A. 
Title. This chapter shall be known as the sign code.
B. 
Purpose and Scope. The purpose of this code is to protect the health, safety, property and welfare of the citizens of the city of Prosser (hereafter "city"), by establishing standards for the design, placement, size and maintenance of all signs and sign structures visible out of doors in the city.
C. 
The development of the city has resulted in an increase in the number of businesses located in the city, with marked increase in the number and size of signs related to those businesses. This proliferation of signs has resulted in a reduced effectiveness of individual signs. As the number, size and intensity of signs increase without regard to quality and placement, the impact of the individual sign is diminished.
D. 
Lack of control of signs may cause potentially dangerous conflicts between advertising signs and traffic control signs, thus destroying the effectiveness of both. The increase in automotive and truck traffic experienced within the city has aggravated this danger. Lack of control of signs may lead to sign clutter which may distract drivers and pedestrians, leading to accidents.
E. 
The uncontrolled use of signs and their shapes, motion, colors, illumination and their insistent and distracting demand for attention can be injurious to property values of both business and residential areas of the city, and may seriously detract from the enjoyment and pleasure of the natural beauty of the city.
F. 
The right of a business to identify itself contributes to the economic well-being of the community. This right can be exercised in such a way as to bring great benefit to the public without affecting the welfare of the business. The responsible regulation of signs may, in fact, improve business opportunity and the effectiveness of individual signs as a result of the increased attractiveness of the city's environment.
(Ord. 2761 § 3, 2012)
Unless the context otherwise requires, the definitions in this section apply throughout this chapter. The definitions of the International Building Codes supplement these definitions.
A. 
"Abandoned sign"
means any sign located on property that is vacant and unoccupied for a period of four months or more.
B. 
"Awning sign"
means a sign affixed to a fixed or retractable canvas (or other sturdy fabric), wood or metal covering, erected over a window, door, balcony or deck.
C. 
"Banner sign"
means a sign consisting of a piece of fabric or similar material, attached by one or more edges to a pole or staff or other device, or to a building facade, intended for display.
D. 
"Blade sign"
means a sign that is attached to a building, or to a projection from a building, and is perpendicular to the front of a building.
E. 
"Building facade"
means that portion of any exterior elevation of a building extending from the grade of the building to the top of the parapet wall or eaves for the entire width of the building elevation.
F. 
"Canopy sign"
means a sign attached to a freestanding structure affording protection from the elements to persons or property thereunder.
G. 
"Electronic message board"
means an electronic sign that is changed electronically and that is illuminated by light bulbs, light-emitting diodes, fiber optic, plasma, cold cathode, EL wire, or other similar technology.
H. 
"Externally illuminated sign"
means a sign that has lighting directed onto its surface externally.
I. 
"Flags"
means a fabric sign attached to a pole, including, but not limited to, official flags of the United States of America, states of the United States, counties, municipalities, official flags of foreign nations, and flags of nationally or internationally recognized nonprofit organizations.
J. 
"Freestanding sign"
means a single-faced or multifaced sign, supported from the ground by one or more columns, uprights, braces or similar support structure, and not attached to any building.
K. 
"Freeway sign"
means a freestanding sign designed and placed to attract the attention of freeway traffic on Interstate 82.
L. 
"Internal illuminated sign"
means an illuminated sign having an opaque surface, allowing its contents to be read.
M. 
"Internal illuminated letter sign"
means an illuminated sign where the sign's contents are separately lit from inside the letters or logos.
N. 
"Marquee"
means a roof-like projection over the entrance to a store, theater, hotel, or similar building.
O. 
"Marquee sign"
means a sign attached to a marquee.
P. 
"Neon sign"
means luminous-tube signs that contain neon or other inert gases at a low pressure which glow brightly when high voltage is applied to them.
Q. 
"Parapet"
means that portion of a building wall which extends above the roof of the building.
R. 
"Public sign"
means signs placed in the right-of-way.
S. 
"Reader board"
means a sign consisting of tracks to hold the sign's content to allow frequent changes.
T. 
"Roof sign"
means a sign on the roof or attached behind the parapet of a building that is also attached to the roof or parapet.
U. 
"Sandwich board sign"
means a portable sign consisting of two sign faces hinged at the top and separated at the bottom to make itself standing.
V. 
"Sign"
means any object, device, display, structure or part thereof, situated indoors or out, which is used to identify, display, advertise, direct or attract attention to an object, person, organization, institution, business, product, service, event, location or message by any means including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.
W. 
"Sign area"
means the smallest circle(s), triangle(s) or rectangle(s), which will enclose the individual actual sign face. The supporting structure, which does not contain any part of the sign face, is not included in this definition. If a sign has back-to-back display faces, the area of only one face will be considered the sign area. If a sign has more than one face, all areas which can be viewed simultaneously will be considered the sign area.
X. 
"Temporary sign"
means a nonpermanent sign not otherwise defined in the sign code intended for use for a limited period of time.
Y. 
"Wall sign"
means a sign attached parallel to, but within six inches of, a wall, painted on a building surface, or erected and confined within the limits of the building facade and which displays only one sign face.
Z. 
"Window sign"
means a sign placed within or on a window.
(Ord. 2761 § 4, 2012; Ord. 2971 § 3, 2016)
Unless the context otherwise requires, the definitions in this section apply throughout this chapter.
A. 
"AT"
means any property zoned agri-tourism district on the city's zoning map.
B. 
"C"
means any property zoned commercial neighborhood district, commercial general district, commercial downtown district except any portion thereof included in HDP, commercial thoroughfare district, commercial professional district, or public facility district on the city's zoning map.
C. 
"HDP"
means property located in the outlined area within the map (Figure 1) below:
Figure 1
D. 
"I"
means any property zoned industrial light district, industrial heavy district, or agri-business on the city's zoning map.
E. 
"R"
means any property zoned residential rural district, residential low density district, residential manufactured home subdivision, residential manufactured home park district, residential medium density district, residential high density district, steep slope residential district, or urban residential district on the city's most recently adopted zoning map.
(Ord. 2761 § 5, 2012; Ord. 2971 § 4, 2016)
Except as otherwise provided for in this chapter, the following signs are prohibited in all zoning districts:
A. 
Signs attached to utility poles or to street light/traffic control standards;
B. 
Signs attached to trees or rocks;
C. 
Signs that swing;
D. 
Signs that pose a safety or traffic hazard;
E. 
Abandoned signs;
F. 
Signs containing flashing, blinking, rotating, pulsating, or strobe lights;
G. 
Signs that restrict ingress or egress from a property or building;
H. 
Unless placed by a governmental agency, signs on property owned by a governmental agency;
I. 
Signs containing reflective materials including, but not limited to, foil, mirrors, bare metal that could create hazardous conditions to motorists, cyclists, or pedestrians; and
J. 
Roof signs.
(Ord. 2761 § 6, 2012; Ord. 2971 § 5, 2016)
The following matrix summarizes the types of signs permitted in each zone as defined in Section 18.72.030, with "P" signifying that the sign is permitted and "NP" signifying that the sign is not permitted:
Sign Type
AT
C
HDP
I
R
Abandoned Sign
NP
NP
NP
NP
NP
Awning Sign
P
P
P
P
NP
Banner Sign
P
P
P
P
NP
Blade Sign
P
P
P
P
P
Canopy Sign
P
P
NP
P
NP
Electronic Message Board
P
P
NP
P
NP
Externally Illuminated Sign
P
P
P
P
P
Flags
P
P
P
P
P
Freestanding Sign
Large Freestanding Sign
P
P
NP
P
NP
Medium Freestanding Sign
P
P
NP
P
P
Small Freestanding Sign
P
P
P
P
P
Freeway Sign
P
P
NP
P
NP
Garage Sale Sign
NP
NP
NP
NP
P
Internal Illuminated Sign
P
P
NP
P
NP
Internal Illuminated Letter Sign
P
P
P
P
NP
Marquee Sign
P
P
P
NP
NP
Neon Sign
P
P
P
P
NP
Reader Board
NP
P
NP
NP
NP
Sandwich Board Sign
P
P
P
P
NP
Wall Sign
P
P
P
P
P
Window Sign
P
P
P
P
P
(Ord. 2761 § 7, 2012; Ord. 2971 § 6, 2016)
Except as otherwise provided for in the sign code, the following matrix summarizes signs requiring a sign permit, maximum heights at which sign may be located above grade, maximum sign areas of a sign and other sign restrictions:
Sign Type/Sign Permit
Maximum Height of Sign above Grade
Maximum Sign Area of Sign
Additional Restrictions
Awning Sign.
A sign permit is required.
Must be contained within the exterior dimensions of the awning
20 percent of the building facade
It may not be on a building facade facing an alley.
It may have a blade sign with a sign area less than 3 square feet attached underneath the awning, provided the sign has a minimum of 8 feet of clearance from the sidewalk or surface grade.
Banner Sign.
A sign permit is required.
Cannot extend above the building facade
25 square feet
May only be displayed for 2 weeks in any 3-month period.
It shall not be on a building facade facing an alley.
If on a building facade, it shall be securely anchored to the building facade.
Only 1 banner sign may be displayed on any one parcel at any one time.
Such signs shall not be included in determining the maximum permissible sign area under Section 18.72.080.
Blade Sign.
A sign permit is required.
Cannot extend more than 10 feet above the parapet
24 square feet
It must be set back at least 2 feet from the edge of the curb.
It must have a minimum clearance of 8 feet above the sidewalk surface or grade of the surface, whichever is higher.
Canopy Sign.
A sign permit is required.
Cannot extend above or below the face of the canopy structure
Electronic Message Board.
A sign permit is required.
30 feet
100 square feet
It may not change messages or images more than once every 15 seconds.
Messages may not contain any images or text which scrolls, flashes, pulses, blinks, changes in size, rotates or expands.
Any electronic sign with a changing message may not emit a solid green light or be of such brightness as to cause a hazard to the traveling public.
It shall not be on a building facade facing an alley.
It may be a freestanding sign subject to the restrictions for freestanding signs.
Site review in accordance with Section 18.75.040 is required.
A conditional use permit in accordance with Section 18.75.050 is required if the sign will be located within 500 feet of an R zoning district.
Externally Illuminated Sign.
A sign permit is required even if the underlying sign type is exempt.
Same as the underlying sign type
Same as the underlying sign type
This section of the matrix applies to any sign that is externally illuminated and it is intended as an overlay to all other sign types.
Any sign that is externally illuminated must go through site review in accordance with Section 18.75.040 unless it is in a window. Internal lights from an awning or from inside of a window shall not be considered to externally illuminate a sign.
Any sign type that prohibits sign illumination may not be externally illuminated.
Flags.
No sign permit is required.
35 feet
100 square feet
Not more than 3 flags on any 1 parcel.
Freestanding Signs.
Large Freestanding Sign.
A sign permit is required.
30 feet
100 square feet
Not more than 1 large freestanding sign is permitted on any one parcel, except for parcels on which freeway signs may be erected. On such parcels, 1 freeway sign and 1 large freestanding sign may be erected. It must be set back from all buildings on the site by at least 15 feet and set back from the edge of right-of-way by at least 5 feet. It may not encroach on right-of-way without a right-of-way use permit.
Site review in accordance with Section 18.75.040 is required.
Medium Freestanding Sign.
A sign permit is required.
8 feet
40 square feet
Not more than 4 signs may be permitted without the approval of a conditional use permit in accordance with Section 18.75.050.
Any sign type that prohibits illumination may not be illuminated.
It shall not be included in determining the maximum permissible sign area permitted on a parcel, under Section 18.72.080.
Small Freestanding Sign.
No sign permit is required.
3 feet
6 square feet
May not be illuminated in an R district.
No more than 4 signs in an R district and no more than 12 signs in any other district without the approval of a conditional use permit in accordance with Section 18.75.050.
It shall not be included in determining the maximum permissible sign area permitted on a parcel, under Section 18.72.080.
Freeway Sign.
A sign permit is required.
100 feet
If it is less than 30 feet high, 100 square feet.
If it is between 30 feet and 50 feet in height, 200 square feet.
If it is between 51 feet and 80 feet in height, 300 square feet. Between 81 feet and 100 feet high, 400 square feet. If the sign owner, by deed restriction, gives up his or her right to a second freestanding sign, then the freeway sign between 81 feet and 100 feet may be 475 square feet.
It may only be located within 400 feet of the edge of right-of-way of Interstate 82.
On properties with a freeway sign, 1 secondary freestanding sign is permitted.
Site review in accordance with Section 18.75.040 is required.
The sign must comply with Chapter 47.42 RCW as it now exists or as it may hereafter be amended or recodified.
The city's approval of all freeway signs is subject to the approval of WSDOT. Any change required by WSDOT will be incorporated into the city's sign permit.
Internal Illuminated Letter Sign.
A sign permit is required even if the underlying sign type is exempt.
Same as the underlying sign type
Same as the underlying sign type
This section of the matrix is intended as an overlay to all other sign types.
Any sign type that prohibits sign illumination may not be internally illuminated.
Unless it is within a window, if it is within 300 feet of an R zoning district, it must go through site review in accordance with Section 18.75.040.
Internal Illuminated Sign.
A sign permit is required even if the underlying sign type is exempt.
Same as the underlying sign type
Same as the underlying sign type
This section of the matrix applies as an overlay to all other sign types.
It must go through site review in accordance with Section 18.75.040.
Any sign type that prohibits sign illumination may not be internally illuminated.
Unless it is within a window, if it is within 300 feet of an R zoning district, it must go through site review in accordance with Section 18.75.040.
Marquee Sign.
A sign permit is required.
Cannot extend above or below the marquee to which the sign is attached
20 percent of the building facade
The marquee cannot extend above the building facade.
Neon Sign.
Unless displayed in a window, a sign permit is required.
Cannot extend above the top of the building facade
10 percent of the building facade
Unless it is a window, if it is within 300 feet of an R zoning district, then it must go through site review in accordance with Section 18.75.040.
Reader Board.
A sign permit is required.
6 feet
32 square feet
Changing of removable letters does not require an additional sign permit. It may be part of another sign provided it complies with the restrictions applicable to that sign type.
Sandwich Board Sign.
A sign permit is required.
4 feet
9 square feet
It shall be made of plywood, dimension lumber, plastic, Masonite or similar weather-resistant material and must be a 2-faced, A-frame style sign and must be readily movable with no permanent attachment to a building, structure or the ground.
No materials, such as papers, balloons, windsocks, or similar items may be added to the sign to increase its height or width.
It shall not be electrified, illuminated, or have mechanical or moving parts.
Signs placed on a sidewalk must comply with Section 12.16.030.
Such signs shall not be included in determining the maximum permissible sign area permitted on a parcel, under Section 18.72.080.
Temporary Sign.
A sign permit is not required.
10 feet
32 square feet
Except as otherwise provided in the sign code, the aggregate area of all temporary signs placed or maintained on any parcel of private real property in one ownership shall not exceed 64 square feet maximum, and the area of any single sign shall not exceed 32 square feet maximum.
Except as provided for in Section 18.72.070, no temporary sign shall be displayed for more than 14 consecutive days in any 3 consecutive months.
Such signs shall not be included in determining the maximum permissible sign area/the maximum total number of signs permitted on a parcel, under Section 18.72.080.
No more than 20 temporary signs may be located on any one property parcel assigned a separate parcel number by Benton County, Washington.
Wall Sign.
A sign permit is required.
Cannot extend above the building facade
20 percent of the building facade
Window Sign.
A sign permit is not required.
Must be contained within a window
It shall not be included in determining the maximum permissible sign area permitted on a parcel, under Section 18.72.080.
(Ord. 2761 § 8, 2012; Ord. 2971 § 7, 2016)
Temporary signs may be placed on private property or within right-of-way controlled by the city for not more than thirty days before and fifteen days after any election on which city voters may cast a vote. If the sign is placed in property or right-of-way controlled by the city and that right-of-way is maintained by a private property owner(s), then the consent of the adjacent property owner shall be obtained in writing before the temporary sign is placed on such property or within such right-of-way. If the sign posts are more than twelve inches below grade, then before it is placed in the right-of-way, the person placing the sign must call for a utility locate and not locate the sign where any underground utility is located in accordance with Chapter 19.122 RCW.
(Ord. 2761 § 9, 2012; Ord. 2971 § 8, 2016)
The maximum sum of all sign areas for all signs located on a building or a parcel shall not exceed twenty percent of the largest single building facade facing on a public street. The sign area of freestanding signs and freeway signs shall be excluded when calculating the maximum sign area in this section. For the purposes of this section, an alley shall not be considered a street.
(Ord. 2761 § 10, 2012; Ord. 2971 § 9, 2016)
Compliance with the following guidelines is encouraged in the HDP district:
A. 
Signs should contribute to the pedestrian-oriented character of the HDP district.
B. 
Signs should be designed to blend into the historical character of the HDP district.
C. 
Externally illuminated signs and neon signs are encouraged.
D. 
Wall signs should be designed and located appropriately to the building's historical character and design.
E. 
Wall signs should not cover architectural features of the buildings, and should be centered.
F. 
Business owners in buildings are encouraged to use the minimum number of signs possible to convey their advertising message.
G. 
Business owners in buildings are encouraged to use the smallest percentage of sign face possible to convey their advertising message.
H. 
Blade signs should not exceed two square feet for each ten linear feet of the building facade's height.
I. 
Signs in alleys are discouraged.
J. 
Window signs should complement the display in the window.
(Ord. 2761 § 11, 2012; Ord. 2971 § 10, 2016)
Nothing in this chapter shall be interpreted to regulate the content of any sign.
(Ord. 2761 § 12, 2012; Ord. 2971 § 11, 2016)
A. 
Unless exempt, no sign governed by this code shall be erected, altered or relocated from and after the date of adoption of this code without a permit issued by the city.
B. 
Permit applications shall be available for inspection by the public upon request.
C. 
Applications for sign permits shall be submitted upon forms provided by the city administrator, or his designee, and shall consist of all materials required by the applicable sign regulations or other city ordinances, and shall include, but not be limited to, the following general information:
1. 
A completed project permit application form;
2. 
A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent of all owners of the affected property;
3. 
A site plan showing the location of the sign;
4. 
A scaled drawing of the largest building facade on the applicant's property showing the height and width of such building facade;
5. 
A drawing of the sign showing its size, and construction details;
6. 
For exterior signs, a vicinity map showing at least one block in each direction of the applicant's property and identifying the applicant's property; and
7. 
Such other pertinent information as the city administrator, or his designee, may require to ensure compliance with the sign code and other applicable ordinances.
D. 
Fees shall be submitted with the application in the amount set forth in Title 20.
(Ord. 2761 § 15, 2012)
A. 
Structural Requirements. The structure and erection of signs within the city shall be governed by Chapters 2 and 4 of the Uniform Sign Code, 1985 Edition (or by superseding edition adopted by the city), which is adopted and made a part hereof by this reference, and the International Building Codes adopted by the city in Chapter 15.04. Not less than one copy of said codes is on file in the office of the city clerk. Compliance with the Uniform Sign Code and International Building Codes shall be a prerequisite to issuance of a sign permit under the sign code.
B. 
Sign Illumination. Illumination from or upon any sign shall be located, shaded, shielded, directed or reduced so as to avoid undue brightness, glare or reflection of light on private or public property in the surrounding area, and so as to avoid unreasonably distracting pedestrians or motorists. "Undue brightness" is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street.
C. 
Sign Maintenance. All signs, including signs heretofore installed, shall be constantly maintained in a state of security, safety and repair. If any sign is found not to be so maintained or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is located to repair or remove the sign within five days after receiving notice from the city. The premises surrounding a freestanding sign shall be free and clear of rubbish and shall be surrounded by a landscaping area free of weeds.
D. 
Sign Obstructing View or Passage. No sign shall be located so as to physically obstruct any door, window or exit from a building. No sign shall be located so as to be hazardous to a motorist's or pedestrian's ingress and egress from parking areas or any way open to the public. All signs shall comply with sight distance requirements.
E. 
Landscaping or Barrier for Freestanding Signs and Freeway Signs. All freestanding signs and freeway signs shall include landscaping or a barrier at their base to prevent automobiles from hitting the sign-supporting structure and to improve the overall appearance of the installation. The area shall be a minimum of six feet in all directions around the base of the sign. All required landscaping or barriers must be installed within sixty days of completion of the sign installation, unless the city grants an extension in writing for reasons of weather, good planting practices, or unforeseeable construction delay.
F. 
Sign Inspection. All sign users shall permit the periodic inspection of their signs by the city upon the city's request, in accordance with Section 18.72.160.
G. 
Conflicting Provisions. Whenever two provisions of this code overlap or conflict with each other with regard to the size or placement of a sign, the more restrictive provision shall apply.
(Ord. 2761 § 16, 2012; Ord. 2971 § 14, 2016)
A. 
Signs Eligible for Characterization as Legal Nonconforming. Any sign located within the city limits on the date of adoption of the ordinance codified in this title, or located in an area annexed to the city thereafter, which does not conform with the provisions of this code, shall be considered a legal nonconforming sign and is permitted, provided it also meets the following requirements:
1. 
The sign was covered by a sign permit on the date of adoption of the ordinance codified in this title if one was required under applicable law; or
2. 
If no sign permit was required under applicable law for the sign in question, the sign was in all respects in compliance with applicable law on the date of adoption of the ordinance codified in this title; or
3. 
If the city is unable to determine whether the sign complies with either subsection (A)(1) or (A)(2) of this section, then the sign shall be considered legal nonconforming in accordance with this section of the sign code.
B. 
Loss of Legal Nonconforming Status. A legal nonconforming sign shall immediately lose its legal nonconforming designation if:
1. 
The sign is altered in any way in structure or copy (except for changeable copy signs and normal maintenance) which makes the sign less in compliance with the requirements of this code than it was before the alteration; or
2. 
The sign is relocated; or
3. 
The sign is replaced.
On the occurrence of any of subsection (B)(1), (B)(2), or (B)(3) of this section, the sign shall be immediately brought into compliance with this code and a new permit secured therefor, or the sign shall be removed by the owner.
C. 
Maintenance and Repair of Legal Nonconforming Signs. Nothing in this section shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this code regarding safety, maintenance, and repair of signs.
(Ord. 2761 § 17, 2012)
A. 
The city administrator, or his designee, shall be responsible for administration of the sign code and may adopt rules for the implementation of the sign code; provided the city administrator complies with Chapter 2.115.
B. 
The building official, or his designee, is empowered to enter or inspect any building, structure or premises in the city, upon which or in connection with which a sign, as defined by this code, is located, for the purpose of inspection of the sign, its structural and electrical connections, and to ensure compliance with the provisions of this code. Such inspections shall be carried out during business hours, unless an emergency exists.
C. 
Violation—Penalty.
1. 
The violation of or failure to comply with any provision of this chapter is declared to be unlawful.
2. 
The first violation of the sign code by a person in any twelve-month period shall be a Class 1 civil violation (infraction) with a penalty of two hundred fifty dollars plus any state assessments, and shall be issued, adjudicated, and prosecuted as provided for in Chapter 1.40.
3. 
A person who commits a second violation of the sign code in any twelve-month period shall be guilty of a misdemeanor punishable by a maximum fine of one thousand dollars or ninety days in jail, or both such fine and jail.
(Ord. 2761 § 18, 2012; Ord. 2971 § 15, 2016)
If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter.
(Ord. 2761 § 19, 2012)