Chapter 16.16
SIGNS*
Sections:
16.16.010 Adoption of Uniform Code.
16.16.015 Definitions.
16.16.016 Section 208 USC amended – “Ground sign” defined.
16.16.017 Section 210 USC amended – “Marquee sign” defined.
16.16.018 Section 212 USC amended – “Pole sign” defined.
16.16.019 Section 213 USC amended – “Roof sign” defined.
16.16.020 Section 214 USC amended – “Sign” defined.
16.16.030 Section 217 USC amended – “Wall sign” defined.
16.16.040 Subsection 303(3) USC amended – Sign restrictions.
16.16.050 Section 304 USC amended – Fees.
16.16.060 Section 305 USC amended – Maintenance.
16.16.070 Subsection 401.6 added to USC – Erector’s name.
16.16.071 Subsections 403.5 and 403.6 USC amended – Design and construction projection and clearance – Projection over alleys – Clearance from streets.
16.16.072 Chapter 5 USC deleted – Fin signs.
16.16.074 Section 602 USC amended – Pole signs design.
16.16.076 Section 603 USC amended – Pole signs projection and clearance.
16.16.078 Section 701 USC amended – Ground signs general.
16.16.080 Section 702 USC amended – Ground signs design.
16.16.081 Section 703 USC amended – Ground signs projection.
16.16.082 Section 802 USC amended – Roof signs design.
16.16.083 Subsection 803.1 USC amended – Roof signs projection and clearance, projection.
16.16.084 Section 902 USC amended – Wall signs design.
16.16.085 Subsections 903.1 and 903.2 USC amended – Wall signs projection and clearance, projection – Thickness.
16.16.086 Section 1002 USC amended – Projecting signs design.
16.16.087 Subsection 1003.1 USC amended – Projecting signs projections and clearance, projection.
16.16.088 Section 1101 USC amended – Combination signs general.
16.16.089 Sections 1102, 1103.1 and 1103.2 USC amended – Combination signs design – Projection and clearance, projection – Projection and clearance, thickness.
16.16.090 Subsection 1302.2 USC deleted.
16.16.100 Section 1401 USC amended – Temporary signs.
16.16.110 Subsection 1402.1 USC deleted.
16.16.120 Subsection 1402.3 USC deleted.
16.16.125 Subsections 402.2 and 402.3 of the USC deleted and amended.
16.16.130 Immoral or obscene advertising prohibited.
16.16.140 Expired advertising sign – Removal – Lien.
16.16.150 Subsection 103.4 USC amended – Violation and penalty.
16.16.155 Subsection 103.3 USC – Board of appeals.
16.16.900 Severability.
*For provisions relating to sign code adoption by reference, see RCW 35.21.180.
16.16.010 Adoption of Uniform Code.
As amended by the provisions of this chapter, the Uniform Sign Code, 1997 Edition, by the International Conference of Building Officials, one copy of which shall be on file in the office of the Lynnwood city clerk, is adopted by this reference. (Ord. 2683 § 6, 2007; Ord. 1900 § 1, 1992; Ord. 1538 § 1, 1986)
16.16.015 Definitions.
A. Section 201 USC Amended. Section 201 of the edition of the Uniform Sign Code adopted by this chapter, entitled “General Definitions,” is amended by adding thereto the following paragraph:
Whenever the term “Code” is used herein, it shall mean the provisions of Chapter 16.16 LMC and the edition of the Uniform Sign Code as adopted by Chapter 16.16 LMC. Whenever the term “City” or “jurisdiction” is used herein, it shall mean the City of Lynnwood. Whenever the term “Building Code” is used in this chapter, it shall mean the International Building Code.
B. Whenever the term “code” is used in this chapter, it shall mean the provisions of this chapter and the provisions of the edition of the Uniform Sign Code as adopted by this chapter. Whenever the term “city” or “jurisdiction” is used in this chapter, it shall mean the city of Lynnwood.
C. Whenever a sign is not defined in this code, its definition shall be per LMC 21.02.665 through 21.02.720 as interpreted by the community development director. (Ord. 2683 § 6, 2007; Ord. 1900 § 2, 1992)
16.16.016 Section 208 USC amended – “Ground sign” defined.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 208 defining “ground sign” and inserting in its place the following wording:
“Ground sign” is a freestanding sign which is not more than 3.5 feet in height and permanently placed in the ground.
(Ord. 2683 § 6, 2007; Ord. 2310 § 3, 2000)
16.16.017 Section 210 USC amended – “Marquee sign” defined.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 210 defining “marquee sign” and inserting in its place the following wording:
“Marquee sign” is a sign placed on, constructed in or attached to a marquee.
(Ord. 2683 § 6, 2007; Ord. 2310 § 4, 2000)
16.16.018 Section 212 USC amended – “Pole sign” defined.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 212 defining “pole sign” and inserting in its place the following wording:
“Pole sign” is any permanent freestanding sign which does not meet the definition of a ground sign, monument sign, internal information sign or incidental sign.
(Ord. 2683 § 6, 2007; Ord. 2310 § 5, 2000)
16.16.019 Section 213 USC amended – “Roof sign” defined.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 213 defining “roof sign” and inserting in its place the following wording:
“Roof sign” is a business sign erected upon or above a roof or a parapet of a building.
(Ord. 2683 § 6, 2007; Ord. 2310 § 6, 2000)
16.16.020 Section 214 USC amended – “Sign” defined.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 214 defining “sign” and inserting in its place the following wording:
“Sign” is any structure, device, object or display used to identify, advertise, direct or attract attention to a business, product, service, activity, place, person, institution or event using words, figures, graphics, symbols, fixtures, colors, illumination or projected images, for example balloons with or without letters or pictorial figures on them.
(Ord. 2683 § 6, 2007; Ord. 2310 § 7, 2000)
16.16.030 Section 217 USC amended – “Wall sign” defined.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 217 defining “wall sign” and inserting in its place the following wording:
“Wall sign” is any business sign painted on, or attached directly to and supported by a wall of a building or structure with the exposed face of the sign generally parallel to the wall.
(Ord. 2683 § 6, 2007; Ord. 2310 § 8, 2000)
16.16.040 Subsection 303(3) USC amended – Sign restrictions.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Subsection 303(3), regarding signs less than six feet above grade, and inserting in its place the following wording:
3. Signs less than three square feet per sign face, if attached to a building below the roof line.
(Ord. 2683 § 6, 2007; Ord. 1990 § 5, 1992; Ord. 1538 § 4, 1986)
16.16.050 Section 304 USC amended – Fees.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 304, entitled “Fees,” and inserting in its place the following wording:
Fees. Fees shall be set forth in a resolution adopted and from time to time amended by the city council.
(Ord. 2683 § 6, 2007; Ord. 1900 § 6, 1992; Ord. 1538 § 5, 1986)
16.16.060 Section 305 USC amended – Maintenance.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 305, entitled “Maintenance,” and inserting in its place the following wording:
305. Maintenance. All signs and sign support structures together with all their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. All signs shall be kept in good repair and maintained in a safe condition and any damage or deterioration including but not limited to missing sign faces, cabinet covers and sign components; damaged structural elements; and rust or peeling paint shall be repaired. The display surface of all signs shall be kept neatly painted or posted at all times. Presently existing signs may not be altered or re-erected unless in conformity with this Code and LMC Title 21. Damaged or deteriorated signs shall be repaired within 30 days of notification by the City.
(Ord. 2683 § 6, 2007; Ord. 2310 § 9, 2000)
16.16.070 Subsection 401.6 added to USC – Erector’s name.
The edition of the Uniform Sign Code adopted by this chapter is amended by adding a new subsection to Section 401 thereof, entitled “General,” to read as follows:
401.6 Erector’s Name. Every sign shall have posted on it the name of the sign erector and date of erection. Such name and date shall be of sufficient size and contrast to be readable from a reasonable distance. Failure to provide such name and date shall be grounds for rejection of the sign by the building official.
(Ord. 2683 § 6, 2007; Ord. 1990 § 8, 1992; Ord. 1538 § 7, 1986)
16.16.071 Subsections 403.5 and 403.6 USC amended – Design and construction projection and clearance – Projection over alleys – Clearance from streets.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Subsections 403.5, entitled “Design and Construction Projection and Clearance – Projection over Alleys” and 403.6, entitled “Clearance from Streets,” and inserting in their place the following wording:
Sec. 403.5 Projection over Alleys. Signs or sign structures shall not project into a public alley.
Sec. 403.6 Clearance from Streets. Signs shall conform to the setbacks from streets set forth in Chapter 21.16 LMC.
(Ord. 2683 § 6, 2007; Ord. 2310 § 10, 2000)
16.16.072 Chapter 5 USC deleted – Fin signs.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Chapter 5, entitled “Fin Signs.” (Ord. 2683 § 6, 2007; Ord. 2310 § 11, 2000)
16.16.074 Section 602 USC amended – Pole signs design.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 602, entitled “Pole Signs Design,” and inserting in its place the following wording:
Sec. 602. Supports for pole signs shall be placed upon private property and shall be securely built, constructed and erected to conform with requirements specified in Chapter 4 and Chapter 21.16 LMC.
(Ord. 2683 § 6, 2007; Ord. 2310 § 12, 2000)
16.16.076 Section 603 USC amended – Pole signs projection and clearance.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 603, entitled “Pole Signs Projection and Clearance,” and inserting in its place the following wording:
Sec. 603. Projection of pole signs shall conform to the requirements of Section 403 and Chapter 21.16 LMC.
(Ord. 2683 § 6, 2007; Ord. 2310 § 13, 2000)
16.16.078 Section 701 USC amended – Ground signs general.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 701, entitled “Ground Signs General,” and inserting in its place the following wording:
Sec. 701. Ground signs may be constructed of materials meeting the requirements of this code, except as provided in Chapter 4 and Chapter 21.16 LMC.
(Ord. 2683 § 6, 2007; Ord. 2310 § 14, 2000)
16.16.080 Section 702 USC amended – Ground signs design.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 702, entitled “Ground Signs Design,” and inserting in its place the following wording:
Sec. 702. Ground Sign Design. Ground signs should be designed in accordance with the requirements specified in Chapter 4 and Chapter 21.16 LMC. Ground signs may be constructed of combustible material.
(Ord. 2683 § 6, 2007; Ord. 2310 § 15, 2000)
16.16.081 Section 703 USC amended – Ground signs projection.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 703, entitled “Ground Signs Projection,” and inserting in its place the following wording:
Sec. 703. Ground signs shall not project beyond the legal setback per Chapter 21.16 LMC.
(Ord. 2683 § 6, 2007; Ord. 2310 § 16, 2000)
16.16.082 Section 802 USC amended – Roof signs design.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 802, entitled “Roof signs design,” and inserting in its place the following wording:
Sec. 802. Roof signs shall be thoroughly secured and anchored to the frame of the building over which they are constructed and erected and shall be designed in accordance with the requirements specified in Chapter 4 and Chapter 21.16 LMC.
(Ord. 2683 § 6, 2007; Ord. 2310 § 17, 2000)
16.16.083 Subsection 803.1 USC amended – Roof signs projection and clearance, projection.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Subsection 803.1, entitled “Roof Signs Projection and Clearance, Projection,” and inserting in its place the following wording:
Sec. 803.1. Projection. Roof signs may not project beyond the legal setback line complying with the requirements specified in Section 403 and Chapter 21.16 LMC.
(Ord. 2683 § 6, 2007; Ord. 2310 § 18, 2000)
16.16.084 Section 902 USC amended – Wall signs design.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 902, entitled “Wall Signs Design,” and inserting in its place the following wording:
Sec. 902. Wall signs shall be designed in conformance with the requirements specified in Chapter 4 and Chapter 21.16 LMC.
(Ord. 2683 § 6, 2007; Ord. 2310 § 19, 2000)
16.16.085 Subsections 903.1 and 903.2 USC amended – Wall signs projection and clearance, projection – Thickness.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Subsections 903.1, entitled “Wall Signs Projection and Clearance Projection,” and 903.2, entitled “Thickness,” and inserting in their place the following wording:
Sec. 903.1. Projection. Wall signs shall not project over public property.
(Ord. 2683 § 6, 2007; Ord. 2310 § 20, 2000)
16.16.086 Section 1002 USC amended – Projecting signs design.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 1002, entitled “Projecting Signs Design,” and inserting in its place the following wording:
Sec. 1002. Projecting signs shall be designed in accordance with the requirements specified in Chapter 4 and Chapter 21.16 LMC.
(Ord. 2683 § 6, 2007; Ord. 2310 § 21, 2000)
16.16.087 Subsection 1003.1 USC amended – Projecting signs projections and clearance, projection.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Subsection 1003.1, entitled “Projecting Signs Projection and Clearance, Projection,” and inserting in its place the following wording:
Sec. 1003.1. Projection. Signs may not project over public property.
(Ord. 2683 § 6, 2007; Ord. 2310 § 22, 2000)
16.16.088 Section 1101 USC amended – Combination signs general.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 1101, entitled “Combination Signs General,” and inserting in its place the following wording:
Sec. 1101. Combination signs shall be constructed of noncombustible materials, except as specified in Chapter 4 and Chapter 21.16 LMC.
The individual requirements of roof, projecting and pole signs shall each be applied to combination signs incorporating any or all of the requirements specified in this chapter and Chapter 21.16 LMC.
(Ord. 2683 § 6, 2007; Ord. 2310 § 23, 2000)
16.16.089 Sections 1102, 1103.1 and 1103.2 USC amended – Combination signs design – Projection and clearance, projection – Projection and clearance, thickness.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 1102, entitled “Combination Signs Design,” Subsection 1103.1, entitled “Projection and Clearance, Projection,” and Subsection 1103.2, entitled “Projection and Clearance, Thickness,” and inserting in its place the following wording:
Sec. 1102. Supports for combination signs shall be placed in or upon private property and shall be securely built, constructed and erected to conform with the requirements specified in Chapter 4 and Chapter 21.16 LMC.
Sec. 1103.1. Projection. Combination signs may not project over public property or beyond a legal setback line as specified in Chapter 21.16 LMC.
(Ord. 2683 § 6, 2007; Ord. 2310 § 24, 2000)
16.16.090 Subsection 1302.2 USC deleted.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Subsection 1302.2, entitled “Erector’s Name.” (Ord. 2683 § 6, 2007; Ord. 1900 § 10, 1992; Ord. 1538 § 9, 1986)
16.16.100 Section 1401 USC amended – Temporary signs.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 1401, entitled “Temporary Signs.” (Ord. 2683 § 6, 2007; Ord. 1959 § 1, 1993; Ord. 1900 § 11, 1992; Ord. 1538 § 10, 1986)
16.16.110 Subsection 1402.1 USC deleted.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Subsection 1402.1 providing an exception for temporary cloth signs. (Ord. 2683 § 6, 2007; Ord. 1900 § 12, 1992; Ord. 1538 § 11, 1986)
16.16.120 Subsection 1402.3 USC deleted.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom the second paragraph of Subsection 1402.3 regarding sign projections and clearance. (Ord. 2683 § 6, 2007; Ord. 1900 § 13, 1992; Ord. 1538 § 12, 1986)
16.16.125 Subsections 402.2 and 402.3 of the USC deleted and amended.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting Subsections 402.2 and 402.3 and inserting in their place the following wording:
Section 402.2 Standards of quality – Standards of quality shall conform to the requirements of the International Building Code as adopted.
Section 402.3 Materials – Materials used in signs and sign structures shall be of the grade and quality as specified in the International Building Code.
(Ord. 2683 § 6, 2007)
16.16.130 Immoral or obscene advertising prohibited.
It is unlawful to display on any outdoor advertising structure or billboard any advertising or advertisement which is immoral or obscene. (Ord. 2683 § 6, 2007; Ord. 1538 § 13, 1986)
16.16.140 Expired advertising sign – Removal – Lien.
A. Any sign now or hereafter existing which no longer advertises a bona fide business conducted or products sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure or property upon which such sign may be found within 10 days after written notification from the building official, and upon failure to comply with such notice within the time specified in such order, the building official is authorized to cause removal of such sign, and any expense incidental thereto shall be paid by the owner of the building or structure to which such sign is attached. In the event of a failure of payment of such expense of removing such sign or structure, the building official shall refuse to grant a permit to the same parties for any sign or structure until such expense and charges have been paid.
B. In the event that any work required to be done by any landowner or violator of this chapter shall not be done such that the city shall be required to perform such work, the city shall be entitled to a lien upon the land upon which the work shall be done and may refuse to permit any further use or occupancy of the subject land until the expenses incurred by the city shall be repaid to it. (Ord. 2683 § 6, 2007; Ord. 1538 § 14, 1986)
16.16.150 Subsection 103.4 USC amended – Violation and penalty.
The edition of the Uniform Sign Code adopted by this chapter is amended by adding to Subsection 103.4 thereof, entitled “Violations,” the following paragraphs:
Any person, firm or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor, and any such person, firm or corporation shall be guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this Code are committed, continued or permitted.
Anyone concerned in the violation or failure to comply with the provisions of this Code, whether directly committing the act or effecting the omission constituting the offense, or aiding or abetting the same, whether present or absent; and anyone who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to violate or fail to comply with the provisions of this Code, is and shall be guilty of a misdemeanor.
Upon conviction of any such misdemeanor, such person, firm, or corporation shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.
(Ord. 2683 § 6, 2007; Ord. 1990 § 14, 1992; Ord. 1538 § 15, 1986)
16.16.155 Subsection 103.3 USC – Board of appeals.
The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Subsection 103.3 entitled “Board of Appeals” and inserting in its place the following wording:
103.3.1 General. The hearing examiner shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code in accordance with Chapter 16.50 LMC.
103.3.2 Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The hearing examiner shall have no authority to waive requirements of this code.
(Ord. 2683 § 6, 2007)
16.16.900 Severability.
If any section, subsection, paragraph, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, paragraph, sentence, clause, phrase or word of this chapter. (Ord. 2683 § 6, 2007; Ord. 1959 § 2, 1993)