Chapter 17.139
SIGNS
Sections:
17.139.010 Purpose.
17.139.020 Applicability.
17.139.030 Adoption by reference.
17.139.040 Definitions and interpretations.
17.139.050 Submittal requirements.
17.139.060 Procedures.
17.139.070 Exemptions.
17.139.075 Prohibited signs.
17.139.080 Approval criteria.
17.139.090 Time limits on sign permit approvals.
17.139.100 Allowability of signs by type and zoning district.
17.139.110 Sign dimensional standards and regulations.
17.139.120 Temporary and portable signs.
17.139.130 Lighting of signs.
17.139.140 Use of landscaping in conjunction with signage.
17.139.150 Nonconforming existing signs.
17.139.160 Compliance with sight distance requirements.
17.139.170 Maintenance and safety.
17.139.180 Exceptions to sign standards and regulations.
17.139.190 Liability.
17.139.200 Violations and enforcement.
17.139.210 Appeals.
17.139.220 Private signage on city-owned property.
17.139.010 Purpose.
A. The city of Battle Ground finds that it is necessary to regulate signs in the city to help assure that the city is a safe and attractive place in which to live and do business. This chapter is found necessary as an exercise of the city’s police and legislative powers to protect the public health and safety as well as to protect the public investment in city streets and public places; and to attract visitors to the city by conserving its natural and manmade beauty. It recognizes and is intended to effectuate the need for a well-maintained and attractive appearance for the community and the need for adequate business identification, advertising and communication.
B. The purposes of this chapter are:
1. To maintain or improve the aesthetic quality of the city of Battle Ground’s residential, commercial and industrial environments;
2. To encourage the effective use of signs as a means of communication in the city;
3. To protect property values;
4. To reduce the need to replace existing signs which might become obscured by unnecessarily large neighboring signs;
5. To provide aesthetic benefits to business districts and the community at large through consistency in style, placement, and scale of signs with buildings, natural settings and other signs;
6. To maintain the city’s ability to attract sources of beneficial economic development and growth;
7. To promote the public health, safety and welfare;
8. To minimize possible adverse effects of signs on abutting or adjacent public and private properties;
9. To prevent the proliferation of signs and sign clutter;
10. To minimize adverse visual safety factors to travelers on public roadways and private areas open to public vehicular traffic;
11. To provide for the safe construction, location, erection and maintenance of signs;
12. To provide for sign-related administration, permitting, fees payment, enforcement and appeal on a fair and consistent basis.
C. It is recognized that the right of a business to identify itself contributes to the economic well-being of the community. This right can be exercised in such a way as to bring great benefit to the public without affecting the welfare of the business. The responsible regulations of signs may in fact improve business opportunity and the effectiveness of individual signs as a result of the increased attractiveness of the city’s environment. (Ord. 04-024 § 45 (part), 2004: Ord. 98-024 § 1 (part), 1998: Ord. 95-769 § 5 (part), 1995)
17.139.020 Applicability.
The provisions of this chapter shall apply to all signs, as defined by BGMC 17.139.040, erected in the city after adoption of the ordinance codified in this chapter, unless specifically exempted pursuant to BGMC 17.139.070. Any sign that lawfully exists at the time of adoption of the ordinance codified in this chapter that does not comply with the provisions of this chapter shall be considered legal and nonconforming, and shall be subject to the provisions of Chapter 17.141 BGMC. (Ord. 04-024 § 45 (part), 2004: Ord. 98-024 § 1 (part), 1998)
17.139.030 Adoption by reference.
A. The city of Battle Ground recognizes the legislatively granted authority of the state of Washington to erect specific information panels and tourist-oriented directional signs on public rights-of-way within the city’s present and future jurisdictional limits controlled by the state of Washington.
The city adopts by reference the following:
1. Chapter 47.36 RCW (Traffic Control Devices):
a. RCW 47.36.005: Definitions;
b. RCW 47.36.300: Supplemental directional signs—Erection by local governments;
c. RCW 47.36.310: Specific information panels—Interstate right-of-way—“Gas,” “Food,” or “Lodging”—Directional information—Individual business signs;
d. RCW 47.36.320: Specific information panels—Tourist-oriented directional signs—Primary and scenic systems rights-of-way—“Gas,” “Food,” “Recreation,” “Lodging”—Directional information—Individual business signs;
e. RCW 47.36.330: Specific information panels—Maximum signs and distance;
f. RCW 47.36.340: Specific information panels—Lodging activity listings;
g. RCW 47.36.350: Specific information panels—Installation time.
B. In addition, the city also adopts all provisions specified in Chapter 468-70 WAC.
C. Pursuant to RCW 35.21.180, the city for the structure and erection of signs adopts the International Building Code as promulgated by the International Code Council and the Washington State Electric Code (or any superseding edition adopted by the city) promulgated by the National Fire Association. Not less than one copy of such codes are to be on file with the city clerk or his or her designee. Compliance with the International Building Code, of the International Code Council, the Washington State adopted Electric Code shall be a prerequisite to the issuance of a sign permit. Appeals from decisions by the planning director or his/her designee under these adopted codes shall be made to the hearing examiner or planning commission following standard appeal procedures for the city of Battle Ground. (Ord. 04-024 § 45 (part), 2004: Ord. 98-024 § 1 (part), 1998)
17.139.040 Definitions and interpretations.
A. Interpretation. In the event that a definition is not listed in this section and is necessary in the interpretation of this chapter, the planning director shall primarily rely upon the general definitions established for this title and secondarily on the definition found in a standard English dictionary. For the purposes of this chapter, the following definitions shall apply:
B. Definitions.
1. “Advertising copy/commercial message” means any letters, figures, symbols, logos or trademarks that promote the sign user or any product or service that provides information about the sign user, the building or the products or services available.
2. “Building” means a roofed and walled structure built for permanent or temporary use. Portions of buildings which are applicable to this chapter are defined as follows:
a. “Building address numbers” mean numbers attached to the building surface for the purpose of identifying the legal street address of a building or structure.
b. “Eave line” means the juncture of the roof, including canopy above the sidewalks and the perimeter wall of the structure.
c. “Facade” means the entire building front, or street wall face, including grade to the top of the parapet or eaves, and the entire width of the building elevation.
d. “Building frontage” means the length of the building wall (face) that is parallel to or oblique to an abutting public street. Building walls that front on interior drives or private streets shall be considered sidewalls for the purpose of calculating the allowable signage area.
e. “Mansard roof” means a sloped roof or roof-like facade architecturally able to be treated as a building wall.
f. “Building marker” means any sign indicating the name of the building and date and incidental information about its construction and shall include, but not be limited to, plaques, tablets or on-building inscriptions.
g. “Parapet” means that part of the wall that extends above the roof. For the purposes of this chapter, the top of the parapet shall be considered the roofline.
h. “Roofline” means the top ridge of a roof or parapet or the top line of a building silhouette.
3. “Emergency repair” means structural repair to a sign face or sign structural support to prevent potential injury to life and/or property.
4. “Street frontage” means the quantifiable amount of land as measured in lineal feet of a property that directly fronts on a public right-of-way or a private street with permitted public access.
5. “Sign structure” means any structure that supports or is capable of supporting any sign that may be either incorporated into the building structure or maintained as a separate entity.
6. “Sign area” means the total area of a sign visible from any one viewpoint or direction excluding the sign support structure, architectural embellishments, or framework which contains no written copy.
7. “Sign” means any communication device, structure, placard or fixture that is visible from any public right-of-way or pedestrian path or sidewalk and is intended to aid in promoting the sale of products, goods, services or events or to identify a building using graphics, letters, figures, symbols, trademarks or written copy. Painted wall designs or patterns that do not represent a product, service or trademark or that do not identify the user are not considered signs; only that part of the design or pattern that cannot be distinguished from the sign shall be considered part of the sign. The different types of signs addressed in this chapter are defined as follows:
a. “Animated sign” means any sign that, by movement or by other method or manner of illumination, flashes on or off, winks, blinks with varying light intensity, shows motion, or creates the illusion of motion or revolves in a manner to create the illusion of being on or off or that rotates or turns. This definition shall include electronic reader board signs.
b. “Banner” means any sign of lightweight fabric or similar material that is permanently mounted to a pole or building by one or more edge. National, state or municipal flags or the official flag of any commercial or noncommercial institution shall not be considered banners.
c. “Directional sign” means a sign that contains specific directional information and whose primary purpose is directional.
d. “External illuminated sign” means any sign that is illuminated by a light source outside of the sign.
e. “Flag” means any fabric or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political, subdivision or commercial or noncommercial institution.
f. “Freestanding” means a sign supported by the structures or supports that are placed on, or anchored in, the ground and that are independent from any building or structure.
g. “Historical sign” means any pre-existing sign that has been designated by the city or the Clark County historic preservation commission or the National Register of Historical Places as having historical significance, merit or interest to the city, the county, the state of Washington or the United States of America.
h. “Incidental sign” means a small nonelectric information sign that is three square feet or less in surface area and pertains to facilities, such as restrooms, telephone, help wanted, hours of operation, parking space designations, including, but not limited to, handicapped or “NO PARKING” signage, entrance/exit, etc. that are available on the premises where the sign occurs, and intended primarily for the convenience of the public while on that premises.
i. “Internal illuminated sign” means an indirect concealed light source that is recessed or contained within any element of a sign.
j. “Marquee sign” means any sign attached in any manner to or made part of a marquee. A marquee sign shall be considered a wall sign for the purpose of calculating sign face square footage.
k. “Message board” means any sign that uses changeable lights or copy.
l. “Monument sign” means a sign and supporting structure which has similar top and bottom dimensions and is constructed as a solid structure or one which gives the appearance of a continuous, nonhollow, unbroken, unfenestrated mass. Further, similar top and bottom dimensions shall mean dimensions which are within ten percent of each other. Monument signs placed in residential areas shall identify the subdivision or development solely, with no off-premises or commercial signage.
m. “Multi-faced sign” means a sign that has advertising copy on two or more opposing sides connected to a singular support structure.
n. “Mural” means a picture-only or picture/print (excluding advertising copy) combination image painted on an exterior wall of a building or structure.
o. “Neon signs” means signs mounted on wall or fascia of a building or structure whose primary constituent parts consist of neon-fabricated and lighted copy.
p. “Noncommercial public service or informational signs” means signs which are not intended to advertise commercial goods, but rather to inform, educate, advise or warn the public on issues or events including but not limited to “No Trespassing,” “No Solicitation” and “No Hunting.”
q. “Off-premises sign” means any sign that advertises an establishment, merchandise, services, goods or entertainment that is sold, produced, manufactured or furnished at a location other than on the property on which the sign is located and that does not relate strictly to the lawful use of the premises on which it is located. Examples include but are not limited to billboards and off-site directional signs. Lawful use is defined as a sign which indicates the business transacted, services rendered, goods sold or produced on the premises, name of the business and/or name of the person, firm or corporation occupying the premises.
r. “On-premises sign” means a sign that carries advertisements or information incidental to a lawful use of the premises on which it is located, including signs indicating the business transacted at, services rendered, goods sold or produced on the premises, or the name of the person, firm or corporation occupying the premises.
s. “Plaque” means a flat plate, slab or disk ornamented or engraved for mounting on an object or structure.
t. “Portable sign” means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to signs to be transported by means of wheels; outdoor menu boards that are removed on a daily basis; signs converted to “A” or “T” frames or “sandwich” board signs that are removed on a daily basis; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless such vehicle is used in the normal day-to-day operations of the business and is mobile and nonstationary.
u. “Private signs on public property” means any private sign installed or placed on public property without previous authorization from the planning director or his/her designee.
v. “Projecting sign” means a sign that is affixed to a building or wall and projects horizontally from the surface of such a building or wall face further than eighteen inches.
w. “Sidewalk sign” means a portable sign, typically in the shape of an inverted V, with two sign boards attached to each other at the top of the sign; also known as a sandwich board or A-frame sign. Each board shall be considered a separate sign face for purposes of determining allowable area of sign.
x. “Single-faced sign” means a sign with copy on one face only.
y. “Street banner sign” means a banner sign suspended above the city right-of-way that advertises a specific event or holiday fair, erected for a temporary basis only and only for nonprofit or community-wide events.
z. “Temporary sign” means any sign or advertising display constructed of cloth, wood, canvas, light fabric, paper or other light materials with or without frames intended to be displayed for a limited time only as determined by the planning director, and not permanently mounted. Temporary signs include special event signs that advertise civic events such as street fairs, community festivals, parades, farmer’s markets, charity benefits, signs attached to external window surfaces and that are readily removable, lettering or symbols painted directly onto or flush-mounted magnetically onto an operable vehicle, garage sale signs, pennants, reasonable temporary and seasonable decorations, signs sandwich boards, construction signs, election-oriented political signs and new business/location signs, or other such similar signs as determined by the planning director.
aa. “Trivision sign” means a sign having a series of three-sided rotating slats arranged side-by-side, either horizontally or vertically, which are rotated by an electric-mechanical process, capable of displaying a total of three separate and distinct messages, one message at a time. The rotation of one sign face to another sign face shall be no more frequent than every eight seconds and the actual rotation process shall be accomplished in four seconds or less. These types of signs shall contain a default mechanism that will stop the sign in one position should a malfunction occur. The size of a trivision sign shall be in conformance with city standards for allowable forms of signage.
bb. “Wall sign” means a sign attached or erected parallel to and not extending more than eighteen inches from the facade or face of any building to which it is attached and supported throughout its entire length with the exposed face of the sign parallel to the plane of the wall or facade. Signs on awnings, roofs, exterior windows and murals that include copy will be regulated as wall signs. (Ord. 04-024 § 45 (part), 2004: Ord. 98-024 § 1 (part), 1998)
17.139.050 Submittal requirements.
Applications for sign permits shall be made to the Battle Ground planning department on a form provided by the city. Such applications shall require:
A. Name, address, telephone number and fax number, if applicable, of the applicant or authorized agent;
B. Name, address, telephone number and fax number of the legal owner of record of the property upon which the sign is proposed to be located if the applicant is not the owner of such property;
C. A written letter of authorization from the property owner if other than the applicant indicating knowledge of the applicant’s intent to submit a sign permit application and a statement of authorization that the applicant is allowed by the property owner to seek sign permit approval for and install a sign on the property;
D. Street address (if available), tax lot number, Clark County assessor’s serial number and acreage of the subject property upon which the sign is proposed to be located;
E. The following information shall be specified on the plans or in an accompanying written statement:
1. Type of sign to be installed per the signage types identified in this chapter,
2. Type of structural support for the sign,
3. Proposed height of the sign,
4. Proposed sign face area of the sign, and
5. Proposed method of illumination of the sign;
F. A to-scale site plan at a minimum size of eleven inches by seventeen inches with a minimum scale of one inch equals twenty feet with a north arrow and graphic scale and the date of the plan indicating the following:
1. The property dimensions of the subject property,
2. The proposed location of the sign(s) with sign dimensions indicated,
3. Total existing on-site development including buildings, parking, landscaping and walkways,
4. Existing or proposed and known public rights-of-way or private streets with permitted public access abutting the site specifying the full and half-width right-of-way dimensions, and
5. Dimensioned sight distance triangles indicating compliance with BGMC 12.116.220 or as modified by the Battle Ground city council;
G. One reproducible copy of the submitted to-scale site plan (minimum size equals eight and one-half by eleven inches; maximum size is eleven by seventeen inches);
H. Landscaping around a sign is optional unless otherwise required by code. If landscaping is proposed, submit information on the location and extent of the landscaping, type of vegetation and methods of irrigation, if any;
I. If the sign is proposed to be lighted, lighting details including type of lighting fixture, method of shielding, amount of wattage, display pattern on sign face area, and exterior lighting arm design (if applicable) shall be provided in written and/or specified on the plans including evidence certifying that the proposed lighting of the sign complies with BGMC 17.131.100 (or as amended);
J. The valuation of the sign;
K. Specifications and scaled elevation drawings indicating the materials, design, dimensions, and structural supports of the proposed sign unless already indicated on the submitted plans;
L. Any applicant for a sidewalk sign permit shall be required to sign a hold harmless/identification agreement and shall provide evidence that the applicant maintains liability insurance in an amount as required by the planning official naming the city of Battle Ground as an additional insured. Said coverage shall not be canceled or modified without a thirty calendar days’ prior written notice to the planning official. Failure to maintain such insurance coverage shall result in revocation of the permit;
M. An application fee as set by the Battle Ground city council. (Ord. 04-024 § 45 (part), 2004: Ord. 98-024 § 1 (part), 1998)
17.139.060 Procedures.
A. Signs shall be processed as a Type I land use action, as provided for in Chapter 17.200 BGMC.
B. All sign permit applications shall be subject, in addition to all reviews provided for in this code, to SEPA reviews and other land use building permit related reviews whenever required. (Ord. 04-024 § 45 (part), 2004: Ord. 98-024 § 1 (part), 1998)
17.139.070 Exemptions.
The following signs are exempt from the permitting requirements of this chapter; provided, that all applicable standards are met:
A. All signage located inside of a building shall not be regulated except for reasons of public health and safety and home occupation signage.
B. All copy, new or proposed changes of, that does not result in a physical alteration to the structure of signs shall be exempt from this chapter.
C. Flags of a government or noncommercial instituition.
D. Banners that do not contain commercial advertising copy.
E. Building address ID numbers.
F. Garage sale signs for seven days or less.
G. Murals that do not contain advertising copy painted on the exterior wall of a building or structure.
H. Nongovernmental and/or noninstitutional flags used for celebration of holidays or special events shall be exempt from the provisions of this chapter; provided, that they are removed within seven calendar days of the cessation of the holiday celebration or special event.
I. Noncommercial public service or informational signs, official public notices, official court notices or official police or fire department notices.
J. Plaques, tablets or inscriptions for buildings.
K. Reasonable temporary decorations and signs for the purpose of announcing or promoting a nonprofit sponsored community fair, festival or event.
L. Reasonable seasonal decorations.
M. Sandwich board signs worn or carried along public ways.
N. Signs related to trespassing, solicitation or hunting.
O. Signs required by law.
P. Signage required by the Americans with Disabilities Act.
Q. Temporary signs.
R. Traffic control signs or signals or signs in public rights-of-way erected by public official. (Ord. 04-024 § 45 (part), 2004: Ord. 98-024 § 1 (part), 1998)
17.139.075 Prohibited signs.
The following signs are prohibited in all areas of the city:
A. Off-premises signs.
B. Abandoned signs.
C. Animated signs.
D. Single pole mounted signs.
E. Damaged signs or supporting structure.
F. Signs on roofs or above eaves.
G. Signs attached to utility poles, public traffic signs, trees, rocks, or other natural features.
H. Signs attached to benches along public rights-of-way.
I. Signs containing unwarranted and offensive content.
J. Signs emitting pollutants (i.e., smoke, sound, or other pollutant).
K. Billboards.
L. Signs resembling official traffic-control devices.
M. Signs that do not meet site distance requirements.
N. Signs or banners attached to fencing; provided, that temporary banners are exempt.
O. Signs which do not conform in structure or material to applicable building codes.
P. Garage sale signs that are posted for more than seven calendar days.
Q. Roof-mounted signs.
R. Rotating signs.
S. Trivision signs.
T. Any sign not specifically addressed in this chapter shall be prohibited unless otherwise provided by other law.
U. The flying or displaying of more than one of the same types of flags, for the purpose of attracting attention to a business or establishment, shall be prohibited. (Ord. 04-024 § 45 (part), 2004)
17.139.080 Approval criteria.
No signs shall be installed, constructed or erected within the city prior to obtaining a sign permit pursuant to this chapter and meeting the following criteria:
A. All signs shall provide evidence of compliance with this chapter, the Uniform Building Code, Uniform Sign Code, and other applicable state and/or federal regulations concerning signs prior to installation and uses. Any sign over six feet in height is required to receive building permit approval.
B. All signs except for temporary or portable recognized by this chapter shall be permanently attached to the ground, to a building or another structure by direct attachment to a rigid wall, frame or structure.
C. All temporary or portable signs shall be continuously located outside of the public right-of-way.
D. All legally installed and operated signs shall be maintained at all times in good structural condition. (Ord. 04-024 § 45 (part), 2004: Ord. 98-024 § 1 (part), 1998)
17.139.090 Time limits on sign permit approvals.
A. Every sign permit issued by the planning director or his/her designee shall become invalid if work is not completed within one hundred eighty calendar days of permit issuance.
B. The planning director shall have the authority to issue a one hundred eighty-day written extension of an approved sign permit if such a request is submitted by the applicant in writing at least thirty days prior to expiration of the sign permit.
C. Emergency structural repair necessary to protect life or property may be initiated and completed without first applying for a permit. However, a permit shall be applied for within forty-eight hours after the first working day when and if significant structural repair work has commenced on the sign. (Ord. 04-024 § 45 (part), 2004: Ord. 98-024 § 1 (part), 1998)
17.139.100 Allowability of signs by type and zoning district.
The following table specifies whether signs are permitted, permitted with conditions, not permitted or exempted in the city’s existing zoning designations:
|
Abbreviation |
Descripton |
Abbreviation |
Description |
|
E |
Exempt |
RCC |
Regional Center Commercial |
|
X |
Prohibited |
CC |
Community Commercial |
|
P |
Permitted |
DC |
Downtown Commercial |
|
PC |
Permitted with Conditions |
EC |
Employment Campus |
|
|
|
NC |
Neighborhood Commercial |
|
|
|
MU-E |
Mixed Use Employment |
|
|
|
MU-R |
Mixed Use Residential |
|
|
|
ML |
Light Industrial |
|
|
|
A |
Airpark |
|
Sign Types |
Zoning Districts |
||||||||||
|
R3-R7 |
R10-20 |
RCC |
CC |
DC |
EC |
NC |
MU-E |
MU-R |
ML |
A |
|
|
Back lit/internally lit signs |
X |
X |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
Canopy |
X |
X |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
Directional sign |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
Direct painted lettering/symbols flush mounted on vehicles |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
Externally illuminated signs |
X |
X |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
Exterior window |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
Freestanding sign in conformance with BGMC 17.139.110 |
X |
X |
P |
P |
P |
P |
P |
P |
P |
P |
X |
|
Home occupation signs |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
Incidental signs |
X |
X |
E |
E |
E |
E |
E |
E |
E |
E |
E |
|
Logos |
X |
X |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
Marquee |
X |
X |
P |
P |
P |
P |
P |
P |
P |
P |
P |
|
Monument |
P |
P |
P |
P |
P |
P |
|||||