limited to application requirements, fees and renewal, liability insurance, appeals and safety compliance.

(h)

The applicant shall file with the community and economic development director or his/her designee evidence of comprehensive public liability insurance, with limits of not less than one million dollars ($1,000,000.00) combined single limit for bodily injury and property damage for business uses, with the City of Union Gap named as an insured party, insuring against liability from injury or damage resulting from applicant's occupancy of or activities on public right-of-way under the permit to be issued, which insurance shall be maintained in effect during the term of the permit.

(Ord. No. 2800, § 1, 11-26-12)

A.

The message rate shall not change at a rate faster than one message every eight seconds, with a transition period of one second or less.

B.

Illumination Limits. The difference between off and solid message measurements using the EMC measurement criteria shall not exceed 0.3 foot-candles (or equivalent) at night.

C.

Dimming Capabilities. All permitted digital signs or EMCs shall be equipped with a sensor or other device that automatically determines the ambient illumination and be programmed to automatically dim according to ambient light conditions to comply with the 0.3 foot-candle measurements. Certification must be provided to the City of Union Gap demonstrating that the sign has been preset to automatically adjust the brightness to these levels. Re-inspection and recalibration may be periodically required by the city in its reasonable discretion, at the permittee's expense, to ensure that the specified brightness levels are maintained at all times.

D.

Digital signs shall have no flashing, or strobe like images.

E.

Zoning, size, location, type and use must conform to all regulations set forth in Chapter 17.08 of this code.

F.

Only one digital sign shall be allowed per one hundred (100) linear feet of street frontage.

G.

All sounds shall be prohibited.

(Ord. No. 2982, § 6, 1-27-20)

In the R-l, R-2, R-3, and R-4 districts the following signs are permitted:

A.

One unlighted sign, not exceeding six square feet in area, pertaining only to the sale, lease, rent, or hire of only the particular building, property, or premises upon which it is displayed;

B.

Externally lighted nameplates, not exceeding four square feet in area, bearing only the name and occupation of the occupant and mounted flush upon the principal building;

C.

Schools, churches, government buildings, hospitals and nursing homes, where permitted, shall be allowed one externally lighted sign not exceeding forty (40) square feet.

(Ord. 2274 § 1 (part), 2000)

(Ord. No. 2982, § 3, 1-27-20)

Editor's note— Ord. No. 2982, § 3, adopted Jan. 27, 2020, renumbered § 17.08.120, signs in residential districts, § 17.08.125, permitted off-premises signs, and § 17.08.130, repair and reconstruction of signs, as §§ 17.08.125, 17.08.130, and 17.08.135, respectively. The historical notes of said sections have been preserved for reference purposes.

(a)

Purpose. It is the desire of the City of Union Gap to stimulate tourism and trade within the City of Union Gap. The City of Union Gap recognizes that some businesses, venues, and attractions within the city not only generate income but that they are also considered tourism destinations. It is, therefore, the desire of the city to make off-premises signs available to such tourism destinations for visibility and directional purposes to further promote and stimulate that tourism subject to conditions set for the in this section.

(b)

Conditions for Permitted Off-Premises Signs.

(1)

An applicant for a permitted off-premises sign must demonstrate that the proposed sign is associated with a bona fide tourism destination to the satisfaction of the community development director.

(2)

To the extent possible, the proposed permitted off-premises signs should be co-located within areas used for city signage, other signs of a directional nature, or signs promoting tourism sites, destinations, and attractions.

(3)

If the applicant for the permitted off-premises sign wishes to obtain additional visibility by placing the proposed sign on city rights of way, city facilities, or other city-owned features, the applicant must provide the city with adequate consideration for the use/occupation of the city facilities. The city must be satisfied that it is receiving adequate consideration in return for the use of its rights of way, facilities, or features for signage. Consideration for such usage can be established where the city is receiving a benefit, to include, but is not limited to, benefits such as city name recognition or the installation of special features to enhance or beautify the city, in conjunction with anticipated increase in sales tax revenues due to tourism activity to be generated.

(4)

The proposed permitted off-premises sign must meet all other applicable development standards established under this chapter. Provided, however, that the city's community development director may deviate from the standards set forth in this chapter to address special or unique circumstances that may arise when considering permitted off-premises signs. Given the nature and purpose of such signs, there may be issues relating to visibility or other factors that should not be strictly applied, so long as any authorized deviations are not considered, in the discretion of the community development director, to be deleterious to the health, safety, and welfare of the public.

(Ord. No. 2764, § 3, 2-13-12; Ord. No. 2982, § 4, 1-27-20)

Editor's note— See editor's note at § 17.08.125.

Should any sign or any off-premises sign (in existence prior to May, 2010) be damaged by acts of God, weather, unintentional harm or negligence, or should any such sign deteriorate due to failure to properly maintain the sign to the point that the cost of repair is greater than fifty (50) percent of its current fair market value, the city shall not grant any permits for the sign to remain or for the reconstruction of the sign. This prohibition does not apply to signs damaged by vandalism or other criminal acts.

(Ord. No. 2675, § 3, 5-24-10; Ord. No. 2982, § 5, 1-27-20)

Editor's note— See editor's note at § 17.08.125.

Any sign allowed under this ordinance may contain any lawful commercial or noncommercial message so long as the message does not direct attention to a business, activity conducted, or product sold or offered at the location not on the same premises where such business sign is located.

(Ord. No. 2675, § 4, 5-24-10)

(a)

This ordinance and its various parts are hereby declared to be severable. If any section, clause, provision on or portion of this ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of either this ordinance as a whole or any parts not declared invalided or unconstitutional.

(b)

Conflict: If any part of this ordinance is found to be in conflict with any other ordinance of the City of Union Gap, the most restrictive or highest standard shall prevail.

(Ord. No. 2675, § 5, 5-24-10)