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HomeMy WebLinkAbout2017-013 Sign Construction and Maintenance; YMC Amendment 11.08ORDINANCE NO. 2017-013 AN ORDINANCE relating to construction and maintenance of signs; amending Yakima Municipal Code Chapter 11.08, Sign Code. WHEREAS, amendments to the code are proposed to comply with the U.S. Supreme Court decision of Reed v. Gilbert, and to address other matters that needed to be amended in the code; and WHEREAS, Chapter 11.08, which adopts and amends the Uniform Sign Code, is intended to work in conjunction with Chapter 15.08, which addresses zoning, size, height, material and other regulations for signs within the City; and WHEREAS, the Economic Development Committee reviewed the proposed changes on March 23, 2017, and recommended that they be forwarded to the full Council; and WHEREAS, the City Council of the City of Yakima hereby finds and determines that approval of such amendment is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 11.08, Sign Code, of the City of Yakima Municipal Code is hereby amended to read as follows: Chapter 11.08 SIGN CODE Sections: 11.08.010 Adoption of Uniform Sign Code. 11.08.015 Amendment to Section 102. 11.08.020 Amendment to Section 103. 11.08.025 Amendment to Section 203. 11.08.027 Amendment to Section 214. 11.08.029 Amendment to Section 301. 11.08.030 Amendment to Section 303. 11.08.040 Amendment to Section 304. 11.08.050 Amendment to Section 305. 11.08.060 Amendment to Section 306. 11.08.070 Amendment to Table 4-B. 11.08.075 Amendment to Section 403. 11.08.077 Amendment to Section 703. 11.08.080 Prohibited signs and devices. 11.08.090 Removal of nonconforming signs. 11.08.100 License required. 11.08.110 License fee. 11.08.120 Application for license. 11.08.130 Revocation of license. 11.08.140 Liability insurance required. 1 11.08.010 Adoption of Uniform Sign Code. The Uniform Sign Code, 1991 Edition, of the International Conference of Building Officials, of which not less than one or more copies have been and are now on file in the office of the code administration manager of the city of Yakima, is adopted and incorporated as fully as if set out in full herein, as the sign code of the city of Yakima, except as hereinafter amended, and the provisions and regulations of the city of Yakima; and the several sections or numbers therein shall constitute, and may be referred to as, the numbers of this chapter. This code is intended to work in conjunction with YMC 15.08 sign regulations. (Ord. 3400 § 2, 1991: Ord. 3150 § 1, 1988: Ord. 2901 § 1, 1985: Ord. 2674 § 1, 1983: Ord. 2461 § 1, 1980: Ord. 1638 § 1 (part), 1974). 11.08.015 Amendment to Section 102. Section 102 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Sec. 102. Purpose and Scope. The purpose of this code is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures not located within a building. A sign shall not be erected in a manner that would confuse or obstruct the view or interpretation of any official traffic sign, signal or device. Adoption and enforcement of this code shall not be construed for the particular benefit of any individual person or group of persons, other than the general public. In the event of a conflict between the intent of this section and any other section herein, this section shall govern insofar as applicable. (Ord. 2461 § 7, 1980). 11.08.020 Amendment to Section 103. Section 103 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Sec. 103. Enforcement. (a) Authority. The Code Administration Manager or his representative is hereby authorized and directed to enforce all the provisions of this code. For these purposes, the Code Administration Manager shall have the power of a law enforcement officer. (b) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the building official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code, 2 provided that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry. When the building official or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official or his authorized representative for the purpose of inspection and examination pursuant to this code. (c) Board of Appeals. In order to provide for reasonable interpretation of the provisions of this code there is hereby established a Board of Appeals as provided in the Building Code. (d) Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain any sign or sign structure in this jurisdiction, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this code. Any condition resulting from such unlawful conduct shall be a public nuisance subject to abatement by the City of Yakima through civil action. (Ord. 3400 § 2, 1991: Ord. 3150 § 2, 1988: Ord. 2901 § 2, 1985: Ord. 2674 § 2, 1983: Ord. 2461 § 2, 1980: Ord. 1638 § 1 (part), 1974). 11.08.025 Amendment to Section 203. Section 203 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Sec. 203. BUILDING CODE is the Uniform Building Code promulgated by the International Conference of Building Officials, as enacted by the City of Yakima. BUILDING OFFICIAL is the Code Administration Manager or his representative. (Ord. 3400 § 3, 1991: Ord. 3150 § 3, 1988: Ord. 2901 § 3, 1985: Ord. 2674 § 3, 1983: Ord. 2461 § 8, 1980). 11.08.027 Amendment to Section 214. Section 214 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Sec. 214. "Sign" means letters, figures, symbols or logos, with or without illumination, on any medium, including its structural component parts, used or intended to attract attention to the subject matter that identifies, advertises, and/or promotes a product, good, service, place, person, firm, merchandise, point of sale or business. A sign also includes any 3 item attached to sign structures, such as balloons, streamers, pennants, flags, inflatables or similar devices intended to attract attention. SIGN STRUCTURE is any structure which supports or is capable of supporting any sign as defined in this code. A sign structure may be a single pole and may or may not be an integral part of the building. SHALL is defined to have the following meaning: (a) With respect to the functions and powers of the Director of Community and Economic Development, Code Administration Manager, any agents and employees of the City of Yakima and any board authorized hereunder, a direction and authorization to act in the exercise of sound discretion and in good faith; (b) With respect to the obligations upon owners and occupants of premises and their agents, a mandatory requirement to act in compliance with this code at the risk of civil and criminal liability upon failure so to act. STRUCTURE is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. (Ord. 3400 § 4, 1991: Ord. 3150 § 4, 1988: Ord. 2901 § 4, 1985: Ord. 2674 § 4, 1983: Ord. 2461 § 9, 1980). 11.08.029 Amendment to Section 301. Section 301 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Sec. 301. Permits Required. A sign shall not hereafter be erected, re -erected, constructed, altered or maintained, except as provided in the Yakima Municipal Code and after a permit for the same has been issued by the building official. A separate permit shall be required for a sign or signs for each business entity, and a separate permit shall be required for each group of signs on a single supporting structure. In addition, electrical permits shall be obtained for electric signs. Any permit granted hereunder may be suspended or revoked by the Code Administration Manager if he finds that said permit was issued in error or in violation of this code or any other ordinance of the City of Yakima. (Ord. 3400 § 5, 1991: Ord. 3150 § 5, 1988: Ord. 2901 § 5, 1985: Ord. 2674 § 5, 1983: Ord. 2461 § 10, 1980). 11.08.030 Amendment to Section 303. Section 303 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Sec. 303. Exceptions. The following signs shall not require a permit. These exceptions shall not be construed as relieving the owner of any sign from the 4 responsibility of its erection and maintenance, and its compliance with the provisions of this code or any other law or ordinance regulating the same. 1. The changing of the advertising copy or message on a painted or printed sign, theater marquee, and similar signs specifically designed for the use of replaceable copy. 2. Painting, repainting, or cleaning of an advertising structure or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires sign permits unless a structural or electrical change is made. 3. Temporary signs as defined and regulated under Chapter 15.08. 4. Portable signs as defined and regulated under YMC 15.08.155. 6. Bulletin board not over 12 square feet in area. 6. Memorial signs or tablets, names of buildings, and dates of erection, when cut into any masonry surface or when constructed of bronze or other incombustible materials. 7. Signs of public service companies indicating danger and/or service or safety information. (Ord. 2461 § 3 (part), 1980: Ord. 1807 § 1, 1975: Ord. 1788 § 1, 1975: Ord. 1716 § 1, 1974: Ord. 1638 § 1 (part), 1974). 11.08.040 Amendment to Section 304. Section 304 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Sec. 304. Fees. A sign permit and plan check fee shall be paid in accordance with Yakima Municipal Code 11.04.030, Table 2. (Ord. 2890 § 1, 1985: Ord. 2461 § 3 (part), 1980: Ord. 1880 § 26, 1975: Ord. 1638 § 1 (part), 1974). 11.08.050 Amendment to Section 305. Section 305 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Sec. 305. Maintenance. (a) All signs, together with their supports, guys and anchors, shall be kept in repair and in proper state of preservation. (b) Upon the discontinuance or vacation of a business or activity, the owner or previous owner of the business or the person who conducted the activity shall remove or cause to be removed all signs in the city relating to such business or 5 activity within thirty days from the discontinuance or vacation of the business or activity. In the event such removal is not accomplished within such thirty day period, the owner or person in possession or control of the property on which such signs are situated shall remove or cause to be removed all such signs within sixty days from the discontinuance or vacation of the business or activity. (c) Signs advertising a companyno longer in business, a product no longer provided, or an activity or event no longer being offered in the City of Yakima shall be removed by the owner of the property or building within six months of notice issued by the Chief Building Inspector. (d) Signs painted on the walls of buildings advertising a company no longer in business, a product no longer provided or an activity or event no longer being offered in the City of Yakima shall be painted over to match the exterior surface of the building within thirty days of notice issued by the Chief Building Inspector. (Ord. 93-82 § 1, 1993; Ord. 2461 § 4, 1980: Ord. 1638 § 1 (part), 1974). 11.08.060 Amendment to Section 306. Section 306 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Sec. 306. Inspections. All signs for which a permit is required shall be subject to inspection by the Building Official and shall have painted on the surface of the sign the name of the sign erector and the 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. Footing inspections may be required by the Building Official for all signs having footings. The owner or other person responsible for a sign shall remove such sign at the order of the Building Official for lack of maintenance, as required by Section 11.08.050 of this chapter. All signs may be re -inspected from time to time at the discretion of the Building Official. (Ord. 2461 § 5, 1980: Ord. 1638 § 1 (part), 1974). 11.08.070 Amendment to Table 4-B. (a) Table 4-B of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: TABLE 4-B PROJECTION OF SIGNS Clearance above Maximum Projection grade Less than 8 feet Not permitted 6 8 feet to 9 feet 9 feet to 10 feet over 10 feet 1,-0" 2'-0" 2/3 the distance from building to a curb line or a maximum of 10 feet (b) No sign shall project within 2 feet of curb line. (c) No more than one-third of the height of any projecting sign shall exceed the height of the building to which it is attached. (Ord. 2461 § 6, 1980: Ord. 1638 § 1 (part), 1974). 11.08.075 Amendment to Section 403. Section 403 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Sec. 403. (a) General. Signs shall conform to the clearance and projection requirements of this section and Tables Nos. 4-B and 4-C. (b) Clearance from High Voltage Power Lines. Signs shall be located not less than 6 feet horizontally or 12 feet vertically from overhead electrical conductors which are energized in excess of 750 volts. The term "overhead conductors" as used in this section means an electrical conductor, either bare or insulated, installed above the ground, except when conductors are enclosed in iron pipe or other approval material covering of equal strength. (c) Clearance from Fire Escapes, Exits or Standpipes. Signs or sign structures shall not be erected in such a manner that a portion of their surface or supports will interfere with the free use of any fire escape, exit or standpipe. (d) Obstruction of Openings. Signs shall not obstruct openings to the extent that light or ventilation is reduced to a point below that required by this code. Signs erected within 5 feet of an exterior wall in which there are openings within the area of the sign shall be constructed of noncombustible material or approved plastics. (e) Projection over Alleys. Signs or sign structures shall not project into a public alley below a height of 14 feet above grade, nor project more than 12 inches when the sign structure is located 14 feet to 16 feet above grade. The sign or sign structure may project not more than 36 inches into a public alley when the sign or sign structure is located more than 16 feet above grade. (f) Clearance from Streets. Signs shall not project within 2 feet of the curb line. Temporary signs shall not project into the roadway. No signs shall project into the clear view triangle. (Ord. 93-83 § 1, 1993). 7 11.08.077 Amendment to Section 703. Section 703 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Section 703. Signs shall not project over public property, beyond a legal setback or corner clear view triangles, unless specifically allowed pursuant to the Yakima Municipal Code. (Ord. 93-83 § 3, 1993). 11.08.080 Prohibited signs and devices. In addition to those signs prohibited under Yakima Municipal Code section 15.08.050, the following signs or devices are specifically prohibited, and no person shall install or maintain any such prohibited sign: 1. All signs not complying with Washington State Highway Department regulations adjacent to state roads; 2. Signs within twenty feet of intersections, alleys or driveways which obscure vision between the height of three and ten feet of the street or driveway grade; or 3. Stationary motor vehicles, trailers and related devices utilized in an attempt to circumvent the intent of this code. (Ord. 1638 § 2 (part), 1974). 11.08.090 Removal of nonconforming signs. A. All nonconforming signs shall be made to comply with the standards of this code or shall be removed within four years from the effective date of this code or any of its amendments. B. For those areas annexed or rezoned subsequent to the enactment of this code, the effective date for the removal or causing compliance of the then nonconforming signs shall be no later than four years from the date of annexation or rezoning as specified in subsection A of this section. (Ord. 1638 § 1 (part), 1974). 11.08.100 License required. No person, firm or corporation shall engage in the business of erecting, removing, servicing or maintaining signs as covered by this chapter without first having procured a license from the city clerk to conduct such business. Exceptions: A. Nothing contained in this section shall be construed to require a license from any persons having a lawful permit to do so, who shall submit a verified statement that he is the owner of the building or premises to which such signs, banners or billboards may be attached and that work done under such permit shall be performed exclusively by 8 himself. A lawful tenant of a building with written permission from the owner and proof of tenancy may also perform work on a building under such permit exclusively by himself. B. Public service corporations holding a valid and existing franchise from the city and which have on file a general obligation bond may erect, remove and maintain purely directional signs indicating locations, guides, instructions and distances to the general public, without the necessity of procuring a license under this chapter. (Ord. 1638 § 1 (part), 1974). 11.08.110 License fee. The annual license fee for all licenses provided for by this chapter shall be one hundred fourteen dollars and twenty-six cents, payable in advance on or before January 1st of each year; provided, a license may be issued for any application filed after August 31st of any year on payment of one-half the annual license fee, which license shall expire and be subject to renewal on or before December 31st of that year. (Ord. 3143 § 14, 1988: Ord. 3002 § 14, 1987: Ord. 2736 § 15, 1983: Ord. 1880 § 27, 1975: Ord. 1638 § 1 (part), 1974). 11.08.120 Application for license. Application for any license required under this chapter shall be made on forms to be furnished for such purpose by the city clerk. Each application shall be accompanied with the license fee required therefor together with the bond specified under Section 11.08.140. (Ord. 1638 § 1 (part), 1974). 11.08.130 Revocation of license. Licenses granted under the terms of this chapter shall be nontransferable and may be revoked by the city manager on his finding that the license holder has violated any provision of this chapter after a public hearing upon five days' notice. Such notice shall be served personally upon the licensee or by certified letter addressed to the licensee at the address given on the license application. (Ord. 1638 § 1 (part), 1974). 11.08.140 Liability insurance required. Before any license is granted under the terms of this chapter, and as a prerequisite thereto, the applicant will provide the city with a certificate of insurance as proof of commercial general liability insurance in the amount of one million dollars combined single limit bodily injury and property damage and two million dollars aggregate that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of the license and/or permit. The certificate of liability insurance policy shall name the city of Yakima, its elected officials, officers, agents, employees and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel the insurance without first giving the city thirty calendar days' prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the state of Washington. If the city is damaged by the failure of the applicant to maintain the above insurance or to so notify the city, then the applicant shall bear all costs attributable thereto. An expiration, cancellation, or 9 revocation of the insurance policy or withdrawal of the insurer from the insurance policy automatically suspends the permit issued to the licensed sign installation company until a new insurance policy or reinstatement notice has been filed and approved as provided in this section. As a further condition of the issuance of any license, the applicant shall defend, indemnify, and hold harmless the city, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from the applicant's performance or nonperformance of its work relating to signs, including but not limited to the erection, servicing, maintaining and/or removing of a sign or signs in the city of Yakima. Applicants shall also comply with all other applicable insurance requirements found in the Yakima Municipal Code. (Ord. 2009-21 § 2, 2009: Ord. 1638 § 1 (part), 1974). Section 2. If any section, subsection, paragraph, sentence or clause of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of the ordinance. Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 18th day of April, 2017. ATTEST: cthy Coffey, Ma r 1 Sonya�C)aar Tee, City Clerk Publication Date: April 21, 2017 Effective Date: May 21, 2017 10 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT 1 Item No. 6.K. For Meeting of: April 18, 2017 ITEM TITLE: Ordinance relating to construction and maintenance of signs; amending Yakima Municipal Code Chapter 11.08, Sign Code SUBMITTED BY: Sean Hawkins, Economic Development Manager Sara Watkins, Senior Assistant City Attorney SUMMARY EXPLANATION: Yakima Municipal Code Chapter 11.08, Sign Code, is meant to work in conjunction with Chapter 15.08, Signs and Chapter 8.30, Street and Building Decorations. This chapter has been updated to address zoning, size, height, material and other regulations for signs within the City of Yakima. Chapter 11.08 of the code is the chapter that addresses construction and maintenance of signs. Amendments need to be made to conform with the recent U.S. Supreme Court case, Reed v. Town of Gilbert, which requires that all regulations be content neutral. Our current code in Chapter 11.08 has language that allows exceptions to rules based on content (for example real estate signs and political signs). Amendments also need to be made so that the Chapter is consistent with the changes to Chapter 15.08, such as consistent definitions and references to sections of Chapter 15.08. One substantive change allows lawful tenants of buildings to construct or maintain signs on their property without requiring a license. Owners of buildings already have this right, but lawful tenants did not. ITEM BUDGETED: STRATEGIC PRIORITY: Neighborhood and Community Building STAFF RECOMMENDATION: Pass ordinance BOARD/COMMITTEE RECOMMENDATION: Item reviewed at the Council Economic Development Committee at their March 23, 2017 meeting. The Committed voted 3-0 to move the item to the full City Council for consideration. ATTACHMENTS: 2 Description Upload Date Type D Ordinance - YMC 11.08 - Redline 4/6/2017 Ordinance D Ordinance - YMC 11.08 - FINAL 4/6/2017 Ordinance 3 ORDINANCE NO. 2017 - AN ORDINANCE relating to construction and maintenance of signs; amending Yakima Municipal Code Chapter 11.08, Sign Code. WHEREAS, amendments to the code are proposed to comply with the U.S. Supreme Court decision of Reed v. Gilbert, and to address other matters that needed to be amended in the code; and WHEREAS, Chapter 11.08, which adopts and amends the Uniform Sign Code, is intended to work in conjunction with Chapter 15.08, which addresses zoning, size, height, material and other regulations for signs within the City; and WHEREAS, the Economic Development Committee reviewed the proposed changes on March 23, 2017, and recommended that they be forwarded to the full Council; and WHEREAS, the City Council of the City of Yakima hereby finds and determines that approval of such amendment is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 11.08, Sign Code, of the City of Yakima Municipal Code is hereby amended to read as follows: Chapter 11.08 SIGN CODE Sections: 11.08.010 Adoption of Uniform Sign Code. 11.08.015 Amendment to Section 102. 11.08.020 Amendment to Section 103. 11.08.025 Amendment to Section 203. 11.08.027 Amendment to Section 214. 11.08.029 Amendment to Section 301. 11.08.030 Amendment to Section 303. 11.08.040 Amendment to Section 304. 11.08.050 Amendment to Section 305. 11.08.060 Amendment to Section 306. 11.08.070 Amendment to Table 4-B. 11.08.075 Amendment to Section 403. 11.08.077 Amendment to Section 703. 11.08.080 Prohibited signs and devices. 11.08.090 Removal of nonconforming signs. 11.08.100 License required. 11.08.110 License fee. 11.08.120 Application for license. 11.08.130 Revocation of license. 11.08.140 Liability insurance required. 1 4 11.08.010 Adoption of Uniform Sign Code. The Uniform Sign Code, 1991 Edition, of the International Conference of Building Officials, of which not less than one or more copies have been and are now on file in the office of the code administration manager of the city of Yakima, is adopted and incorporated as fully as if set out in full herein, as the sign code of the city of Yakima, except as hereinafter amended, and the provisions and regulations of the city of Yakima; and the several sections or numbers therein shall constitute, and may be referred to as, the numbers of this chapter. This code is intended to work in conjunction with YMC 15.08 sign regulations. (Ord. 3400 § 2, 1991: Ord. 3150 § 1, 1988: Ord. 2901 § 1, 1985: Ord. 2674 § 1, 1983: Ord. 2461 § 1, 1980: Ord. 1638 § 1 (part), 1974). 11.08.015 Amendment to Section 102. Section 102 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Sec. 102. Purpose and Scope. The purpose of this code is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures not located within a building. A sign shall not be erected in a manner that would confuse or obstruct the view or interpretation of any official traffic sign, signal or device. Adoption and enforcement of this code shall not be construed for the particular benefit of any individual person or group of persons, other than the general public. In the event of a conflict between the intent of this section and any other section herein, this section shall govern insofar as applicable. (Ord. 2461 § 7, 1980). 11.08.020 Amendment to Section 103. Section 103 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Sec. 103. Enforcement. (a) Authority. The Code Administration Manager or his representative is hereby authorized and directed to enforce all the provisions of this code. For these purposes, the Code Administration Manager shall have the power of a law enforcement officer. (b) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the building official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code, 2 5 provided that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry. When the building official or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official or his authorized representative for the purpose of inspection and examination pursuant to this code. (c) Board of Appeals. In order to provide for reasonable interpretation of the provisions of this code there is hereby established a Board of Appeals as provided in the Building Code. (d) Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain any sign or sign structure in this jurisdiction, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this code. Any condition resulting from such unlawful conduct shall be a public nuisance subject to abatement by the City of Yakima through civil action. (Ord. 3400 § 2, 1991: Ord. 3150 § 2, 1988: Ord. 2901 § 2, 1985: Ord. 2674 § 2, 1983: Ord. 2461 § 2, 1980: Ord. 1638 § 1 (part), 1974). 11.08.025 Amendment to Section 203. Section 203 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Sec. 203. BUILDING CODE is the Uniform Building Code promulgated by the International Conference of Building Officials, as enacted by the City of Yakima. BUILDING OFFICIAL is the Code Administration Manager or his representative. (Ord. 3400 § 3, 1991: Ord. 3150 § 3, 1988: Ord. 2901 § 3, 1985: Ord. 2674 § 3, 1983: Ord. 2461 § 8, 1980). 11.08.027 Amendment to Section 214. Section 214 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Sec. 214. "Sign" means letters, figures, symbols or logos, with or without illumination, on any medium, including its structural component parts, used or intended to attract attention to the subject matter that identifies, advertises, and/or promotes a product, good, service, place, person, firm, merchandise, point of sale or business. A sign also includes any 3 6 item attached to sign structures, such as balloons, streamers, pennants, flags, inflatables or similar devices intended to attract attention. SIGN is any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject mattcr for advcrtising purposcs other than paint on the surface of a building. SIGN STRUCTURE is any structure which supports or is capable of supporting any sign as defined in this code. A sign structure may be a single pole and may or may not be an integral part of the building. SHALL is defined to have the following meaning: (a) With respect to the functions and powers of the Director of Community and Economic Development, Code Administration Manager, any agents and employees of the City of Yakima and any board authorized hereunder, a direction and authorization to act in the exercise of sound discretion and in good faith; (b) With respect to the obligations upon owners and occupants of premises and their agents, a mandatory requirement to act in compliance with this code at the risk of civil and criminal liability upon failure so to act. STRUCTURE is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. (Ord. 3400 § 4, 1991: Ord. 3150 § 4, 1988: Ord. 2901 § 4, 1985: Ord. 2674 § 4, 1983: Ord. 2461 § 9, 1980). 11.08.029 Amendment to Section 301. Section 301 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Sec. 301. Permits Required. A sign shall not hereafter be erected, re -erected, constructed, altered or maintained, except as provided in this codcthe Yakima Municipal Code and after a permit for the same has been issued by the building official. A separate permit shall be required for a sign or signs for each business entity, and a separate permit shall be required for each group of signs on a single supporting structure. In addition, electrical permits shall be obtained for electric signs. Any permit granted hereunder may be suspended or revoked by the Code Administration Manager if he finds that said permit was issued in error or in violation of this code or any other ordinance of the City of Yakima. (Ord. 3400 § 5, 1991: Ord. 3150 § 5, 1988: Ord. 2901 § 5, 1985: Ord. 2674 § 5, 1983: Ord. 2461 § 10, 1980). 11.08.030 Amendment to Section 303. Section 303 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: 4 7 Sec. 303. Exceptions. The following signs shall not require a permit. These exceptions shall not be construed as relieving the owner of any sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this code or any other law or ordinance regulating the same. 1. The changing of the advertising copy or message on a painted or printed sign, theater marquee, and similar signs specifically designed for the use of replaceable copy. 2. Painting, repainting, or cleaning of an advertising structure or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires sign permits unless a structural or electrical change is made. 3. Temporary signs as defined and regulated under Chapter 15.08 and decorations customary for special holidays such as Independence Day or Christmas erected cntircly on privatc property. 4. Real estate signsPortable signs 6 square fect or Icsc in arca offcring the immediate premises for sale, lease or rent. as defined and regulated under YMC 15.08.155. 5. Non electrical and non illuminated signs of 2 square feet or less in area erected on private property. 6. Bulletin board not over 12 square feet in area. for each public, charitable, or religious institution when the same is located on the premises of said institution. 7. Temporary signs denoting the architect, engineer, or contractor when placed upon work under construction and not exceeding 32 square feet in area. 68. Memorial signs or tablets, names of buildings, and dates of erection, when cut into any masonry surface or when constructed of bronze or other incombustible materials. 7 . Signs of public service companies indicating danger and/or service or safety information. (Ord. 2461 § 3 (part), 1980: Ord. 1807 § 1, 1975: Ord. 1788 § 1, 1975: Ord. 1716 § 1, 1974: Ord. 1638 § 1 (part), 1974). 11.08.040 Amendment to Section 304. Section 304 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Sec. 304. Fees. A sign permit and plan check fee shall be paid in accordance with Yakima Municipal Code 11.04.030, Table 3A 2. of the Uniform Building Codc adoptcd by Chaptcr 11.0'1 of the City of Yakima Municipal Code. 5 8 (Ord. 2890 § 1, 1985: Ord. 2461 § 3 (part), 1980: Ord. 1880 § 26, 1975: Ord. 1638 § 1 (part), 1974). 11.08.050 Amendment to Section 305. Section 305 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Sec. 305. Maintenance. (a) All signs, together with their supports, guys and anchors, shall be kept in repair and in proper state of preservation. (b) Upon the discontinuance or vacation of a business or activity, the owner or previous owner of the business or the person who conducted the activity shall remove or cause to be removed all signs in the city relating to such business or activity within thirty days from the discontinuance or vacation of the business or activity. In the event such removal is not accomplished within such thirty day period, the owner or person in possession or control of the property on which such signs are situated shall remove or cause to be removed all such signs within sixty days from the discontinuance or vacation of the business or activity. (c) Signs advertising a company or product no longer in business, a product no longer provided, or an activity or event no longer being offered in the City of Yakima shall be removed by the owner of the property or building within six months of notice issued by the Chief Building Inspector. (d) Signs painted on the walls of buildings advertising a company no longer in business, era product no longer provided or an activity or event no longer being offered in business in the City of Yakima shall be painted over to match the exterior surface of the building within thirty days of notice issued by the Chief Building Inspector. (Ord. 93-82 § 1, 1993; Ord. 2461 § 4, 1980: Ord. 1638 § 1 (part), 1974). 11.08.060 Amendment to Section 306. Section 306 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Sec. 306. Inspections. All signs for which a permit is required shall be subject to inspection by the Building Official and shall have painted on the surface of the sign the name of the sign erector and the 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. Footing inspections may be required by the Building Official for all signs having footings. The owner or other person responsible for a sign shall remove such sign at the order of the Building Official for lack of maintenance, as required by Section 11.08.050 of this chapter. 6 9 All signs may be re -inspected from time to time at the discretion of the Building Official. (Ord. 2461 § 5, 1980: Ord. 1638 § 1 (part), 1974). 11.08.070 Amendment to Table 4-B. (a) Table 4-B of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: TABLE 4-B PROJECTION OF SIGNS Clearance above Maximum Proiection grade Less than 8 feet Not permitted 8 feet to 9 feet 1'-0" 9 feet to 10 feet 2'-0" over 10 feet 2/3 the distance from building to a curb line or a maximum of 10 feet (b) No sign shall project within 2 feet of curb line. (c) No more than one-third of the height of any proiectinq sign shall exceed the height of the building to which it is attached. (Ord. 2461 § 6, 1980: Ord. 1638 § 1 (part), 1974). 11.08.075 Amendment to Section 403. Section 403 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Sec. 403. (a) General. Signs shall conform to the clearance and projection requirements of this section and Tables Nos. 4-B and 4-C. (b) Clearance from High Voltage Power Lines. Signs shall be located not less than 6 feet horizontally or 12 feet vertically from overhead electrical conductors which are energized in excess of 750 volts. The term "overhead conductors" as used in this section means an electrical conductor, either bare or insulated, installed above the ground, except when conductors are enclosed in iron pipe or other approval material covering of equal strength. (c) Clearance from Fire Escapes, Exits or Standpipes. Signs or sign structures shall not be erected in such a manner that a portion of their surface or supports will interfere with the free use of any fire escape, exit or standpipe. (d) Obstruction of Openings. Signs shall not obstruct openings to the extent that light or ventilation is reduced to a point below that required by this code. 7 10 Signs erected within 5 feet of an exterior wall in which there are openings within the area of the sign shall be constructed of noncombustible material or approved plastics. (e) Projection over Alleys. Signs or sign structures shall not project into a public alley below a height of 14 feet above grade, nor project more than 12 inches when the sign structure is located 14 feet to 16 feet above grade. The sign or sign structure may project not more than 36 inches into a public alley when the sign or sign structure is located more than 16 feet above grade. (f) Clearance from Streets. Except for political signs, Ssigns shall not project within 2 feet of the curb line. Such political signs shall not project into the roadway. Temporary signs shall not project into the roadway. No signs shall project into the clear view triangle. (Ord. 93-83 § 1, 1993). 11.08.077 Amendment to Section 703. Section 703 of the Uniform Sign Code, adopted by this chapter, is amended to read as follows: Section 703. Ground cignsSigns shall not project over public property,. far -beyond a legal setback provided, however, that political signs may project beyond a legal setback except for driveway andor corner clear yiew triangles, unless specifically allowed pursuant to the Yakima Municipal Code. (Ord. 93-83 § 3, 1993). 11.08.080 Prohibited signs and devices. In addition to those signs prohibited under Yakima Municipal Code section 15.08.050, fl he following signs or devices are specifically prohibited, and no person shall install or maintain any such prohibited sign: 1. All signs not complying with Washington State Highway Department regulations adjacent to state roads; 2. Any sign using the words "Stop," "Look," "Danger" or any other word, symbol or character which in the judgment of the chief building inspector would tend to confucc traffic or detract from any legal traffic control device; 2-4. Signs within twenty feet of intersections, alleys or driveways which obscure vision between the height of three and ten feet of the street or driveway grade; or 3 . Stationary motor vehicles, trailers and related devices utilized in an attempt to circumvent the intent of this code. (Ord. 1638 § 2 (part), 1974). 11.08.090 Removal of nonconforming signs. 8 11 A. All nonconforming signs shall be made to comply with the standards of this code or shall be removed within four years from the effective date of this code or any of its amendments. B. For those areas annexed or rezoned subsequent to the enactment of this code, the effective date for the removal or causing compliance of the then nonconforming signs shall be no later than four years from the date of annexation or rezoning as specified in subsection A of this section. (Ord. 1638 § 1 (part), 1974). 11.08.100 License required. No person, firm or corporation shall engage in the business of erecting, removing, servicing or maintaining signs as covered by this chapter without first having procured a license from the city clerk to conduct such business. Exceptions: A. Nothing contained in this section shall be construed to require a license from any persons having a lawful permit to do so, who shall submit a verified statement that he is the owner of the building or premises to which such signs, banners or billboards may be attached and that work done under such permit shall be performed exclusively by himself. A lawful tenant of a building with written permission from the owner and proof of tenancy may also perform work on a building under such permit exclusively by himself. B. Public service corporations holding a valid and existing franchise from the city and which have on file a general obligation bond may erect, remove and maintain purely directional signs indicating locations, guides, instructions and distances to the general public, without the necessity of procuring a license under this chapter. (Ord. 1638 § 1 (part), 1974). 11.08.110 License fee. The annual license fee for all licenses provided for by this chapter shall be one hundred fourteen dollars and twenty-six cents, payable in advance on or before January 1st of each year; provided, a license may be issued for any application filed after August 31st of any year on payment of one-half the annual license fee, which license shall expire and be subject to renewal on or before December 31st of that year. (Ord. 3143 § 14, 1988: Ord. 3002 § 14, 1987: Ord. 2736 § 15, 1983: Ord. 1880 § 27, 1975: Ord. 1638 § 1 (part), 1974). 11.08.120 Application for license. Application for any license required under this chapter shall be made on forms to be furnished for such purpose by the city clerk. Each application shall be accompanied with the license fee required therefor together with the bond specified under Section 11.08.140. (Ord. 1638 § 1 (part), 1974). 11.08.130 Revocation of license. Licenses granted under the terms of this chapter shall be nontransferable and may be revoked by the city manager on his finding that the license holder has violated any 9 12 provision of this chapter after a public hearing upon five days' notice. Such notice shall be served personally upon the licensee or by certified letter addressed to the licensee at the address given on the license application. (Ord. 1638 § 1 (part), 1974). 11.08.140 Liability insurance required. Before any license is granted under the terms of this chapter, and as a prerequisite thereto, the applicant will provide the city with a certificate of insurance as proof of commercial general liability insurance in the amount of one million dollars combined single limit bodily injury and property damage and two million dollars aggregate that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of the license and/or permit. The certificate of liability insurance policy shall name the city of Yakima, its elected officials, officers, agents, employees and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel the insurance without first giving the city thirty calendar days' prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the state of Washington. If the city is damaged by the failure of the applicant to maintain the above insurance or to so notify the city, then the applicant shall bear all costs attributable thereto. An expiration, cancellation, or revocation of the insurance policy or withdrawal of the insurer from the insurance policy automatically suspends the permit issued to the licensed sign installation company until a new insurance policy or reinstatement notice has been filed and approved as provided in this section. As a further condition of the issuance of any license, the applicant shall defend, indemnify, and hold harmless the city, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from the applicant's performance or nonperformance of its work relating to signs, including but not limited to the erection, servicing, maintaining and/or removing of a sign or signs in the city of Yakima. Applicants shall also comply with all other applicable insurance requirements found in the Yakima Municipal Code. The applicant also shall comply with all provisions of YMC 10.32.030, entitled "Liability insurance required." (Ord. 2009-21 § 2, 2009: Ord. 1638 § 1 (part), 1974). Section 2. If any section, subsection, paragraph, sentence or clause of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of the ordinance. Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. 10 13 PASSED BY THE CITY COUNCIL, signed and approved this 18th day of April, 2017. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: 11