Chapter 17.110 SIGN CODE

“Building inspector”

means the city of Forks building inspector.

“Commercial/industrial/residential districts”

means those land use designated areas as found within the Forks comprehensive plan, and upon adoption of a Forks zoning code, those districts identified in a Forks zoning code as adopted, or subsequently amended, by the city of Forks.

“Projecting sign”

means any sign which extends away from the building or structure to which it is attached.

“Public service sign”

means a permanent sign advertising for public or private “not for profit” purposes.

§ 17.110.020 Permit procedure – Permanent signage.

“Sign”

means any structure, or part thereof, or any device attached, painted, or represented on a structure, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device, or representation which is intended to draw attention to a product, service, business, or person, or institution or location.

(6)

“Banner”

means a strip of canvas or canvas-like material on which a sign may be painted, which is intended to convey information, attract attention to activities, services, places, subjects, people, public performances, or to convey a message.

(Ord. 430 § 2, 1997)

Application Required. An application to erect or construct a permitted sign, as described elsewhere within this chapter, shall be obtained from the city building inspector (Attachment A).[1] The application shall at a minimum include:

Name of the applicant;

Name of the business associated with the signage;

Name of the contact person for the erection or construction of the sign, if different from the applicant;

Description, including a drawing, of the sign to be erected or constructed.

[1]

Attachment A is attached to Ordinance No. 430 and can be found on file in the office of the city clerk/treasurer.

Review by Building Inspector. Upon receipt of a completed application, the city building inspector shall review the application for compliance with this chapter as well as any other applicable city ordinances to include building and zoning codes. A decision shall made within 10 days of receipt of the application and shall be made in writing.

The building inspector may request within the decision period additional information and upon delivering such a request in writing the 10-day period shall be waived.

The decision of the building inspector shall include an explanation of the appeals process noted within this chapter if the application is denied or modified.

If the application is denied, and the appeal is waived or upheld, the applicant may reapply within six months without incurring any additional fees or costs to reapply.

All approvals shall be deemed final unless a written appeal is filed with the building inspector within seven days of the date of the decision.

All decisions to modify or deny an application may be appealed.

Notice of the Decision. Notice of the building inspector’s decision on the application shall be provided in the following manner:

Mailed to the applicant;

Mailed to the property owners of record immediately adjacent to the property upon which the sign is to be located;

Posted on the property in a conspicuous location.

Issuance of Permit and Permit Fee. Upon the expiration of the appeal period, the building inspector is authorized to issue a sign permit; provided, that payment of $15.00 is obtained from the applicant.

(Ord. 430 § 3, 1997)

§ 17.110.030 Appeal process.

All decisions made by the building inspector are subject to appeal; provided, that the request for an appeal is filed with the city planning director with the following time periods:

Approvals: seven days from date of decision.

Denials and/or modifications: 15 days from date of decision.

Request for an appeal must be made in writing and must state specific reasons for which an appeal should be granted from the decision made by the building inspector.

Upon receipt of a properly filed appeal, the city planning director shall review the materials provided and may make additional inquiries of all parties involved. Within seven days of receipt of the appeal, the city planning director shall render a decision and shall do so in writing. That decision shall include information on how such a decision may be appealed. Notice of that decision shall be provided in the manner specified in FMC § 17.110.020(3).

Appeal of Planning Director’s Decision. An appeal of the planning director’s decision must be filed with the city clerk/treasurer within seven days from the date of decision. The appeal must be in writing and state specific reasons for the appeal. Notice of the appeal shall be published in the city’s journal of record and the appeal shall be forwarded to the Forks planning commission. The Forks planning commission shall hold a hearing on the appeal at their next regularly scheduled meeting. Upon conclusion of the hearing, the Forks planning commission shall render a decision on the appeal, which shall be put in writing by the chair of the commission.

Appeal of Planning Commission’s Decision to the City Council. An appeal of the planning commission’s decision can only be raised to the city council by either the owner of the proposed sign, or the party which had filed a written appeal with the city clerk/treasurer to initiate an appeal with the planning commission. Either of these parties may initiate an appeal within seven days of the planning commission’s decision by filing a written request for an appeal with the city clerk/treasurer. Said appeal shall be limited to the decision of the planning commission. All decisions of the city council shall be rendered in written form and shall be final.

(6)

Failure to comply with the appeal process noted above shall constitute a waiver of any and all rights to appeal that the applicant or other parties may have under this chapter.

(Ord. 430 § 4, 1997)

§ 17.110.040 Permitted signs.

In all districts noted within the adopted Forks comprehensive plan, and the subsequently adopted Forks zoning code, the following signs shall be permitted and may or may not require an application depending upon type:

A residential nameplate, which may be indirectly lighted, bearing the name of the occupant and not exceeding six square feet in advertising area. No permit required.

Identifying signs and/or bulletin board for a church, school, or other public or semi-public institutions, which may be indirectly lighted, not exceeding 32 square feet in advertising area; provided, that it is located no closer than two feet from any property line. Permit required.

No more than two signs advertising or identifying a subdivision or housing development; located on the premises thereof, unilluminated, not exceeding a total signage of 32 square feet in advertising area each and located no closer than two feet from any property line. Permit required.

Unilluminated signs not exceeding an advertising area of six square feet each and not more than two in number, pertaining to the sale, rental, or lease of the residential property upon which said sign(s) are located. Such signs must be of a temporary nature only. No permit required.

One sign which may be indirectly lighted, advertising a home occupation, not to exceed six square feet in advertising area, and attached to the main building. No permit required.

In the Forks comprehensive plan’s, and subsequent Forks zoning code’s, commercial and industrial districts, the following signs shall be permitted in addition to signs otherwise permitted by this chapter, and shall require a permit prior to installation:

Unilluminated signs not exceeding 24 square feet in advertising area and not more than two in number, pertaining to the sale, rental, or lease of the commercial or industrial property upon which said sign(s) are located. No permit shall be required for a standard sized real estate sale sign used commonly within the industry.

Public service signs which might illuminate, however, not exceeding 24 square feet in advertising area and not more than two in number; provided, that such signs shall not be subtracted from the property’s allowable advertising area.

One freestanding sign, located on the property associated with the commercial or industrial endeavor, which may be illuminated; provided, that it does not exceed 150 square feet per side and that this applied for sign when combined with all other signage does not exceed a maximum of 300 square feet of advertising area located on the premises to which the advertising pertains.

Flush mounted signs not to exceed 150 square feet in total advertising area, located on the premises to which the advertising pertains.

One roof top sign not to exceed 100 square feet per side to a maximum of 200 square feet of advertising area located on the premises to which the advertising pertains.

(f)

Off-premises signs not more than two in number, not to exceed 64 square feet in advertising area each, and must be located within two miles of the property or business to which the advertising pertains.

(g)

Notwithstanding any other provision in this chapter, a business may use temporary signs to advertise temporary business events, such as sales, grand openings or liquidation. The erection of such a sign will not require a permit from the building inspector and will be exempt from the requirements of this chapter.

(h)

No individual business, commercial or industrial, shall be permitted, regardless of the types of signs said business may or may not have, to have more than 350 square feet in total commercial advertising associated with the business on and off the business premises.

(Ord. 430 § 5, 1997; Ord. 432 § 1, 1997)

§ 17.110.050 Exempted signage.

Grandfathered Signage. Signs that are in place prior to the effective date of the ordinance codified in this chapter that do not meet the requirements of this chapter shall be allowed to remain until the business is discontinued, or the user of said sign wishes to change the shape, dimensions, or location of the sign. At that time the sign must be brought into conformance within 90 days. If a business is discontinued, the owners of that business shall be notified by the city to remove all signs connected with that business within 90 days.

General Exempted Signage. The following signs are not regulated by this chapter:

Traffic signs;

Street signs;

Legal notices;

National or state flags;

Holiday decorations;

(f)

Historic site markers;

(g)

Religious symbols;

(h)

Signs advertising community events or garage sales, if said garage sale sign is not up for more than one week. This exemption shall not waive compliance with other ordinances regarding temporary signage and city property;

Signs not intended to be viewed from a public right-of-way;

(j)

Window displays or point of purchase advertising displays (such as product dispensers, candy and pop machines).

Specific Exempted Signage. The following signage shall be exempt from this chapter:

Signs associated with a government agency or public policy;

Signs of a temporary nature associated with the promotion and sale of real estate;

Signs of a temporary nature associated with a construction company’s jobs;

Signs erected in connection with a political campaign. All political signage mush be removed within 10 days following the election. Political signs erected for candidates or campaigns that prevail in a primary may remain until 10 days after the subsequent general election if the candidate or campaign is subject to the general election.

(Ord. 430 § 6, 1997)

§ 17.110.060 General rules.

Good Repair. All signage shall be maintained in good repair and condition, well maintained, and in good working order. If the building inspector, after an on-site inspection, determines that the sign is not being maintained in good repair or condition, notice of failure to comply with this chapter shall be delivered to the owner of the sign.

The notice shall state that the owner has 30 days to bring the sign into compliance. In addition, the notice shall also state that the if the owner fails to make the noted changes, the city may make the changes or remove the sign at the owner’s expense.

After the 30 days within the notice has expired, the building inspector shall have the authority to make repairs, alterations, or remove the signage that is not in compliance. Costs associated with such an action shall be billed to the owner of the sign. Failure by the property owner to pay said costs within 90 days from date of mailing shall result in the city having the authority to place a lien against the property for these costs.

Projecting Signs. Signs shall not be allowed to project over a public right-of-way except in the Forks comprehensive plan’s, and subsequent Forks zoning code’s, commercial and industrial districts where they will be subject to obtaining a conditional use permit from the Forks planning commission. In those incidents, all projecting signs shall meet the following requirements:

Project signs shall not exceed 100 square feet (50 feet per side) in advertising area.

Projecting signs shall be no closer than nine feet six inches to the ground.

Projecting signs shall not project more than 10 feet over the public right-of-way nor come lower than two feet to the motor-traveled-way.

Projecting signs shall not be illuminated.

Allowable Height. No signage shall be allowed to exceed 35 feet in height, at the tallest point of the sign, measured from ground level.

Public Property/Public Right-of-Way. Unless permitted elsewhere within this chapter, no private signage shall be allowed to be placed upon public property or within the public right-of-way. In the case of illuminated signage next to the public right-of-way, indirect illumination, or internal illumination may be allowed; provided, that the lighting is shielded and/or aimed so that no direct light or glare falls within the right-of-way and/or lane of travel.

Prohibition against Strobes. No signage shall be illuminated in such a manner as to produce a strobe-type flashing effect.

(6)

Prohibition against Audible Signage. No signage shall be permitted to be equipped with an audible speaker or similar device.

(Ord. 430 § 7, 1997)

§ 17.110.070 Enforcement.

If the building inspector, after an on-site inspection, determines that a sign is in violation of this chapter, the inspector shall serve upon the owner or occupant of the premises upon which the sign is located a written notice that the sign is in violation of the sign ordinance. The notice shall set for the nature of the violations and also state if the violations are not corrected within 30 days of the notice, then the sign shall be removed by city personnel at the owner’s expense.

If a person upon which a notice has been served believes the sign conforms with the city ordinance, or needs additional time to correct the deficiency, then he may appeal the building inspector’s finding to the city planning director. The appeal shall be taken by giving written notice to the city clerk/treasurer within 10 days after the building inspector gives the notice. If notice is not timely given to the city clerk/treasurer, then the building inspector’s decision shall be final and binding.

Request for an appeal must be made in writing and must state specific reasons for which an appeal should be granted from the decision made by the building inspector.

Upon receipt of a properly filed appeal, the city planning director shall review the materials provided and may make addition inquiries of all parties involved. Within seven days of receipt of the appeal, the city planning director shall render a decision and shall do so in writing. That decision shall include information on how such a decision may be appealed.

(Ord. 430 § 8, 1997)

§ 17.110.080 Variance.

Who May Request. Any owner, business, or tenant may request a variance to the requirements of this chapter from the Forks planning commission.

Granting Agency. The written request for a variance must be submitted to the Forks planning commission via the city planning director and be accompanied by a $25.00 fee (which shall be used to defray the costs of public notice). Notice of the request shall be published within the city’s journal of record. The Forks planning commission shall hold a hearing on the request at their next regularly scheduled meeting. A decision shall be made and put into written form by the chair of the Forks planning commission.

Basis for a Variance. A variance shall not be granted unless it is found by the Forks planning commission that:

The applicant experiences unnecessary hardship due to this chapter, and that this hardship:

Does not result from the applicant’s own action; and

Arises from unique circumstances relating to the sign, the business advertised by the sign, or the location of the sign; and

The granting of such a variance will not adversely affect adjacent property.

Appeal from the Forks Planning Commission. An appeal of the Fork’s planning commission’s decision must be filed with the city clerk/treasurer within seven days from the date of decision. The appeal must be in writing and state specific reasons for the appeal. Notice of the appeal shall be published in the city’s journal of record an the appeal shall be forwarded to the Forks city council. The city council shall hold a hearing on the appeal at their next regularly scheduled meeting. Upon conclusion of the hearing, the city council shall render a decision on the appeal, which shall be passed in the form of a resolution.

(Ord. 430 § 9, 1997)

§ 17.110.090 Banners crossing SR 101.

Policy Associated with Banner Displays.

Banners shall be permitted only when they provide direct and positive benefits to the residents of the city of Forks and to separate community activities and city functions.

The design and message of the banner should make a strong impression upon residents and visitors viewing the banner.

The public works department may approve a request for a banner to be displayed across SR 101.

Procedures.

Before a banner is authorized by the public works director or their designee, the requester must complete a “banner reservation form” (Attachment B),[1] available from the city building inspector or from the city planning department.

[1]

Attachment B is attached to Ordinance No. 430 and can be found on file in the office of the city clerk/treasurer.

The requester must ensure that the following information is provided:

Name of organization sponsoring the activity, address and contact person;

Preferred location for the banner (north set of poles, and/or south set of poles);

Sketch of the banner;

Date of event, and dates during which the requester wants the banner displayed;

(v)

Material used for the banner.

Upon receipt of a banner reservation form, the public works director or their designee shall consider the request and make a determination as to whether or not to grant the request within seven to 10 business days from the date of receipt. The public works director or their designee will base their decisions on the following criteria:

Proposed design of the banner, including materials used;

Whether or not the proposed banner is intended for advertising for a profit making corporation or venture;

Whether or not the proposed banner protects and promotes the general health, safety, and/or welfare of the community;

Whether or not the proposed banner separates city functions and community activities from “for profit” activities of private enterprise, political issues and the messages of religious organizations.

Any decision of the public works director or their designee will be noted on the application and the applicant will be informed of the decision in writing in an expedient and cost-efficient manner. If the public works director or their designee denies the request, they will ensure that a written explanation is provided to the applicant clearly articulating the reason for the denial. Any applicant whose request has been denied may seek the review of that request by the mayor, provided they make such a request in writing. The mayor will provide a response to that request in writing within 10 business days from the date of the request for such review. If the applicant is not satisfied with the position of the mayor regarding the requested review, the applicant may seek a final review of that decision by the city council. However, such a request must be made in writing in advance of the meeting in order to ensure that the request is incorporated into the distributed agenda.

If the public works director or their designee is uncertain about whether or not the applicant’s request for displaying a banner conforms with the criteria found within this chapter, they may request that the city council make a determination on the application at its next meeting. Such a request for council review will be articulated in writing to the applicant.

Any decision of the city council shall be reflected in the council’s meeting minutes and also in a letter to the contact person associated with the banner request. All decisions of the city council are final.

Conflict between Requested Dates. In the event that there is a conflict between requesters for a given set of dates, the public works director or their designee shall make their decision as to which request will be given priority in the following manner:

City sponsored events;

Established community festivals such as Rainfest, 4th of July, Forks Fly-in, or Heritage Days;

Events that would have the most benefit to the community.

Permitted and Prohibited Banner Displays.

Permitted Displays. The following types of banners are permitted, upon approval of the city council:

Advertisements or promotions for nonprofit organizations or said organizations’ events;

Advertisements or promotions of community activities and/or festivals;

Activities sponsored by the city of Forks;

Athletic and special community events that are commercially sponsored when proceeds are used for community service projects or organizations;

(v)

Welcome messages for events such as, but not limited to, class reunions, conventions, conferences, athletic tournament participation, local winners of state or national events, etc.;

(vi)

Promotion of sales and/or money raising efforts on behalf of youth organizations for program support, nonprofit and community service organizations when a major portion of the profit will be for community and/or youth projects;

(vii)

Events that promote education or

(viii)

Nonpartisan and noncandidate voting information.

Prohibited Displays. The following are examples, and are not intended by the parties to be all inclusive, of the types of banner displays that are not permitted:

Personal messages for family members;

Promotion of a commercial enterprise “for profit” that is not associated with a fund raising activity for a community based nonprofit or not-for-profit organization;

Advertisements for religious organizations with a message not related to an allowed category;

Messages of political parties, political groups, or political candidates that are not related to an allowed category, or that are purely political in nature;

(v)

Advertisements for clubs or organizations for events which would be primarily for listed membership participation.

Banner Design. The following requirements shall apply to all permitted banners:

Banners shall be made of either sail cloth, canvas, or Tyvek material. No banner shall be made of plastic or reinforced plastic materials due to the lack of durability associated with said material when exposed to prevailing weather in Forks.

Banner design must be of at least that of a “semi-professional” nature in appearance.

Banners must be at least 30 feet in length and 25 inches in width, yet not wider than 40 inches.

Banners must have at least a two-and-one-half-inch hem on all four sides.

§ 17.110.100 Advertising off-premises activities prohibited.

Banners shall have five-eighths inch grommets in all four corners and at least every six feet running along the top and bottom edges.

(f)

Banners must have reinforced air flaps or slits to prevent sailing.

(Ord. 430 § 10, 1997; Ord. 577 § 1, 2010; Ord. 590 § 1, 2011)

Signs advertising any activity located off the site where the sign is located shall not be put up in Forks.

(Ord. 334, 1991)

§ 17.110.110 Temporary signage in city owned right-of-way or on city owned property.

Prohibition.

No sign of a temporary nature shall be affixed to nor attached to property owned by the city of Forks (e.g., road signs, utility poles, street lights, etc.), nor attached to property owned by a public utility (utility poles, signage, etc.), unless permitted as provided below.

No sign, erected as a temporary notice, other than official legal public notice, shall remain in place upon the city right-of-way for more than two days after the last date noted on the temporary notice for the event being advertised.

Penalty. The city police department shall cite violators of subsection (1) of this section via infraction and the penalty associated with such a violation shall be as follows:

First violation, $15.00 fine.

Second violation, $25.00 fine.

Third violation, $50.00 fine.

Fourth violation, $75.00 fine.

Fifth and subsequent violations, $150.00 fine.

In addition to the above fine, the court shall assess the appropriate amount for “court costs.”