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ORDINANCE NO. 2249
AN ORDINANCE relating to zoning and signs; establishing Chapter 17.50,
Signs; amending Sections 17.08.045, 17.08.445 and 17.20.010; and repealing
Chapter 17.34 of the Port Townsend Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES ORDAIN AS
FOLLOWS:
Section 1. A new Chapter 17.50 is hereby added to the Port Townsend Municipal Code to
read as follows:
Sections:
17.50.010
17.50.030
ARTICLE I.
Statement of purpose.
ARTICLE II.
Definitions.
Chapter 17.50
Signs
STATEMENT OF PURPOSE
DEFINITIONS
17.50.040
17.50.050
17.50.055
17.50.060
17.50.065
17.50.070
17.50.075
17.50.080
ARTICLE III. REGULATIONS
General provisions.
Commercial historic districts.
Residential Districts (R-I, R-IA, R-II, & R-III).
Commercial Business and Public Use Districts (C-I, C-II, C-III, and P-I zones),
except where within historic districts.
Industrial Districts (M-I & M-II).
Exemptions.
Special Exemption--Grand Opening Signs.
Prohibited signs.
ARTICLE IV. SPECIAL CATEGORY SIGNS
17.50.090 Special category signs.
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17.50.100
17.50.110
17.50.120
17.50.130
ARTICLE V. PERMIT REQUIREMENTS
Permit--Required.
Permit--Application.
Permit--Fees and approval.
Permit--Identification.
ARTICLE VI. ADMINISTRATION AND ENFORCEMENT
17.50.140
17.50.150
17.50.160
17.50.170
17.50.180
17.50.190
17.50.200
Variances.
Interpretations.
Enforcing official--Powers and duties.
Removal of signs.
Nonconforming signs.
Liability.
Violation--Penalty.
ARTICLE I. STATEMENT OF PURPOSE
17.50.010 Statement of purpose. A. The City Council finds that it is necessary to
regulate signs in the City of Port Townsend to help assure that Port Townsend is a safe and
attractive place in which to live and to do business.
consideration
Measures taken in this chapter to achieve this purpose reflect the City Council's
of.'
the vantage points of pedestrians, motorists, cyclists, visitors, residents, and
occupants of homes, shops, other buildings; and real property;
safety through care in placement, sizing and illumination of signs so as to avoid
visual clutter, distraction or obstruction of vision of pedestrians and motorists, or
obstruction of rights-of-way;
communication between businesses, organizations and the general public;
economy for those erecting signs, or maintaining or modifying already-existing
signs, through care in specifying style and construction; by reducing the need to
replace signs which might become obscured by unnecessarily large neighboring
signs; by providing adequate time to replace signs which do not comply with the
new standards; by protecting property values; and by preserving the community
character which attracts visitors and new residents, and sustains business
development;
aesthetic benefits to business districts and the community at large through
consistency in style, placement, and scale and harmony of signs with buildings,
natural settings and other signs;
compatibility of signs with the architectural and historical qualities of Port
Townsend;
general public health, safety and welfare; and
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· fair and consistent enforcement of these sign regulations.
C. The people of Port Townsend are proud of its national historic district. Our
national government declared Fort Worden and the district as two of the few National
Landmarks in the state of Washington. The National Trust for Historic Preservation has assisted
the city with a sign provision for the historic district. Specific guidelines for signs were included
in the Field Report on the Water Street Historic District, National Trust for Historic
Preservation, 1974. The City Council finds that special sign regulations are required to preserve
and reflect the historic character of the historic district.
D. The City Council intends that to the fullest extent authorized by Chapter 47.24
RCW, now or as hereafter amended, the provisions of this chapter shall also govern within any
street, bridge or wharf which also forms a part of any state highway in the City of Port
Townsend. In addition, the provisions of RCW 47.42, the Highway Advertising Control Act--
Scenic Vistas Act, now or as hereafter amended, shall not authorize erection of any sign
contrary to the provisions of this chapter.
ARTICLE II. DEFINITIONS
17.50.030 Definitions. For the purpose of this chapter, the following definitions shall
apply:
1, "AbandOned sign" means a sign that no longer correctly identifies, exhorts, or
advertises any person, business, lessor, lessee owner, product, or activity conducted or available
on or off the premises on which such sign is located.
2. "Advertising" means any display of letters, numerals, characters, words, symbols,
emblems, illustrations, objects or registered trademarks which serve to call the attention of the
public to products, services, businesses, buildings, premises, events, candidates or ballot
propositions.
3. "Awning sign"--See "Canopy sign."
4. "Banner, decorative" means an object made of multi-colored cloth, fabric or
similar flexible material which displays abstract or representational forms and which is
completely devoid of letters, numbers, words or advertising. Streamers shall not be considered
decorative banners.
5. "Banner sign" means any sign intended to be hung, with or without framing, and
possessing characters, letters, symbols, emblems, trademarks, illustrations, or ornamentations
applied to fabric or similar flexible material. Flags, decorative banners, canopy signs, and
temporary signs, treated elsewhere in this chapter, shall not be considered banner signs.
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6. "Bench sign" means a sign located on any part of the surface of a bench or seat
placed on or visible from a public right-of-way.
7. "Billboard sign" means any outdoor sign containing advertising which is not
related to any use or activity on the premises on which the sign is located, but not including
directional signs as defined in this chapter.
8. "Building, primary" means a fully enclosed and roofed structure, or portion
thereof in separate ownership, which houses the primary uses of at least one business, residence
or other establishment. Accessory buildings or outbuildings are not included in this definition.
9. "Canopy" means a temporary or fixed shelter supported entirely from the exterior
wall of a building without other means of support to the ground. For the purposes of this
chapter, "canopy" shall include "awning."
10. "Canopy sign" means any sign erected upon or against a canopy or awning.
11. "Commemorative plaque" means a memorial plaque, sign, plate or tablet which
is permanently affixed to or near the structure, object or event it is intended to commemorate
and which displays no advertising. · ~
12. "Community event sign" means an informational or directional sign pertaining
exclusively to a specific upcoming everlt sponsored by a governmental entity or non-profit
organization.
13. "Construction sign" means a sign which is temporarily erected on premises
undergoing construction and which identifies the architect, engineers, contractors, suppliers or
other individuals or firms involved with the construction, or announces the character of the
building or enterprise.
14. "Directional sign" means a sign which contains specific directional information
and contains no advertising.
15.
designee.
"Director" means the Director of Planning and Building of the City or his/her
16. "Directory sign" means a sign which displays exclusively the names, logos and
locations of occupants or uses of a building or complex; which includes, but may not be limited
to, signs for office buildings, church directories and signs for malls, arcades, and similar
commercial buildings. No advertising other than the name, logo and locations of occupants or
uses is included.
17. "Flag" means the officially-recognized symbol of a government jurisdiction
displayed on cloth or similar flexible fabric.
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18. "Flashing sign" means a sign or a portion thereof which changes light intensity
or switches on and off in a repetitive pattern, or uses electrical energy to provide motion or the
optical illusion of motion.
19. "Freestanding sign" means a sign which is supported by uprights or braces
connected permanently to the ground and which is not connected to a building. (See "Pole
sign").
20. "Grade" means the average elevation of the ground surface immediately below
the sign after construction, exclusive of any filling, berming, mounding or excavating solely for
the purpose of locating the sign. In cases in which the grade cannot reasonably be determined,
sign height shall be equal to the elevation of the nearest point of the crown of a public street or
the grade of the land at the main entry to the principal building, whichever is lower.
21. "Grand opening" means the celebration or promotional period beginning on or
shortly after the date when a new, permanent business or use is open for business in a
permanent, fixed building. Grand opening events must be related to: opening of a new
business; a change of business location; construction of a new business structure; major
remodelling or expansion valued at $50,000 or more; change of ownership; or change of name.
22. "Historic district" means that area within the City of Port Townsend nominated
to the National Register of Historic Places on April 19, 1976, the boundaries of which axe
described as:
Beginning at Port Townsend Bay in a northwesterly direction co-linear with Polk
Street and continuing to the edge of the bluff along Water Street, then following
the bluff toward the southwest to the vacated Scott Street right-of-way, along that
vacated right-of-way to its intersection with Jefferson Street, southwest along
Jefferson one-half block then 90 degrees to the northwest along a line parallel to
Scott Street continuing to Lawrence Street, northeast along Lawrence to Walker
Street, northwest along Walker to Blaine Street, northeast along Blaine to Van
Buren Street, southeast along Van Buren to Garfield Street, northeast along
Garfield to Harrison Street, northwest along Harrison to Chestnut Street, north
along Chestnut to F Street, east along F to Oak Street, north along Oak to Taft
Street, along Taft to a point mid-block between Adams and Quincy Streets, then
90 degrees to the northwest along a line parallel to Quincy then 90 degrees to the
northeast taking in the property at the west corner of Quincy and Taft Streets,
returning along Quincy to Taft and continuing along Taft Street northeast to
Admiralty Inlet.
23.
"Illuminated sign" means any sign illuminated in any manner by an artificial light
24. "Incidental sign" means a small, non-illuminated information sign two square feet
or less in area which pertains to goods, products, services or facilities which are available on
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the premises where the sign occurs, and intended primarily for the convenience of the public
while on such premises.
25. Lighting, indirect. "Indirect lighting" means a light source separated from the
sign surface and illuminating the sign surface by means of spotlights or similar fixtures.
26. Lighting, internal. "Internal lighting" means an indirect, concealed light source
which is recessed or contained within any element of a sign.
27. Lighting, neon. "Neon lighting" means lettering, numerals, symbols, logos,
emblems or illustrations which are directly visible and are constructed of and illuminated solely
by glass tubes filled by neon gas or equivalent light emitting gaseous elements.
28. "Main entry" means the entrance from outdoors into a primary building through
which most customers or other visitors pass or are expected to pass. Each primary building
shall be considered to have no more than one main entry, excepting a multiple-business complex,
in which case each physically separate business which has no internal passageway to any other
business premises shall be considered to have one main entry.
29. "Marquee" means a permanent structure attached to and supported by the building
and projecting over public or private property.
30. "Monument sign" means a ground-related, freestanding sign which is attached to
the ground or to its base on grade by a solid sign structure and which structure extends from the
ground or base to the sign face at the same or greater width as the sign face. For example, a
monument sign might look like this:
31. "Multiple-business complex" means a group of structures housing at least two
separate businesses or agencies, or a single structure containing more than one business with
separating walls and at least one outside access for each business which shares a common lot,
access and/or parking facility.
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32. "Multiple-tenant building" means a single structure housing more than one
business or agency which does not incorporate a separate outside access for each enterprise, but
not including residential apartment buildings.
33. "Mural sign" means a wall sign which consists exclusively of paint applied to the
Wall of a building without application of any other material or framing.
34. "Nonconforming sign" means any sign in existence within the city on the date of
adoption of the ordinance codified in this chapter, or located in an area annexed to the City
thereafter, which does not conform with the provisions of this chapter, but which did conform
to all applicable laws in effect on the date the sign was originally erected; provided, however,
that any such sign which is within 120 percent of the area and height dimensional limitations set
forth in this ordinance and otherwise fully conforms with this ordinance shall be deemed a
conforming sign.
35. "Off-premises sign" means a sign relating, through its message and content, to
an activity, use, product, or service which is not available on the premises on which the sign
is erected.
36. "Pole sign" means any freestanding sign composed of a sign cabinet, backboard,
frame or base and the sign pole, or pylon by which it connects to the ground.
37. "Political sign" means any sign which serves to influence, is intended to
influence, or appears to be of the type which is commonly erected to influence an election or
ballot proposition.
38. "Portable sign" means any moveable sign, such as a sandwich board sign, which
is capable of being moved easily and is not permanently affixed to the ground or a structure or
building.
39. "Premises" means the real property on which the business or other entity
advertised by the sign or signs mentioned in this chapter is situated.
40. "Projecting sign" means a sign which is attached to and projects from a structure,
wall or building face further than six (6) inches.
41. ',Readerboard" means that portion of a sign on which copy may be easily changed
by manual/mechanical means or by lighting effects without reworking, repainting, or otherwise
altering the physical composition of the sign.
42. "Real estate sign" means a portable or freestanding sign erected by the owner, or
his/her agent, advertising the real estate upon which the sign is located for rent, lease or sale,
or one directing to such property.
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pattern.
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"Revolving sign" means a sign which rotates or turns in motion in a circular
"Roof sign" means a sign erected upon or above a roof of a building or structure.
"Sandwich board sign'--See "Portable sign."
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46. "Sign" means any object, structure or portion thereof, other than a flag or
government symbol, which contains advertizing and which is visible from any right-of-Way open
to the public.
47. "Sign Area" means the entire area of a sign on which the copy is to be placed
including both sides of a double-faced sign. Sign areas shall be calculated by measuring the area
of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the
extreme limits of the advertising copy, together with any material or color forming an integral
pan of the background of the display or used to differentiate the sign from the backdrop or
structure against which it is placed, but not including any supportive framework, bracing,
architectural embellishments or decorative features or fences or walls which contain no written
copy or other advertising and when any such fences or walls otherwise meet the requirements
of this Title and are clearly incidental to the display itself.
48.
advertising.
'Sign face" means any surface of a sign upon which there is lettering or other
49. 'Sign height" means the vertical distance from grade to the highest point of a sign
or any projection thereof.
50. "Sign structure" means any structure which supports or is capable of supporting
any sign as defined in this chapter. A sign structure may be a pole or poles, or may be an
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integral part of a building. Structures which perform a separate use, such as a telephone booth,
bus shelter, recycling or used goods container, etc., shall not be considered a sign structure.
51. "Streamer" means an attention-attracting device consisting of two or more
pennants, banners, balloons, ribbons, reflectors, fringes or similar objects strung together on a
common line, pole, or sign structure, or attached to one or more products offered for sale.
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52. "Street" means a public or private way open to me generat put>ac ~ncluding all
classes of roadways excepting alleys and driveways and including major internal circulation
corridors within parking lots.
53. "Street frontage" means a side of a building which contains an entrance open for
public use and which side also faces an abutting street.
54. "Street frontage, primary" means the lineal length of the street frontage on which
the main entry is located; provided that, in the event the main entry is located on a corner of the
building or on a side other than a side which abuts a more heavily travelled street, primary street
frontage shall be determined as if the main entry were on the side which abuts the more heavily
travelled street.
55. "Symbol sign" means a projecting sign consisting exclusively of a symbol, picture
or object which represents the specific products or services available on the premises, and which
sign does not include any lettering, numerals or registered trademarks.
56. "Temporary sign" means any sign or advertising display constructed of cloth,
canvas, light fabric, paper, cardboard, or other light materials, without frames, which is
displayed for a limited time only. Residential yard signs and signs painted on window surfaces
which are readily removed by washing shall also be considered temporary signs.
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57. "Trailer sign" means a sign used for advertising purposes mounted on a vehicle
normally licensed by the state of Washington as a trailer.
58. "Wall sign" means a sign which is attached parallel to, and within six (6) inches
of, a wall, which is supported by and confined within the limits of such wall, and which displays
only one sign surface.
59. "Window sign" means a sign placed upon the interior or exterior surface of a
window, or placed inside the window within three feet of the window, Which faces the outside
and which is intended to be seen primarily from the exterior.
ARTICLE II. REGULATIONS
17.50.040 General provisions. The following provisions shall apply to all zoning
districts and to all signs regulated by this chapter, subject howeVer to the specific regulations in
each zoning district:
A. No sign shall be erected, caused to be erected, or allowed to remain erected
except in compliance with all the regulations established in this chapter. No owner or lessee
of any real property located within the corporate limits of the City of Port Townsend shall
knowingly allow any sign to be erected on any such property in violation of the provisions of
this chapter. No person shall take, any action intending to, or having the effect of,
circumventing the purpose and intent of this chapter.
B. Signs subject to design review as provided in this Title must obtain approval of
the Historic Preservation Commission before a sign permit may be issued.
C. Safe and Secure Installation. Signs, sign structures and bracing systems shall be
designed and constructed to support the weight of the sign and the vertical and lateral forces
which may occur from winds, snow or seismic activity. For signs on buildings these loads and
forces shall be transmitted through the structur',d frame of the building in such a manner as not
to over stress any of the elements of the building or sign structure. The working stresses of wire
rope or its fastenings shall not exceed 25 percent of the ultimate strength of the rope or
fasteners. Signs attached to masonry, concrete or steel shall be safely and securely fastened
thereto with metal anchors, bolts or approved expansion screws of sufficient size and anchorage
to safely support the loads applied. No wooden blocks or plugs or anchors with wood used in
connection with the screws or nails shall be used, except in the case of signs attached to wood
framing. Materials of construction for signs and sign structures shall be of the quality and grade
as specified for buildings in the Uniform Building Code as adopted in Title 16 of the Port
Townsend Municipal Code. All electrified signs shall be designed, installed and inspected in
conformance with the National Electrical Code.
D. Clearance and Sight Distance. Marquees, canopy signs or projecting signs which
project over areas where motor trucks may be required to pass beneath them shall maintain a
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minimum vertical clearance of fifteen feet. No marquee, canopy sign or projecting sign may
project closer than two feet from the curb line of the street. All marquees, canopy signs and
projecting signs must maintain a minimum of eight feet of vertical clearance over pedestrian
ways.
Freestanding and portable signs may not be placed within a vehicular sight distance
triangle at the intersection of any streets, alleys or driveways. This triangle connects the
intersection of the paved or travelled surface of the roadways with each of the two points
measured thirty feet from the intersection along the edge of the respective paved or travelled
surface of each roadway.
SIGHT
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E. Light and Glare from Signs. The light source for signs which are illuminated by
indirect lighting shall be no farther away from the sign than the height of the sign and shall be
shielded so that direct rays from the light are visible only on the lot where the sign is located
and in such a manner that hazardous glare to motorists or pedestrians will not occur.
17.50.050 Commercial historic districts. The following sign regulations shall apply
within the C-I, C-II, C-III and P-I zoning districts, wherever lands within these zoning districts
are also within the historic district.
A. Total allowable sign area is determined as follows:
1. One square foot of sign area for each lineal foot of primary street frontage of the
primary building.
2. But, not less than forty (40) square feet for each primary building or, in the case
of a multiple-business complex, for each separate store front.
3. Forty (40) square feet for an outdoor business which operates without a building.
4. Should more than one business share an entry, an additional six (6) square feet
may be added for a multiple-tenant directory.
5. Includes all types of signs on ail sides and all stories of the building or premises.
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Exceptions: parking lot identification signs, symbol signs, commemorative
plaques, window sign letters less than six (6) inches in height, window signs
above the first floor, mural signs approved pursuant to subsection (I) below, and
signs listed as exempt in Section 17.50.070 are not included in determining
allowable sign area.
Within the total allowable sign area determined above, the total area of signs
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attached to any given wall shall not exceed forty (40) square feet or the sign area calculation
derived from the street frontage of that wall, whichever is the greater area.
B. Maximum Sign Height. No sign may be placed higher than the second story
window sill level, or on or above the cornice line of any building.
Exceptions:
a) window signs advertising an establishment located on an upper floor and placed
in the window of such an establishment.
b) freestanding and portable signs are limited to five (5) feet in height.
six (6)
1.
2.
3.
inches
4.
5.
Projecting signs are subject to the following additional regulations:
No larger than twelve (12) square feet per side.
May project no more than four (4) feet from the building.
Minimum clearance of eight (8)feet must be maintained above the sidewalk and
from the vertical wall.
Only one projecting sign, ,including symbol signs, is allowed for each main entry.
Projecting signs may be illuminated only by indirect lighting.
D. Window si~,ns.
1. Window signs require a sign permit unless lettering is less than six (6) inches in
height.
2. Window signs above the first floor are allowed only to businesses located
exclusively above the first floor, are restricted to a total sign area of one square foot for each
lineal foot of the width of the window glass; and such signs are not included in allowable sign
area of the building.
Freestanding signs.
Monument signs shall be no more than twelve (12) square feet in sign area per
side.
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2. Pole signs are permitted only if mounted on two poles placed at the outermost
sides of the sign face.
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are allowed.
No other pole signs, portable, sandwichboard, sidewalk or other freestanding signs
Exception: Tour assembly signs authorized by subsection (J) of this section.
square
square
F. Illuminated signs.
1. Subdued, indirect lighting of signs is encouraged.
2. The total area of signs illuminated by internal lighting shall not exceed six (6)
feet per separate store front.
3. Signs illuminated by neon lighting may have a total sign area of up to twelve (12)
feet per separate store front.
G. Signs identifying rear entrances shall be no more than four (4) square feet in area.
H. Signs directed toward the water are not allowed unless the building has a public
waterside entrance.
I. Mural signs. In addition to the allowable sign area prescribed in subsection (A)
above, additional mural signs are allowed subject to prior approval of the Port Townsend
Historic Preservation Commission. Upon application, the Historic Preservation Commission
may authorize such mural signs upon a finding that the design and placement of the proposed
sign contributes to the historic district. The Historic Preservation Commission may also
authorize specific placement of such mural signs off-premises or in a manner which exceeds the
applicable size or height limits prescribed herein. The findings of the Historic Preservation
Commission shall be based upon specific standards adopted by the Commission and shall be
submitted in writing to the Director who shall attach same to the application for sign permit.
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J. Tour assembly signs. Each business which has been authorized by franchise
agreement with the city to conduct public tours within the public rights-of-way may, if such
business dOes not have business premises within the historic district, place one portable sandwich
board sign on the sidewalk at a location and in a manner approved by the Director. The
business owner shall also obtain and submit to the Director written permission of the owner of
the property immediately abutting the location of the proposed sign, and shall also submit proof
of liability insurance naming the City of Port Townsend as additional insured. The Clerk-
Treasurer shall approve the amount and policy provisions of such liability insurance. The sign
area of such sign shall not exceed six (6) square feet per sign face and such sign area shall not
be included in the allowable sign area of the abutting property. Each such portable sandwich
board sign shall be subject to an initial application fee of one hundred dollars ($100) which must
accompany the completed application. In addition, for each such sign so approved and placed,
the applicant shall pay a monthly street use fee in the amount of fifty dollars ($50), which shall
be paid in advance to the Clerk-Treasurer for each month or portion of month in which the sign
is to be displayed.
K. Kiosks. The Director is hereby authorized to permit erection of kiosks by the
City of Port Townsend or by one or more non-profit community organizations representing a
large number of retail businesses. Such kiosks must be shown to provide community bulletin
board services of broad public interest and a current directory of retail businesses. No more
than three such kiosks may be placed within the downtown commercial area of the historic
district, nor more than one within the uptown commercial area.
L. Prohibited signs.
1. In addition to those signs listed as prohibited in Section 17.50.080, readerboard
signs and off-premises real estate signs are not permitted in the Historic District,
2. Off-premises signs or signs placed within the public right-of-way or upon public
sidewalks are prohibited pursuant to Section 17.50.080 of this Chapter.
Exceptions:
a) Mural signs authorized pursuant to subsection (I) of this section.
b) Tour assembly signs authorized pursuant to subsection (J) of this
section.
17,50.055 Residential Districts (R-I, R-IA, R-H, & R-IH). In addition to the other
applicable provisions of this chapter, the following regulations also apply in each residential
zoning district:
A. Total allowable sign area.
1. Each residential building is allowed one permanent, wall-mounted,
identification sign per street frontage and one temporary yard sign and each such sign may not
exceed three (3) square feet in sign area. No sign permit is required for either sign.
2. Each mulfifamily complex, subdivision or non-residential use permitted
outright or by conditional use permit in residential zones is allowed twenty-four (24) square feet
of sign area.
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3. Home occupations are allowed one wall-mounted sign not to exceed three (3)
square feet in sign area.
4. Government building% schools and churches are allowed one identification
sign not to exceed sixteen (16) square feet and one readerboard sign not to exceed twenty-four
(24) square feet.
B. Maximum sign height is five (5) feet.
C. Freestanding signs.
1. Permanent freestanding signs must be monument signs or pole signs mounted
on two poles placed at the outermost sides of the sign face.
2. Temporary yard signs may be displayed for up to fifteen (15) days and may
be mounted on a single pole or stake.
Exceptions:
a) Garage or rummage sale signs pursuant to Article IV, Special Category
Signs.
b) Real estate and political signs pursuant to Section 17.50.070.
3. Freestanding signs must be setback at least five (5) feet inside property lines.
4. No other pole signs, portable, sandwichboard, sidewalk or other freestanding
signs are allowed.
D. Off-premises signs are not permitted.
Exception: Signs authorized to be erected off-premises pursuant to Section
17.50.90, Special Category Signs.
E. Illuminated signs. Only indirect lighting is permitted.
17.50.060 Commercial Business and Public Use Districts (C-I, C-II, C-III, and P-I
zones), except commercial historic districts. In addition to the other applicable provisions of
this chapter, the following regulations also apply in each commercial business and public use
zoning district:
A. Total allowable sign area is determined as follows:
1. One square foot of sign area for each lineal foot of primary street frontage of the
primary building.
2. But, not less than one hundred (100) square feet for each primary building, nor
less than thirty-two (32) square feet for each business in a multiple business complex.
3. Forty (40)square feet for an outdoor business which operates without a building.
4. Government buildings, schools, churches and the Port Townsend Visitors Center
are permitted one identification sign not to exceed thirty-two (32) square feet.
5. Includes all types of signs on all sides and all stories of the building or premises.
Exceptions: parking lot identification signs, symbol signs, incidental signs,
window sign lettering less than six (6) inches in height, motor fuel price signs erected pursuant
to subsection (G) below, monument signs erected as a directory sign for a multiple-business
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complex pursuant to subsection 0E)(2) below, service club signs authorized pursUant to Section
17.50.090, and signs listed as exempt in Section 17.50.070 are not included in the determination
of allowable sign area.
B. Maximum sign height is as follows:
1. Seventeen feet, but in no event may signs extend higher than the nearby surface
of the roof of the building.
2. Canopy signs or signs mounted on a marquee may not extend higher than the
highest roof surface of the canopy or marquee, but in no event may extend higher than the
nearby roof surface of the building.
3. Five (5) feet for a monument sign of a single-business or multiple-tenant building.
4. Five (5) feet plus one foot per each separate business advertised on a monument
directory sign of a multiple-business complex.
MAXIMUM 5 F~--T'
PLUS ONE FOOl-
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six (6)
height.
Ce
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3.
inches
4.
Pro_iecting signs are subject to the following additional regulations:
No larger than sixteen (16) square feet per side.
May project no more than four (4) feet from the building.
Minimum clearance of eight (8) feet must be maintained above the sidewalk and
from the vertical wall.
Only one projecting sign, including symbol signs, is allowed for each main entry.
Window signs require a sign permit unless lettering is less than six (6) inches in
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E. Freestanding signs.
1. Each single-business or multiple-tenant building shall be allowed one monument
sign not to exceed a sign area of twenty-four (24) square feet.
2. Each multiple-business complex is allowed one monument sign per street frontage
for a directory sign. The sign area of such directory sign is not to exceed thirty-two (32)
square feet plus six (6) square feet per separate business advertised.
3. Each such allowed monument sign may not exceed a sign area of eighty (80)
square feet, nor a sign face width of ten (10) feet.
4. Monument signs must be set back from property lines a distance of one f°°t for
each one foot of sign height in excess of five (5) feet.
Exception: The Director is authorized to permit alternate monument sign
placement as part of a streetscape improvement project in conformance with the
Gateway Development Plan.
5. Each monument sign shall have a landscaped area at the base of the sign at least
twice the size of the sign area.
6. No other freestanding or portable signs are allowed.
F. Illuminated signs.
1. Indirect lighting is encouraged.
2. Signs illuminated with internal or neon lighting are limited to a sign face area of
twenty-five (25) square feet.
G. Readerboard signs maY not exceed twelve (12) square feet per sign face.
Exceptions:
1. In addition to the sign area allowed pursuant to subsection (A), above, any
business selling motor fuel to the public may have one permanently-mounted motor fuel price
sign not to exceed eighteen (18) square feet per sign face. If such sign is incorporated as part
of the monument sign allowed pursuant to this section, the allowable height of such monument
sign may be increased by four (4) feet.
2. The Director is authorized to permit one permanently-mounted readerboard
sign for community event announcements on premises owned by the city or a non-profit
organization under contract with the city. Such sign may not exceed a sign area of fifty (50)
square feet per sign face.
2. Portable readerboard signs are not permitted.
17.50.065 Industrial Districts (M-I & M-II). In addition to the other applicable
provisions of this chapter, the following regulations also apply in each industrial zoning district:
A. Total allowable sign area is determined as follows:
1. Sixty-four (64) square feet for each primary building.
2. But, each separate business in a multiple-tenant building or multiple-business
complex shall be allowed at least thirty-two (32) square feet of sign area.
3. Each multiple-tenant building is allowed an additional six (6) square feet for a
directory sign.
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4. Government buildings and schools are permitted one identification sign not to
exceed thirty-two (32) square feet.
5. Includes all types of signs on all sides and all stories of the building or premises.
Exceptions: Parking lot identification signs, incidental signs, monument signs,
window sign letters less than six (6) inches in height, and signs listed as exempt in Section
17.50.070 are not included in determining allowable sign area.
1.
advertised on
2.
Maximum sign height is as follows:
Five (5) feet for monument signs, plus one foot for each separate business
the sign, but no higher than ten (10) feet.
Ten (10) feet for other signs.
six (6)
2.
3.
inches
4.
Projecting signs are subject to the following additional regulations:
No larger than sixteen (16) square feet per side.
May project no more than four (4) feet from the building.
Minimum clearance of eight (8) feet must be maintained above the sidewalk and
from the vertical wall.
Only one projecting sign, including symbol signs, is allowed for each main entry.
height.
Window signs require a sign permit unless lettering is less than six (6) inches in
E. Freestanding signs.
1. Each multiple-busineSs complex is allowed one monument sign per street frontage
for a directory sign. The sign area of each such directory sign shall not exceed sixteen (16)
square feet plus six (6) square feet per separate business advertised, but not larger than sixty-
four (64) square feet.
2. Monument signs must setback from property lines a distance of one foot for each
one foot of sign height in excess of five feet.
3. No other freestanding or portable signs are allowed.
17.50.070 Exemptions, The following types of signs are allowed in all areas without
a sign permit. These exemptions shall not be construed as relieving the owner of any sign for
the responsibility of its erection and maintenance, or for compliance with the provisions of this
chapter, or any other law or ordinance regulating same.
A. Community event signs if no larger than six (6) square feet per sign face and
displayed no longer than twenty-one (21) days before the event and removed within forty-eight
(48) hours after the event, provided, however, that the location of any signs .to be placed in the
public right-of-way shall be approved by the Director.
B. Community fund raising signs pertaining to a specific proposed public construction
project or fund raising campaign; provided, that only one such sign may be erected at a time,
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the sign area may not exceed thirty-two (32) square feet, and the sign may not be displayed for
longer than two (2) years or the conclusion of the project or campaign, whicheVer occurs
soonest.
C. Real estate signs limited to one sign of four and one-half (4.5) square feet
maximum area per sign face on each parcel of property offered for sale in residential zones.
In other zones, one sign is allowed up to sixteen (16) square feet per sign face on each separate
parcel of property offered for sale. Each real estate sign must be removed no later than five (5)
business days after closing of sale of the property advertised. Closing of sale shall be considered
the date of recording with the Jefferson County Auditor. Off-premises real estate signs are not
permitted.
Exception: Real estate signs advertising an open-house may be placed off-
premises if
a) placed on private property;
b) signs are no larger than three (3) square feet per sign face; and
c) displayed for no longer that four (4) consecutive days.
Exception: Off-premises real estate signs are not allowed under any
circumstances in the historic district.
Real estate signs are not permitted within any public right-of-way.
D. On-premises or on-vehicl~ incidental signs not exceeding two (2) square feet each.
E. On-premises directional signs not exceeding six (6) square feet, the sole purpose
of which is to provide for vehicular and pedestrian traffic direction and which display no
advertising.
F. Political signs erected on private property up to four and one-half (4.5) square feet
per sign face in residential zones and sixteen (16) square feet per sign face in other zones and
displayed no earlier than thirty (30) days prior to the election and removed within ten (10) days
after the final election involving the candidate or ballot proposition advertised by the sign;
provided, that signs advertising a candidate or ballot proposition appearing on a general election
ballot which follows a primary election within sixty (60) days may be erected as early as thirty
(30) days prior to the primary election.
G. Temporary_ construction signs limited to a total sign area of thirty-two (32) square
feet per construction site, displayed no longer than one year and removed no later than ten (10)
days after completion or occupancy of the project.
H. Traffic. directional or informational signs lawfully installed, or required to be
installed, by a government entity; provided that, in the event of any conflict between the
provisions of this chapter and the provisions of any applicable state law, the provisions of this
chapter shall govern unless expressly preempted by the laws of the State of Washington.
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right-of-way.
Signs not intended to be viewed from, and which are not readable from, a public
Window merchandise displays.
Flags of the United States, the state, the city, the county, foreign nations, and any
other flag adopted or sanctioned by an elected legislative body of competent jurisdiction,
provided that such a flag shall not exceed sixty (60) square feet in sign area and shall not be
flown from a pole the top of which is more than forty (40) feet in height. Such flags must be
flown in accordance with protocol established by the Congress of the United States for the Stars
and Stripes. Any flag not meeting any one or more of these conditions shall be considered a
banner sign and be subject to regulation as such.
L. Decorative banners if no more than five (5) per each premises.
M. Legal notices required by law.
N. Barber poles;
O. Grave markers.
P. Incidental, nonilluminated signs identifying small specialized community service
structures, such as phone booths, public transit shelters, and collection containers for used goods
or recyclable materials.
Q. Incidental, non-illuminated signs limited to three per storefront.
R. Non-illuminated informational signs pertaining to motor fuel which are affixed to
the surface of fuel pumps, but not including signs projecting from the sides or top of such
pumps.
S. Tem_oorary signs limited to a fifteen (15) day display.
T. Lettering or symbols painted directly onto or mounted magnetically onto an
operable motor vehicle operating in the normal course of business; provided no part of such
signs shall project higher than the roof surface of any such vehicle other than franchised buses
or taxis.
U. Signs attached to franchised buses or taxis.
V. One non-illuminated bulletin board not larger than twelve (12) square feet in area
for each public, charitable or religious institution when the same is erected on the premises of
the institution.
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W. Mural signs within the national historic district in existence on the effective date
of the ordinance codified in this chapter.
X. Non-illuminated religious symbols mounted on church premises.
17.50.075 Special Exemption--Grand _Opening Signs. A. During a grand opening not
to exceed ten (10) days, temporary signs may be displayed on the premises without a sign permit
and regulations with respect to sign area, roof placement, sign height and type of signs are
temporarily suspended.
B. All other regulations provided herein and not expressly suspended by this section
shall apply to grand opening signs.
C. The provisions of this section may not be applied to more than one grand opening
event at any business location within any 12-month period; provided that each separate business
location within a multiple-business complex shall be entitled to a grand opening event separate
from a grand opening event for the complex as a whole.
ao
B.
C.
D.
17.50.080 Prohibited signs.
Abandoned signs.
Bench signs.
Billboards.
The following signs are prohibited within the city:
Flashing, revolving or any other moving signs; provided, that the moving hands
of a clock or changing numerals of a time and/or temperature device may be permitted subject
to the other regulations provided in this chapter.
E. Off-premises signs except real estate signs, political signs, community event signs,
mural signs, and garage sale signs specifically authorized or exempted herein.
F. Off-premises real estate signs within the national historic district.
G. Portable readerboard signs.
ti. Roof-mounted signs, including any signs painted directly on the roof surface.
I. Signs or sign structures, which by coloring, shape, working or location resemble
or conflict with traffic-control signs or devices.
J. Signs which create a safety hazard for pedestrian or vehicular traffic.
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K. Signs larger than two (2) square feet in area attached to or placed on a vehicle or
trailer on public or private property; provided, however, that 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. Franchised buses and taxis are exempt from this provision.
L. Signs attached to utility poles or traffic signs.
M. Signs within the public right-of-way except community event signs, kiosks and
signs which overhang the public right-of-way as specifically authorized herein.
N. Signs in city-designated buffer zones or greenbelt areas.
O. Signs which display the symbol, slogan or trademark of national brands of soft
drinks or other products which do not form the bulk of the business transactions on the premises.
P. Signs contrary to the provisions of this chapter.
Q. Streamers.
R. Signs with letters which exceed a letter height of twelve (12) inches.
S. Signs with any sign face larger than twenty-five (25) square feet which is
illuminated all or in part by internal lighting.
ARTICLE IV. SPECIAL CATEGORY SIGNS
17.50.090 Special category_ signs, The following regulations shall apply to the special
categories of signs set forth below, in addition to all the other requirements of this chapter which
may be applicable:
A. Parking Lot Identification Signs. Parking lot identification signs may be erected
without a sign permit if restricted to posting regulations regarding the use of the lot and to
identifying a parking lot with its owner, operator, or name of the business providing the lot.
No advertising other than the name of the business may be included. The total sign area for
parking lot identification signs shall not exceed six (6) square feet for each one thousand (1,000)
square feet of parking lot area and each sign face shall not exceed six (6) square feet; provided
that each lot shall be allowed at least one parking lot identification sign; and provided further
that these restrictions may be exceeded to the extent required by any applicable laws of the State
of Washington. Parking lot identification signs shall not exceed a sign height of six (6) feet.
B. Community Announcement Signs. Community announcement signs are signs
erected or authorized by the city on or over public right-of-way. Such signs shall be limited to
seventy-five (75) square feet per sign face; provided, however, that the ground clearance, vision
clearance and methods of construction in suspension are approved by the Director. Erection of
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signs over public rights-of-way shall be by or under the supervision of the city, and all costs
incurred by the city relating thereto shall be reimbursed to the city by the permittee.
Community announcement signs require a sign permit, are permitted in any zoning district, and
are limited to a forty-two (42) day display. Signs announcing an upcoming event shall be
removed within forty-eight (48) hours after the event.
C. Service Club Signs. Service club signs are signs which display the recognized
shield, logo or symbol of an international service club which has an established chapter in Port
Townsend, has regularly scheduled meetings, but does not own or lease premises within the city.
Each such sign may not exceed five (5) square feet. Service club signs require a sign permit
and may be displayed only at a single location which has been approved by the Director.
D. Garage or Rummage Sale Signs. Garage or rummage sale signs are temporary
signs not to exceed three (3) square feet per sign face which provide direction to a household
sale. Up to three (3) such signs may be placed without a sign permit on the property on which
the sale is held and/or in nearby public rights-of-way. Signs placed in public rights-of-way must
be self-supported by a stake or similar device and may not be attached to utility poles or traffic
signs. Care must be taken to assure that the placement of such signs will not create a hazard
to the public by obstructing the view or passage of pedestrians, cyclists or motorists. Garage
or rummage sale signs may not be displayed for longer than three (3) days and must be removed
within twenty-four (24) hours after the sale. Garage or rummage sale signs may not be
displayed more than once during any twelve (12) month period for direction to a sale on the
same premises.
E. S_oecial Purpose Sign. A special purpose sign is a temporary sign to be displayed
less than sixty (60) consecutive days for a purpose not anticipated by this chapter, but not in
conflict with it, or in a unique situation as determined by the Director. The total area of all
special purpose signs intended to be displayed on any one premises shall be determined by the
Director; provided, however, that the total area shall not exceed thirty-two (32) square feet. All
special purpose signs shall require a sign permit.
ARTICLE V. PERMIT REQUIREMENTS
17.50,100 Permit--Required. No sign or portion of any sign, except those exempted in
Section 17.50.070 or Section 17.50.090, shall be erected, reerected, replaced, revised, attached,
structurally altered, or relocated by any person, firm or corporation from and after the effective
date of the ordinance codified in this chapter without a permit issued by the city. No permit
shall be required for repair, cleaning, or other normal maintenance, nor for changing the
message on a readerboard sign, as long as the sign structure is not modified in any way.
17.50.110 Permit--Application, Applications for sign permits shall be made to the
Director upon permit forms provided by the city. Such application shall require:
A. Name of business and address where the work is to be performed;
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Name and title of applicant;
Name, address and telephone number of the firm doing installation work;
Name and address of the sign owner if other than the business installing the sign;
A complete list describing each existing sign on the premises, including sign type,
copy, sign area, location on premises, and date installed.
F. A site plan showing the location of the affected lot, buildings, and signs, showing
both existing signs and proposed signs;
G. A scale drawing of each proposed sign or sign revision, including location, size,
height, copy, structural and footing details, material specifications, method of attachment,
illumination, front and end views of canopies and any other information required to ensure
compliance with appropriate laws;
H. Electrical load with name of electrical contractor responsible for installation of
service feed wires if other than sign contractor. Amperage and voltage must be prominently
displayed on the sign. (Note: Electric signs must conform to the National Electrical Code);
I. An application for right-of-way permit if the sign or canopy will extend over a
public right-of-way;
J. Written consent of the owner of the building, structure, or property where the sign
is to be erected.
17.50.120 Permit--Fees and approval. Permit fees shall be in accordance with the
current fee schedule adopted by city ordinance. Upon approval of plans and payment of the
required fee, the Director shall issue the sign permit. Permits shall be numbered in the order
of their issuance and shall disclose:
A. The type and description of sign(s) as defined in this chapter;
B. The street address of the property upon which the sign will be installed;
C. The amount of the fee paid for the permit;
D. The date of issuance;
E. The name of the person or company installing the sign;
F. The name of the sign owner.
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17.50.130 Permit-- Identification. Permanent Sticker. With each permit issued, the
Director shall issue a corresponding permanent, numbered sticker indicating issuance of the sign
permit. It shall be the responsibility of the permittee or his/her agent to attach the sticker
in a location on the sign(s) or sign structure(s) where it can be readily seen from the street. The
absence of such label shall be prima facie evidence that the sign has been installed in violation
of this chapter.
ARTICLE VI. ADMINISTRATION AND ENFORCEMENT
17.50.140 Variances. The Director shall have the authority to grant a variance from the
requirements of this chapter in accordance with the following procedures and considerations:
A. The person seeking a variance, shall prepare and submit an application on forms
provided by the Director accompanied by a fee in the amount of $125, or an amount as hereafter
may be specified by ordinance.
B. Upon receipt of an application, the Director shall first review the application for
completeness. If the application is incomplete, the Director shall promptly return it to the
applicant and indicate the additional information needed to make the application complete.
C. Within fifteen (15) days of receipt of a complete application, the Director shall
make a preliminary determination of whether to grant the application, grant the same under
specified conditions, or to deny the variance. In making his/her determination, the Director may
grant a variance only upon specific, written Findings of Fact setting forth and showing that the
following conditions exist:
1. Literal interpretation and strict application of the provisions and
requirements of this chapter would cause either
(a) undue hardship on the applicant because of unique or unusual conditions pertaining to the
subject property; or (b) loss or substantial modification of a sign which has been found by the
Historic Preservation Commission to contribute significantly to the historic district.
2. The unique or unusual conditions do not result from actions of the
applicant or owner of the subject property.
3. Granting the variance would not confer a special privilege to the subject
property that is denied to other similarly situated properties.
4. Granting the variance would not be materially detrimental to the property
owners in the vicinity or to the travelling public.
5. Granting the variance would not be contrary to the objects of this chapter
relating to the placement of signs and the reduction of clutter; and
6. Granting the variance would be in harmony with the purpose and intent
of this chapter and would not establish a precedent for subsequent variance requests which could
diminish the effect of this chapter in furthering these purposes.
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D. In granting any variance, the Director may attach thereto such conditions
regarding the location, character and other features of the proposed sign as he/she may deem
necessary to carry out the spirit and purpose of this chapter in the public interest.
E. Within five (5) days of the making of his/her preliminary determination, the
Director shall cause to be mailed a notice of the determination to the owner or reputed owner
of the properties within (200) feet of the subject property, as shown by the property tax records
of the Jefferson County Assessor, and by posting notice in a conspicuous place on the subject
property and at the Port Townsend City Hall. The notice shall identify the applicant, the street
address or legal description of the subject property, the variance requested, the Director's
preliminary determination and where the application and Director's findings may be inspected,
and shall indicate that written comments or objections will be received and considered by the
Director for a period of ten (10) days following the date of mailing.
F. Within five (5) days of expiration of the comment period, the Director shall
consider any comments or objections made and render a final decision. The Director shall cause
to be mailed notice of his/her final decision to the applicant and to each person from whom
written comments or objections to the preliminary determination have been received. Such
decision shall be final and binding unless appealed in writing to the City Council within fifteen
(15) days of the date of mailing of the Director's final decision. Any person may file such an
appeal by letter addressed to the City Council, accompanied by an appeal filing fee in the
amount of $100.
G. In the event of an appeal, the City Council will review the reasons and
information set forth in the letter of appeal; the findings, conclusions, and decision of the
Director, together with any written material submitted by the Director; and may take public
comment. The City Council shall affn'm the decision of the Director unless it finds the decision
to be clearly erroneous, or arbitrary and capricious, or contrary to law, in which case the
Council may modify the decision or any conditions in connection therewith, or remand the same
to the Director.
H. No action to set aside or modify the decision of the City Council may be brought
in any Court or other tribunal unless the action shall be filed within thirty (30) days of the
effective date of the decision.
17.50.150 Interpretations. Where there is any dispute concerning the interpretation of
this chapter, the decision of the Director shall prevail, subject to appeal to the board as provided
in this rifle.
17,50,160 Enforcing Official--Powers and duties. The enforcing official of this chapter
shall be the Director who is hereby authorized and directed to enforce all the provisions of this
chapter. Upon presentation of proper credentials, the Director may enter at reasonable times
any building, structure, or premises to perform any duty imposed upon him/her by this chapter.
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Signs for which a permit is required may be inspected periodically by the Director for
compliance with this chapter.
17.50.170 Removal of signs.
which
sign is
A. Abandoned signs shall be removed by the owner or lessee of the premises upon
the sign is located within sixty (60) days after the business or service advertised by the
no longer conducted on the premises.
B. The Director may order the removal of any sign erected, installed or allowed to
remain in violation of this chapter. He or she shall give at least thirty (30) days notice in
writing, to the owner of such sign, or of the building, structure or premises on which such sign
is located, to remove the sign or to bring it into compliance with this chapter. The Director may
order removal of the sign at the expense of the owner of the premises if compliance with the
written order is not obtained. Notice to the owner shall be deemed to be given as of the date
of deposit in the United States mall addressed to the address on record that date at the office of
the Jefferson County Assessor.
Exception: In the case of temporary signs, banner signs, portable signs or streamers,
only five (5) days notice need be given.
C. The Director may cause any sign which is erected or displayed in violation of this
chapter to be summarily removed without notice and at the expense of the owner of the sign
and/or premises if
1. the condition or placement of the sign presents in the opinion of the Director an
immediate threat to the safety of the public, or
2. the sign is placed in a public right-of-way or upon city property or attached to a
utility pole, tree or traffic sign in violation of this chapter.
17.50.150 Nonconforming signs. A. Nonconforming signs shall be removed or brought
into compliance with this chapter no later than the expiration of the amortization period of each
such sign, determined as follows:
1. For signs made nonconforming by passage of Ordinance 2039, July 31, 1992;
2. For signs made nonconforming by the passage of the ordinance codified in this
Chapter, July 31, 1997;
3. For signs made nonconforming by passage of any subsequent ordinance, 6 years
after the effective date of said ordinance.
B. Exception pertaining to certain flashing, blinking of revolving signs. Insofar as
any sign or parts thereof flash, blink, move, or revolve in a manner prohibited by Section
17.50.080, such nonconformity shall be terminated no later than thirty (30) days after the
effective date of this ordinance. Otherwise, such other nonconforming conditions of such sign
are subject to the provisions of this section pertaining to nonconforming signs.
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C. Exception pertaining to portable signs, banner signs and streamers. All
nonconforming portable signs, banner signs and streamers shall be removed within ninety (90)
days of the effective date of this ordinance.
D. Incentive for early compliance. Whenever a nonconforming, permanent roof-
mounted or pole sign is voluntarily removed or otherwise brought into compliance with this
chapter at least one year earlier than required by this section, the business advertized by such
sign shall be entitled to a sign area bonus equal to ten (10) square feet of sign area for each year
prior to the expiration of the amortization period of the subject sign. Such bonus shall be in
addition to the sign area otherwise permitted by the provisions of this chapter, and shall remain
in effect for a period of ten (10) years or until the business ceases to operate, whichever occurs
first.
E. Loss of nonconforming status. 1. A nonconforming sign shall immediately lose
its legal, nonconforming status if:
a) The sign is altered in any way in structure, color or copy, except for
readerboard signs; or
b) The sign is damaged in excess of fifty (50) percent of the original cost of the
sign; or
c) The sign is relocated; or
d) The sign is replaced.
2. On the occurrence of any of the events described in subsection (E)(1) of this
section, the sign shall be immediately brought into compliance with this chapter with a new
permit secured therefor, or shall be removed; provided, however, that the Director may
authorize specific alterations of such nonconforming signs if s/he finds that:
a) the end of the nonconforming sign's amortization period is more than two
years away; and
b) the total amount of aggregate noncompliance of the sign area of the existing
signs on the premises is reduced at least fifty (50) percent by the proposed alterations; and
c) the alteration shall not affect the original amortization period for the
nonconforming sign.
F. Notice of nonconforming signs. The Director shall endeavor to give notice of the
legal nonconformance and amortization periods set forth in this section to the owners of signs
required to be removed. Such notice should be given to the owners of the signs as shown by
city records within sixty (60) days of the effective date of the ordinance codified in this section
or of the ordinance which renders the signs nonconforming, whichever occurs later. Only one
such notice need be given. Failure of the Director to give the notice specified herein, or failure
of the sign owner to receive any such notice shall not limit or affect the city's power to enforce
this chapter, or in any way reduce the ability of the city to require removal of the
nonconforming signs as provided by law.
G. Administrative Appeal. The owner of a nonconforming sign may appeal to the
Director to request an extended period of use of such sign beyond the amortization period
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determined by this section. Any such appeal must be made to the Director upon forms provided
by the city and must be accompanied by an appeal filing fee in the amount of $100. The
Director shall require that the appellant provide as part of his/her appeal a general description
of the sign, its dimensions and physical position; evidence sufficient to establish the date and
cost of the sign as originally constructed and installed; the amount of depreciation claimed and
the depreciation schedule used for such sign as reflected by Internal Revenue Service schedules
for prior years; the estimated cost of relocation or alteration of such sign, where applicable;
together with any other information or documents specified by the Director which are reasonably
necessary to assist the city in making a determination on the appeal. The Director shall consider
the statements and documentary evidence contained in the application and any supplementary
information which s/he may reasonably require. In addition, s/he shall inspect the subject sign
to determine its general condition, state of repair, and the extent to which the sign does not
conform to the requirements and limitations of this ordinance. In making his/her determination,
the Director shall consider the unrecoverable cost invested in the sign, the estimated remaining
life of the sign, and the degree of nonconformity. The Director shall prepare and make available
for public inspection the specific method s/he intends to use in processing such appeals. All
determinations of appeals made pursuant to this section shall be made in writing with specific
findings of fact and conclusions in support of the decision. All such determinations of the
Director are subject to appeal to the board as provided by this title.
17.50.190 Liability. This chapter shall not be constituted to relieve from'or lessen the
responsibility of any person owning, building, altering, constructing, or removing or moving any
sign in the city for damages to anyone injured or damaged either in person or property by any
defect or action in this chapter, nor shall the city, or any agent thereof, be held as assuming such
liability by reason of permit or inspection authorized in this chapter or a certificate of inspection
issued by the city or any of its agents.
17.50.200 Violation--Penalty. A. Any person who violates any term or provision of
this chapter or of any permit hereunder, or to have failed to comply with a lawful order of the
Director as provided in this chapter, shall be guilty of a civil infraction.
B. For the fu'st such violation, the civil penalty shall be in the amount of $250. For the second
violation by the same person within a period of two (2) years, the penalty shall be $400. Upon
the third violation within a period of two years, such violation shall constitute a misdemeanor,
and be punishable as set forth in Section 17.68.030 of this title.
C. Each calendar day of a any continuing violation shall be deemed a separate and distinct
violation.
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Section 2.
follows:
Section 17.16.010 of the Port Townsend Municipal Code is hereby amended as
=-:----:__ _-_ .=._'~D CDNGZTZCN.:..Z USE~
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a.-.~ ma£nua..-, -=-~o ....
ccm~cun~ manufac~ur~
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Section 9. Section 17.20.010 of the Port Townsend Municipal Code is hereby mended to
read as follows:
P-~ -':
=ONE t ...... --- F--=~C----.- LI/~. S NOT!S
P-i, ~- ii.' '- F--uriC t
~-I(A~ ~ F.-onc 3
Rear
Of----s~.=me= pa=.~i.ng Sec-.ion
Pa=.~J. nq - same as a~ovm
9ark!ng - same as a~ove. Ail se_--~lce
an~ ;a.-.~.ing ar_~as shall be
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~ULK
FZNC '- L TM .'-TS
C-Z ('(, $ ".-*..-- '-. c ~- '- '- '-"----- Minimums
C-Z-' (C~impla :'-'-'-'.-.--- Minimums
: n_- -_L :,-. :.-. 1 i~ ~ Side 6
..... ',- Rear
C-,'Zl ~(3a.-.,= -_r :_-:~"_,,,/ Minimums
~__-_-..: -_: :'_--_.~)
Si~e l.O
Rec'L~
NCT '--$
Parklnc - same as a~,cve.
.~r:clng - sa~...e as a~ove.
same as a~ave.
a-,~ (~s=-..= :: :,2:':;'='))
Rea= !0
~e_- 4we!!in? u=.u
'2,OaO ~.
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Section 4. Chapter 17.08 of the Port Townsend Municipal Code is hereby amended to
deleted Sections 17.08.045 17.08.445 as follows:
Section 5. Chapter 17.52 of the Port Townsend Municipal Code is hereby amended to delete
subsection 17.52.100(B) as follows:
17.52.100 Continuation of nonconforming use of land. The nonconforming use of land
(where no building is involved) existing on August 17, 1971, may be continued, provided that:
(A) No such nonconforming use of land shall in any way be expanded or extended on
the same or adjoining property;
SectiOn 6. Chapter 17.34, Signs, of the Port Townsend Municipal Code is hereby repealed.
Section 7. Severability. In the event any one or more of the provisions of this ordinance
shall for any reason be held to be invalid, such invalidity shall not affect or invalidate any other
provision of this ordinance, but this ordinance shall be construed and enforced as if such invalid
provision had not been contained therein; provided, that any provision which shall for any reason
be held by reason of its extent to be invalid shall be deemed to be in effect to the extent
permitted by law.
Section 8. Effective date. This ordinance shall take effect upon its passage, approval and
publication as provided by law.
Read for the first time on July 2, 1991 and for the second and third time times and
passed by the City Council of the City of Port Townsend, Washington, at a regular meeting
thereof, held this sixteenth day of July , 1991.
Brent S. Shirley, Mayor ~
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ATTEST:
David A. Grove
Approved as to form:
Passed by the City Council:
Signed by the Mayor:
Published:
Effective Date:
added t¢
Clerk
Keith C.
City Attorney
1991.
to ,1991.
o~z[ , 1991.
~ q , 1991.
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