HomeMy WebLinkAboutPermit L94-0063 - CITY OF TUKWILA - NON-CONFORMING SIGN CODE AMENDMENTL94 -0063
NON - CONFORMING SIGN AMORTIZATION CODE AMENDMENT
COMPREHENSIVE LAND USE PLAN COMPREHENSIVE PLAN
TO: Community Affairs'and Parks Committee
FROM: Rebecca Fox, DCD
DATE: November 22, 1994
RE: Amortizing Nonconforming Signs
Background:
The City Council has expressed its concern about the number of non-
conforming signs along Pacific Highway South (SR 99). The Council
asked DCD prepare an amortization provision for the Sign Code. As
preparation, interns conducted a sign inventory for the SR99
corridor in late 1993 -early 1994.
Discussion: Amortizing Nonconforming Signs
Sign owners expect a reasonable rate of return from their
investment. Removing or reducing the size of a sign limits or
lessens the potential income stream. Therefore, owners expect some
compensation for their legally - installed, currently nonconforming
signs. Compensation for signs can come either through direct
payment to the owner or through amortization. Since the City does
not have the funds to pay owners for their nonconforming signs,
amortization appears a more realistic possibility.
In general, eliminating existing uses within a reasonable time
neither amounts to a taking of property nor does it necessarily
restrict the use of property so that it cannot be used for any
reasonable purpose. My review of literature indicates that
amortization periods ranging from three to five years have
generally been upheld by courts.
The basic legal issue is whether the amortization provisions
achieve the "proper" balance between public gain (mostly upgrading
the community's appearance) and private loss (mostly financial)
such that our action does not amount to a taking and /or the
amortization period that allows the owner to recoup all or some of
his investment amounts to just compensation. Use of a reasonable
amortization scheme provides an equitable means of reconciliation
of the conflicting goals.
Based on staff review of literature and discussions with other
cities, the City of Tukwila appears to be on fairly safe ground in
enforcing the current Sign Code's non - conformity provisions for on-
site signs. Including an amortization or "sunset /drop dead"
provision would provide a relatively safe mechanism for sign
removal and should serve to placate the sign owners somewhat.
The more we can tailor our amortization schedules to the individual
sign owner, the more equitable and legally defensible amortization
will be perceived to be. This, however, would be more complex to
develop and administer.
Additional work:
Successfully implementing this provision will require significant
work for staff. First, however, DCD management will need to
clarify internally that the Sign Code's existing non - conforming
conditions provide adequate guidance for phasing out non - conforming
signs, and how aggressively the provisions should be enforced.
We will need to obtain some additional information about the signs
and the impacts of their removal. It would be desirable (but not
at all necessary) to inventory all the City's signs in order to get
a better idea of how many signs (and property owners) will be
affected. In addition, we will need to learn more about signs- -
including the typical lifetime of a sign, and the costs of
removing /modifying free - standing signs.
Any new nonconforming sign /amortization ordinance will require
considerable administrative manipulation to be effective. Prior to
the passage of any legislation, staff will need to coordinate how
nonconforming signs will be handled internally through the
permitting process. We will need to develop an internal enforcement
protocol, and an education strategy with materials for business
owners. Many of the businesses probably don't even know that their
signs are nonconforming, much less due to be amortized.
Notification and education could be done either by mail, and /or
with an intern who would be responsible for visiting all businesses
with non - conforming signs.
If we choose to value signs individually for amortization purposes,
staff will be needed to log all nonconforming signs and determine
at what time they are to be removed.
If we choose to issue nonconforming sign permits, we would need to
design the form and monitor the permits and their duration. After
this, staff time would be needed to monitor the schedule to be sure
that the signs are actually removed at the appointed time. Once
the amortization period ends, we may need added enforcement actions
to remove non - conforming signs which do not go away. By passing a
nonconforming sign ordinance, we should be sure that we are willing
to prosecute sign owners unwilling to comply with the nonconforming
sign provisions.
Options:
We want a defensible, straight- forward, staff- efficient way to
clean up Tukwila's signs (especially those on Highway 99), while
protecting the City from legal challenges. To ensure this, we need
to make some basic choices:
CHOICES:
What types of signs will the ordinance address?
1) The ordinance shall apply to all non - conforming signs,
including billboards;
2) The ordinance shall apply only to on- premise signs, excluding
billboards;
3) The ordinance shall apply only to certain on- premise signs i.e.
highest priority as determined by council /staff /Highway 99 Task
Force. Typically, this will be free - standing signs only, and we'll
leave wall signs alone.
Are our existing code's nonconformity provisions sufficient to
enable us to going?
1)Nonconforming signs must obtain (a new and not - yet - developed)
nonconforming sign permit;
2) We will simply enforce the code which we have, and will start
enforcement by keeping closer tabs on business owners when they
have contact with the City through various permits. Businesses
with non - conforming signs will be denied permits until they fix the
signs
By what means should business owners be compensated for bringing
their signs into conformity?
1) The City of Tukwila should provide direct, monetary
compensation to business owners for their signs.
2) The City of Tukwila should use an amortization schedule to
compensate owners for their signs, enabling them to depreciate
their investment via tax write -offs.
What is a reasonable duration for amortizing signs?
1) The courts have generally favored longer amortization periods
over shorter ones.
How should we structure the amortization schedule?
1) The schedule should be the same for all nonconforming signs;
2) The schedule should be based on individual factors (i.e. the age
and value of individual sings) and with different durations to
enable individual sign owners the opportunity to recoup their
investment.
How should we deal with hardship cases among businesses?
1) We will establish a process and a threshold to exempt individual
businesses and signs in cases of extreme hardship.
2) All businesses will be required to comply with the amortization
schedule and methods regardless of hardship.
How will we address the significant signs identified in the Highway_
99 sign inventory?
1) We will develop a method to identify and designate
unique /significant signs for preservation;
2) All nonconforming signs will be treated the same regardless of
"significance."
to by the SR99 Task Force, the CAP and the Planning Commission.
CASE STUDY III - SIGN AMORTIZATION PROGRAM.
•
SIGN CODE
35
228.10.200 Nonconforming signs (Ord. 3683, 7-21-86, Section 9)
A. General. To ease the economic impact of this code on businessmen with substantial investment in
signs in existence on the date of adoption of this code, this section provides for up to nine years of
continued use of a nonconforming sign in its existing state. During this period, it is expected that the
sign may be amortized on federal income taxes; however, whether it may be so amortized shall not
affect the application of this section. Similar treatment is accorded signs in areas annexed to the city
after the code's enactment.
B. Nonconforming Signs.
1. Notification of Nonconformity or Illegality. The sign code administrator shall, as soon as practical,
survey the city for signs which do not conform to the requirements of this code. Upon determina-
tion that a sign is nonconforming or illegal, the administrator shall use reasonable efforts to so
notify, either personally or in writing, the sign user or owner of the sign and where practical the
owner of the property on which the sign is located of the following; provided, that the business
license of the business with which the sign is associated shall be presumed to be the sign user
under this code:
a. The sign's nonconformity or illegality;
b. Whether the sign may be eligible for a nonconforming sign permit.
If the identify of the sign user, owner of the sign, or owner of the property on which the sign is
located cannot be determined after reasonable inquiry, the notice may be affixed in a conspicuous
place on the sign or on the business premises with which the sign is associated.
2. Signs Eligible for Nonconforming Sign Permit. With the exceptions herein provided, any on- premises
primary sign located within the city limits on the date of adoption of this code, or located in areas
annexed to the city thereafter, which does not conform with the provisions of this code, is eligible
for characterization as a nonconforming sign provided it meets the following requirements:
a. The sign was covered by a sign permit on the date of adoption of this code, if one was re-
quired under applicable law;. or
b. 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 this code.
Exceptions: No temporary or special signs, as defined by Section 228.10.120 of this code, pro-
hibited signs, as defined by Section 228.10.150, or incidental signs, as defined by Section
22B.10.030F, shall be eligible for characterization as nonconforming signs.
3. Number of Nonconforming Signs Permitted. Each sign user within the city having existing non-
conforming signs meeting the requirements of Section 228.10.200.8.2 shall be permitted to
designate one (only) of such signs for characterizations as nonconforming for each street upon
which the business premises fronts, Such designation shall be made in the application for a non-
conforming sign permit.
4. Permit for Nonconforming Signs. A nonconforming sign permit is required for each nonconform-
iryg sign designated under Section 228.10.200.8.3. The permit shall be obtained by the sign user
or the sign owner, or the owner of the property upon which the sign is located within sixty days
of notification by the city (under Section 228.10.200.8.1) that the sign is nonconforming. The per-
mit shall be issued for a fee and shall expire at the end of the applicable amortization period prescrib-
ed in Section 22B.10.200.D.2.
64
SIGN CODE 36
Applications for a nonconforming sign permit shall contain the name and address of the sign user,
the sign owner, and the owner of the property upon which the sign is located and such other
pertinent information as the administrator may require to insure compliance with the code, including
proof of the date of installation of the sign.
A nonconforming sign for which no permit has been issued within the sixty -day period shall within
six months be brought into compliance with the code or be removed. Failure to comply shall sub-
ject the sign user, owner or owner of the property on which the sign is located to the remedies
and penalties of Paragraph 22B.10.200.0 herein.
5. Loss of Nonconforming Status. A nonconforming sign shall immediately lose its nonconforming
designation if:
a. The sign is altered in any way in structure or copy (except for changeable copy and normal
maintenance described in Paragraph 22B.10.200.E), which tends to or makes the sign Tess
in compliance with the requirements of this code than it was before the alteration; or
b. The sign is relocated to a position making it Tess in compliance with the requirements of this
code; or
c. The sign is replaced; or
d. Any new primary sign is erected or placed in connection with the enterprise using the non-
conforming sign; or
e. No application for a nonconforming sign permit is filed by the sign user, sign owner, or owner
of the property upon which the sign is located within sixty days following notification by the
city (under Paragraph 22B.10.200.A.1) that the sign is nonconforming and that a permit must
be obtained.
On the happening of any one of a, b, c, d, or e any permit or designation for what had been
designated as a nonconforming sign shall become void, the administrator shall notify the sign
user, sign owner or owner of the property upon which the sign is located of cancellation of
the permit or designation and the sign shall immediately be brought into compliance with this
code and a new permit secured therefor, or shall be removed.
C. Illegal Signs. An illegal sign is any sign which does not comply with the requirements of this code
within the city limits as they now or hereafter exist and which is not eligible for characterization as non-
conforming under Section 22B.10.200. The city may immediately remove an illegal signiocated on
city property or right -of -way. The city may remove an illegal sign located on private property no less
than ten days following the mailing of notice to the property owner or person in charge of the premises
that the sign is illegal and must be removed.
D. Amortization Period for Nonconforming Signs. Nonconforming signs, as defined in Paragraph
22B.10.200.B above, for which a nonconforming sign permit has been issued, may remain in a non-
conforming state for nine years after the date of installation of the sign, or six years after notification
by the city of the sign's nonconformity, whichever is longer. Thereafter, the sign shall be brought into
conformity with this code with a permit obtained therefor or be removed; provided, however, that the
amortization period established by this section may be used only so long as the sign retains its non-
conforming status (see Section 22B.10.200); and, provided further that upon any change in land use
or occupancy, or change in business name, such nonconforming signs shall, within six months, be
brought into conformity with this code with a permit obtained therefor or be removed. The amortization
provisions of this code shall not apply to signs the advertising or informative contents of which are
oriented toward and visible from the main traveled portion of the interstate system or other state highway.
E►5
SIGN CODE
37
E. Nonconforminq Siqn Maintenance and Repair. Nothing in this section shall relieve the owner or user
of a nonconforming sign or owner of the property on which the nonconforming sign is located from
the provisions of this code regarding safety, maintenance and repair of signs, contained in Section
228.10.140 of this code, and from the provisions on prohibited signs, contained in Section 228.10.150;
provided, however, that any repainting, cleaning, and other normal maintenance or repair of the sign
or sign structure shall not modify the sign structure or copy in any way which makes it Tess in com-
pliance with the requirements of this code or the sign will lose its nonconforming status. (See Section
228.10.200.8.5.)
(Ord. 3683, 7- 21 -86, Section 9, Ord. 2953 Section 13, 1981: Ord. 2568 Section 2, 1978: Ord. 2045
Section 5, 1974: prior code Section 170.01.150.)
F. Sinn Amortization Exemption Process
1. Applicability: This Paragraph (22B.10.200.F) applies to each sign which is required to be remov-
ed pursuant to Paragraph 22B.100.200.D following the amortization period.
2. Purpose: A sign amortization exemption is a mechanism by which the city may provide relief from
the effect of the sign amortization program when its enforcement would fail to noticeably improve
the appearance of the neighborhood and the city.
3. Who May Apply: The property owner or the person displaying the sign which is required to be
removed pursuant to Paragraph 22B.100.200.D may apply for a sign amortization exemption.
4. Special Filing Requirement: The applicant must submit a completed application for sign amortiza-
tion exemption by June 22, 1987, or is thereafter barred from making such application. If a com-
pleted application is not filed, the sign is illegal and in violation of this Code. (Ord. 3763, 3- 23 -87,
Section 1)
5. Applicable Procedure: The city will process an application for a sign amortization exemption through
Process III, Bellevue City Code (Land Use Code) 20.35.300 et. seq.; however, a decision by the
Board of Adjustment is required. Bellevue City Code (Land Use Code) Section 20.35.330 relating
to the Director's decision does not apply.
6. Submittal Requirements:
a. The Director of Design and Development shall specify the submittal requirements, including
type, detail and number of copies, for a sign amortization exemption application to be deem-
ed complete and accepted for filing.
b. The Director of Design and Development may waive specific submittal requirements deter-
mined to be unnecessary for review of an application.
7. Decision Criteria: The Board of Adjustment may approve or approve with modifications an ap-
plication for a sign amortization exemption if —
a. The sign is compatible with the architectural design of structures on the subject property, and
b. The sign substantially complies with the requirements of the Sign Code for the Land Use District
in which it is located, and
SIGN CODE
38
c. The sign complies with Bellevue City Code (Land Use Code) Section 20.20.830 (Street In-
tersection Sign Obstruction), and
d. If illuminated, the sign is oriented away from residentially developed or zoned property or is
adequately screened so that the source of light is not directly visible.
8. Effect of Exemption: If the Board of Adjustment approves or approves with modifications a sign
amortization exemption, that sign may remain until removal is required pursuant to Paragraph
22B.10.200.B.5 or C.
9. Assurance Device: In appropriate circumstances, the city may require a reasonable performance
or maintenance assurance device in conformance with Bellevue City Code (Land Use Code) Sec-
tion 20.40.490 to assure compliance with the provisions of the Sign Code and exemption as ap-
proved.
10. Fee: The applicant shall pay a fee upon application which is equal to that land use review and
processing fee required for a variance, to the Sign Code.
City of Tukwila
NOTICE
PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE TUKWILA CITY
PUBLIC HEARING ON MONDAY, JULY 6, 1998, BEGINNING
..,.
COUNCIL WILL HOLD A
AT 7:00 PM IN THE
COUNCIL CHAMBERS AT TUKWILA CITY HALL, 6200 SOUTHCENTER BLVD.,
TUKWILA, WASHINGTON, TO CONSIDER THE FOLLOWING:
AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION IN APPROVING A
CONDITIONAL USE PERMIT FOR THE FAMILY FUN CENTER AMUSEMENT PARK TO
BE LOCATED AT THE NE CORNER OF INTERURBAN AVENUE AND SW GRADY WAY.
(APPELLANTS:
FEDERAL WAY, WA 98003;
JEFF & LEANNE STOCK, OMNI PROPERTIES, 31919 1ST AVE. S.,
.
ROBERT TRIMBLE, BLACKRIVER T.V., L.L.C., 4640 95THAVE. NE, BELLEVUE, WA 98004)
THE PUBLIC HEARING IS OPEN TO ALL INTERESTED
TESTIMONY WILL BE LIMITED TO THE PARTIES TO THE APPEAL.
THE CITY OF TUKWILA STRIVES TO ACCOMMODATE PEOPLE
PLEASE CONTACT THE CITY CLERK'S OFFICE BY NOON ON
OF ASSISTANCE (206- 433 -1800 OR TDD 1- 800 - 833 - 6388).
N�
DATED THIS a - DAY OF ,1998.
PARTIES; HOWEVER,
WITH DISABILITIES.
MONDAY IF WE CAN BE
CITY OF TUKWILA
. 6 -
Ji,. E E. CANTU, CITY CLERK
DATE OF PUBLICATION: SEATTLE TIMES, FRIDAY, JUNE 26,1998. .
HIGHWAY ADVERTISING CONTROL
Scenic Vistas
Act of 1971
M 55 95
Legislative Statutes
Highway Advertising Control Act -- Scenic Vistas Act
(RCW 47.42)
Rules and Regulations
Highway Advertising Control Act
(WAC 468 -66)
September 1992
REGENSCI
AU6 231994
COMMv E fY T
DEVELOPM
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Aft
valli Washington State Department of Transportation
SECTIONS
47.42.010
47.42.020
47.42.025
47.42.030
47.42.040
47.42.045
47.42.048
47.42.050
47.42.055
47.42.060
47.42.062
47.42.063
47.42.065
47.42.070
47.42.080
47.42.090
47.42.100
47.42.102
47.42.103
47.42.104
47.42.105
47.42.107
47.42.110
47.42.120
47.42.130
47.42.140
47.42.180
47.42.900
47.42.901
47.42.902
47.42.910
47.42.911
47.42.920
HIGHWAY ADVERTISING CONTROL— SCENIC VISTAS
Chapter 47.42 RCW
HIGHWAY ADVERTISING CONTROL ACT --- SCENIC VISTAS ACT
47.42.010
Declaration of purpose.
Definitions.
Exclusions from scenic system.
Signs visible from interstate, primary, or scenic systems
restricted.
Permissible signs classified.
Number of signs — Spacing— Tourist facility, business or
agricultural signs.
Signs prohibited by statute, resolution, or ordinance.
Information signs by governmental units.
Roadside area information panels or displays.
Rules for signs visible from interstate and scenic sys-
tems— Judicial review.
Signs visible from primary system in commercial and
industrial areas — Requirements, restrictions, and
prohibitions.
Signs visible from primary system in commercial and
industrial areas — Preexisting signs — Permissible
signs — Spacing.
Signs viewable from other highways or streets —
Requirements.
State and local prohibitions.
Public nuisance — Abatement — Penalty.
Revocation of permit.
Preexisting signs — Moratorium.
Compensation for removal of signs— Authorized-
Applicability.
Compensation for removal— Action determining amount- -
Payment— State's share.
Compensation for removal— Federal share =- Acceptance.
Unavailability of federal share.
Compensation for removal under local authority.
Agreements for federal aid.
Permits — Fees — Renewal — Permissible acts — Revocation.
Permit identification number— Permittee's name and number
on signs— Presumption of noncompliance.
Scenic areas designated.
Highway fatality markers.
Severability -1961 c 96.
Severability -1963 ex.s. c 3.
Severability -1971 ex.s. c 62.
Short title --1961 c 96.
Short title -1971 ex.s. c 62.
Federal requirements -- Conflict and accord.
RCW 47.42.010 DECLARATION OF PURPOSE. The control of signs in
areas adjacent to state highways of this state is hereby declared to
(1991 Laws)
[Ch. 47.42 RCW —p 1]
47.42.010 HIGHWAY ADVERTISING CONTROL— SCENIC VISTAS
be necessary to promote the public health, safety, welfare, conve-
nience and enjoyment of public travel, to protect the public invest-
ment in the interstate system and other state highways, and to attract
visitors to this state by conserving the natural beauty of areas adja-
cent to the interstate system, and of scenic areas adjacent to state
highways upon which they travel in great numbers, and to insure that
information in the specific interest of the traveling public is pre-
sented safely and effectively. [1961 c 96 S 1.]
RCW 47.42.020, DEFINITIONS. The definitions set forth in this
section apply throughout this chapter.
(1) "Department" means the Washington state department of
transportation.
(2) "Erect" means to construct, build, raise, assemble, place,
affix, attach, create, paint, draw, or in any other way bring into
being or establish.
(3) "Interstate system" means any state highway which is or does
become part of the national system of interstate and defense highways
as described in section 103(d) of title 23, United States Code.
(4) "Maintain" means to allow to exist.
(5) "Person" means this state or any public or private corpora-
tion, firm, partnership, association, as well as any individual or
individuals.
(6) "Primary system" means any state highway which is or does
become part of the federal -aid primary system as described in section
103(b) of title 23, United States Code.
(7) "Scenic system" means (a) any state highway within any public
park, federal forest area, public beach, public recreation area, or
national monument, (b) any state highway or portion thereof outside
the boundaries of any incorporated city or town designated by the leg-
islature as a part of the scenic system, or (c) any state highway or
portion thereof outside the boundaries of any incorporated city or
town designated by the legislature as a part of the scenic and recrea-
tional highway system except for the sections of highways specifically
excluded in RCW 47.42.025.
(8) "Sign" means any outdoor sign, display, device, figure, paint-
ing, drawing, message, placard, poster, billboard, or other thing that
is designed, intended, or used to advertise or inform, any part of the
advertising or informative contents of which is visible from any place
on the main - traveled way of the interstate system or other state
highway.
(9) "Commercial and industrial areas" means any area zoned commer-
cial or industrial by a county or municipal code, or if unzoned by a
county or municipal code, that area occupied by three or more separate
and distinct commercial or industrial activities, or any combination
thereof, within a space of five hundred feet and the area within five
hundred feet of such activities on both sides of the highway. The
area shall be measured from the outer edges of the regularly used
buildings, parking lots, or storage or processing areas.of the commer-
cial or industrial activity and not from the property lines of the
parcels upon which the activities are located. Measurements shall be
along or parallel to the edge of the main traveled way of the highway.
The following shall not be considered commercial or industrial
activities:
[Ch. 47.42 RCW —p 2]
(1991 Laws)
HIGHWAY ADVERTISI!
(a) Agricultural, forestry,
ties, including, but not limitec
(b) Transient or temporary 1
(c) Railroad tracks and mine
(d) Signs;
(e) Activities more than si,
est edge of the right of way;
(f) Activities conducted in
dence.
If any commercial or industria .
ing or delineating an unzoned a
six continuous months, any
area become nonconforming and s
(10) "Roadside area informa
display located so as not to be
erected in a safety rest are
area, for providing motorists w
est of the traveling public.
(11) "Temporary agricultu
private property adjacent to st
directional information to pl
sonal agricultural products on
place. [1991 c 94 S 1; 1990
2; 1984 c 7 S 222; 1977 ex.s. c
ex.s. c 62 S 1; 1961 c 96 S 2.]
RCW 47.42.025 EXCLUSIONS
tions of the scenic and recrea
the scenic system as defined i
(1) Beginning on state ro
port Road north of Shelton, th
north of Airport Road.
(2) Beginning on state ro
Creek Road south of Forks, the
the Calawah River bridge.
(1991 Laws)
HIGHWAY ADVERTISING CONTROL -- SCENIC VISTAS 47.42.025
(a) gricultural, forestry, grazing, farming, and related activi-
ties, in lading, but not limited to, wayside fresh produce stands;
(b) ransient or temporary activities;
(c) ilroad tracks and minor sidings;
(d) .igns;
(e) ctivities more than six hundred and sixty feet from the near-
est edge of the right of way;
(f) ctivities conducted in a building principally used as a resi-
dence.
If any ommercial or industrial activity that has been used in defin-
ing or d-lineating an unzoned area ceases to operate for a period of
six con inuous months, any signs located within the former unzoned
area bee me nonconforming and shall not be maintained by any person.
(10) "Roadside area information panel or display" means a panel or
display Located so as not to be readable from the main traveled way,
erected in a safety rest area, scenic overlook, or similar roadside
area, fo providing motorists with information in the specific inter-
est of t e traveling public.
(11) "Temporary agricultural directional sign" means a sign on
private property adjacent to state highway right of way to provide
directional information to places of business offering for sale sea-
sonal a_ricultural products on the property where the sale is taking
place. [1991 c 94 S 1; 1990 c 258 S 1; 1987 c 469 S 2; 1985 c 376 S
2; 1984 c 7 S 222; 1977 ex.s. c 258 S 1; 1974 ex.s. c 80 S 1; 1971
ex.s. c 62 S 1; 1961 c 96 S 2.]
RC 47.42.025 EXCLUSIONS FROM SCENIC SYSTEM. The following sec-
tions •f the scenic and recreational highway system are excluded from
the sc =nic system as defined in subsection (7) of RCN 47.42.020:
(1 Beginning on state route number 101 at the junction with Air-
port R.ad north of Shelton, thence north to a point two thousand feet
north of Airport Road.
(2 Beginning on state route number 101 at the junction with Mill
Creek oad south of Forks, thence north two and four - tenths miles to
the Ca awah River bridge.
(Ch. 47.421=--p 3]
47.42.025 HIGHWAY ADVERTISING CONTROL— SCENIC VISTAS
(3) Beginning on state route number 105 at a point one -half mile
southwest of the boundary of Aberdeen, thence northeast to the bound-
ary of Aberdeen.
(4) Beginning on state route number 17 at a point nine - tenths of a
mile west of Grape Drive in the vicinity of Moses Lake, thence east-
erly to a junction of Grape Drive.
(5) Beginning on state route number 12 at a point one -half mile
south of the south boundary of Dayton, thence northerly to the south
boundary of Dayton.
(6) Beginning on state route number 14 one -half mile west of the
west boundary of Bingen, thence east to a point one -half mile east of
the east boundary of Bingen. [1971 ex.s. c 62 S 2.]
RCW 47.42.030 SIGNS VISIBLE FROM INTERSTATE, PRIMARY, OR SCENIC
SYSTEMS RESTRICTED. Except as permitted under this chapter, no person
shall erect or maintain a sign which is visible from the main traveled
way of the interstate system, the primary system, or the scenic sys-
tem. In case a highway or a section of highway is both a part of the
primary system and the scenic system, only those signs permitted along
the scenic system shall be erected or maintained. [1971 ex.s. c 62 S
3; 1961 c 96 S 3.]
RCW 47.42.040 PERMISSIBLE SIGNS CLASSIFIED. It is declared to be
the policy of the state that no signs which are visible from the main
traveled way of the interstate system, primary system, or scenic sys-
tem shall be erected or maintained except the following types:
(1) Directional or other official signs or notices that are
required or authorized by law;
(2) Signs advertising the sale or lease of the property upon which
they are located;
(3) Signs advertising activities conducted on the property on
which they are located;
(4) Signs, not inconsistent with the policy of this chapter and
the national policy set forth in section 131 of title 23, United
States Code as codified and enacted by Public Law 85 -767 and amended
only by section 106, Public Law 86 -342, and the national standards
promulgated thereunder by the secretary of commerce or the secretary
of transportation, advertising activities being conducted at a loca-
tion within twelve miles of the point at which such signs are located:
PROVIDED, That no sign lawfully erected pursuant to this subsection
adjacent to the interstate system and outside commercial and indus-
trial areas shall be maintained by any person after three years from
May 10, 1971;
(5) Signs, not inconsistent with the policy of this chapter and
the national policy set forth in section 131 of title 23, United
States Code as codified and enacted by Public Law 85 -767 and amended
only by section 106, Public Law 86 -342, and the regulations promul-
gated thereunder by the secretary of commerce or the secretary of
transportation, designed to give information in the specific interest
of the traveling public: PROVIDED, That no sign lawfully erected pur-
suant to this subsection adjacent to the interstate system and outside
commercial and industrial areas shall be maintained by any person
after three years from May 10, 1971;
[Ch. 47.42 RCW —p 4 ]
(1991 Laws)
HIGHWAY ADVERTISING
(6) Signs lawfully in existenc
the commission, subject to the apl
of transportation, to be landmarl
structures or natural surfaces,
the preservation of which would to
chapter 47.42 RCW;
(7) Public service signs,
which:
(a) Identify the donor, spons
(b) Contain safety slogans or
sixty percent of the area of the
(c) Contain no other message;
(d) Are located on school
approved by city, county, or stet
at places approved by the cit3
the highway involved; and
(e) Do not exceed thirty -two
one sign on each shelter may faci
Subsection (7) of this sect .
transportation shall adopt regul
school bus shelters, the place
of public service signs located
identification of the donors,
shelters.
(8) Temporary agricultural d
restrictions: posted c
(a) Signs shall be
sonal agricultural product is bE
(b) Signs shall not be piaci
system unless the sign qualifies
(c) Signs shall not be place
(d) Premises on which the
must be within fifteen miles of
plemental signing on local road,
tion of the signs on the state 1
(e) Signs must be located s
approaches to intersections;
(f) The department shall e
ule and rules for the manufactu
these signs in accordance with
(g) Signs in violation
accordance with the procedures
Only signs of types 1, 2,
within view of the scenic'systo
erected or maintained within
[1991 c 94 S 2; 1990 c 258 S 2
1st ex.s. c 271 S 1; 1971 ex.s
(1991 Laws)
HIGHWAY ADVERTISING CONTROL -- SCENIC VISTAS 47.42.040
(6) Signs lawfully in existence on October 22, 1965, determined by
the commission, subject to the approval of the United States secretary
of transportation, to be landmark signs, including signs on farm
structures or natural surfaces, of historic or artistic significance
the preservation of which would be consistent with the purposes of
chapter 47.42 RCW;
(7) Public service signs, located on school bus stop shelters,
which:
(a) Identify the donor, sponsor, or contributor of said shelters;
(b) Contain safety slogans or messages which occupy not less than
sixty percent of the area of the sign;
(c) Contain no other message;
(d) Are located on school bus shelters which are authorized or
approved by city, county, or state law, regulation, or ordinance, and
at places approved by the city, county, or state agency controlling
the highway involved; and
(e) Do not exceed thirty -two square feet in area. Not more than
one sign on each shelter may face in any one direction.
Subsection (7) of this section notwithstanding, the department of
transportation shall adopt regulations relating to the appearance of
school bus shelters, the placement, size, and public service content
of public service signs located thereon, and the prominence of the
identification of the donors, sponsors, or contributors of the
shelters.
(8) Temporary agricultural directional signs, with the following
restrictions:
(a) Signs shall be posted only during the period of time the sea-
sonal agricultural product is being sold;
(b) Signs shall not be placed adjacent to the interstate highway
system unless the sign qualifies as an on- premise sign;
(c) Signs shall not be placed within an incorporated city or town;
(d) Premises on which the seasonal agricultural products are sold
must be within fifteen miles of the state highway, and necessary sup-
plemental signing on local roads must be provided before the installa-
tion of the signs on the state highway;
(e) Signs must be located so as not to restrict sight distances on
approaches to intersections;
(f) The department shall establish a permit system and fee sched-
ule and rules for the manufacturing, installation, and maintenance of
these signs in accordance with the policy of this chapter;
(g) Signs in violation of these provisions shall be removed in
accordance with the procedures in RCW 47.42.080;
Only signs of types 1, 2, 3, 7, and 8 may be erected or maintained
within view of the scenic system. Signs of types 7 and 8 may also be
erected or maintained within view of the federal aid primary system.
[1991 c 94 S 2; 1990 c 258 S 2; 1985 c 376 S 3; 1979 c 69 S 1; 1975
1st ex.s. c 271 S 1; 1971 ex.s. c 62 S 4; 1961 c 96 S 4.]
(1991 Laws)
[Ch. 47.42 RCW —p 5]
47.42.045
HIGHWAY ADVERTISING CONTROL— SCENIC VISTAS
RCW 47.42.045 NUMBER OF SIGNS— SPACING — TOURIST FACILITY, BUSI-
NESS OR AGRICULTURAL SIGNS. (1) Not more than one type 3 sign visible
to traffic proceeding in any one direction on an interstate system,
primary system outside an incorporated city or town or commercial or
industrial area, or scenic system highway may be permitted more than
fifty feet from the advertised activity;
(2) A type 3 sign, other than one along any portion of'the primary
system within an incorporated city or town or within any commercial or
industrial area, permitted more than fifty feet from the advertised
activity pursuant to subsection (1) of this section shall not be
erected or maintained a greater distance from the advertised activity
than one of the following options selected by the owner of the busi-
ness being advertised:
(a) One hundred fifty feet measured along the edge of the pro-
tected highway from the main entrance to the activity advertised (when
applicable);
(b) One hundred fifty feet from the main building of the adver-
tised activity; or
(c) Fifty feet from a regularly used parking lot maintained by and
contiguous to the advertised activity.
(3) In addition to signs permitted by subsections (1) and (2) of
this section, the commission may adopt regulations permitting one type
3 sign visible to traffic proceeding in any one direction on an inter-
state, primary or scenic system highway on premises which, on June 25,
1976, are used wholly or in part as an operating business, farm, ranch
or orchard which sign bears only the name of the business, farm, ranch
or orchard and a directional arrow or short directional message. Reg-
ulations adopted under this subsection shall prohibit the erection or
maintenance of such type 3 signs on narrow strips of land a substan-
tial distance from but connected with a business, farm, ranch or
orchard. Signs permitted under this subsection shall not exceed fifty
square feet in area.
(4) The commission with advice from the parks and recreation com-
mission shall adopt specifications for a uniform system of official
tourist facility directional signs to be used on the scenic system
highways. Official directional signs shall be posted by the commis-
sion to inform motorists of types of tourist and recreational facili-
ties available off the scenic system which are accessible by way of
public or private roads intersecting scenic system highways. [1975 -
,76 2nd ex.s. c 55 S 2; 1974 ex.s. c 154 S 1; 1974 ex.s. c 138 S 1;
1971 ex.s. c 62 S 5.]
RCW 47.42.048 SIGNS PROHIBITED BY STATUTE, RESOLUTION, OR ORDI-
NANCE. Nothing in this chapter shall be construed to permit a person
to erect or maintain a sign that is otherwise prohibited by statute or
by the resolution or ordinance of any county, city or town of the
state of Washington. [1974 ex.s. c 80 S 3.]
RCW 47.42.050 INFORMATION SIGNS BY GOVERNMENTAL UNITS. Informa-
tion signs may be erected and maintained by the state, any county,
city, or town. [1961 c 96 S 5.]
[Ch. 47.42 RCW -p 6]
(1991 Laws)
HIGHWAY ADVERTISII
RCW 47.42.055 ROADSIDE AR
department is authorized to ere
displays adjacent to the state
department may contract with pr
operation of the information p
contractors shall be derived se
contractors will be permitted
making and exhibiting business
services to tourists.
258 S 2.]
RCW 47.42.060 RULES FOR S
SYSTEMS — JUDICIAL REVIEW. T
erection and maintenance of si
eled way of the interstate sys
permitted by this chapter a
this chapter consistent with
national policy set forth in s
as codified and enacted by Pt
tion 106, Public Law 86 -342 ar
by the secretary of commerce c
ceedings for review of any act
this chapter shall be insi
superior court of Thurston col
6; 1961 c 96 S 6.]
RCW 47.42.062, SIGNS VLSI
INDUSTRIAL AREAS — REQUIREMENT
within six hundred and sixty
way which are visible from th
within commercial and indus
spacing are consistent with t
effective display of outdoor
may be erected and maintainer
serve to restrict type 3 si
wary system within an incorpc
cial or industrial area.
(1) General: Signs shi
imitate or resemble any offil
are erected or maintained ups
other natural features and 1
pair; or (c) have any visible
(2) Size of signs:
(1991 Laws)
•.
HIGHWAY ADVERTISING CONTROL -- SCENIC VISTAS 47.42.062
RCW 47.42.055 ROADSIDE AREA INFORMATION PANELS OR DISPLAYS. The
department is authorized to erect roadside area information panels or
displays adjacent to the state highway system within this state. The
department may contract with private persons for the erection and
operation of the information panels or displays. Compensation to the
contractors shall be derived solely from the reasonable fees that the
contractors will be permitted to charge participating businesses for
making and exhibiting business signs and displays and for rendering
services to tourists. [1985 c 376 S 5; 1984 c 7 S 225; 1977 ex.s. c
258 S 2.]
RCW 47.42.060 RULES FOR SIGNS VISIBLE FROM INTERSTATE AND SCENIC
SYSTEMS — JUDICIAL REVIEW. The department shall adopt rules for the
erection and maintenance of signs that are visible from the main trav-
eled way of the interstate system and the scenic system and that are
permitted by this chapter and other rules for the administration of
this chapter consistent with the policy of this chapter and the
national policy set forth in section 131, title 23, United States Code
as codified and enacted by Public Law 85 -767 and amended only by sec-
tion 106, Public Law 86 -342 and the regulations promulgated thereunder
by the secretary of commerce or the secretary of transportation. Pro-
ceedings for review of any action taken by the department pursuant to
this chapter shall be instituted by filing a petition only in the
superior court of Thurston county. [1984 c 7 S 226; 1971 ex.s. c 62 S
6; 1961 c 96 S 6.]
RCW 47.42.062 SIGNS VISIBLE FROM PRIMARY SYSTEM IN COMMERCIAL AND
INDUSTRIAL AREAS -- REQUIREMENTS, RESTRICTIONS, AND PROHIBITIONS. Signs
within six hundred and sixty feet of the nearest edge of the right of
way which are visible from the main traveled way of the primary system
within commercial and industrial areas and whose size, lighting, and
spacing are consistent with the customary use of property for the
effective display of outdoor advertising as set forth in this section
may be erected and maintained: PROVIDED, That this section shall not
serve to restrict type 3 signs located along any portion of the pri-
mary system within an incorporated city or town or within any commer-
cial or industrial area.
(1) General: Signs shall not be erected or maintained which (a)
imitate or resemble any official traffic sign, signal, or device; (b)
are erected or maintained upon trees or painted or drawn upon rocks or
other natural features and which are structurally unsafe or in disre-
pair; or (c) have any visible moving parts.
(2) Size of signs:
(1991 Laws) [Ch. 47.42 RCW--p 7]
47.42.062 HIGHWAY ADVERTISING CONTROL— SCENIC VISTAS
(a) The maximum area for any one sign shall be six hundred sev-
enty -two square feet with a maximum height of twenty -five feet and
maximum length of fifty feet inclusive of any border and trim but
excluding the base or apron, supports and other structural members:
PROVIDED, That cut -outs and extensions may add up to twenty percent of
additional sign area.
(b) For the purposes of this subsection, double - faced, back -to-
back, or V -type signs shall be considered as two signs.
(c) Signs which exceed three hundred twenty -five square feet in
area may not be double -faced (abutting and facing the same direction).
(3) Spacing of signs:
(a) Signs may not be located in such a manner as to obscure, or
otherwise physically interfere with the effectiveness of an official
traffic sign, signal, or device, obstruct or physically interfere with
the driver's view of approaching, merging, or intersecting traffic.
(b) On limited access highways established pursuant to chapter
47.52 RCW no two signs shall be spaced less than one thousand feet
apart, and no sign may be located within three thousand feet of the
center of an interchange, a safety rest area, or information center,
or within one thousand feet of an intersection at grade. Double -faced
signs shall be prohibited. Not more than a total of five sign struc-
tures shall be permitted on both sides of the highway per mile.
(c) On noncontrolled access highways inside the boundaries of
incorporated cities and towns not more than a total of four sign
structures on both sides of the highway within a space of six hundred
sixty feet shall be permitted with a minimum of one hundred feet
between sign structures. In no event, however, shall more than four
sign structures be permitted between platted intersecting streets or
highways. On noncontrolled access highways outside the boundaries of
incorporated cities and towns minimum spacing between sign structures
on each side of the highway shall be five hundred feet.
(d) For the purposes of this subsection, a back -to -back sign and a
V -type sign shall be considered one sign structure.
(e) Official signs, and signs advertising activities conducted on
the property on which they are located shall not be considered in
determining compliance with the above spacing requirements. The mini-
mum space between structures shall be measured along the nearest edge
of the pavement between points directly opposite the signs along each
side of the highway and shall apply to signs located on the same side
of the highway.
(4) Lighting: Signs may be illuminated, subject to the following
restrictions:
(a) Signs which contain, include, or are illuminated by any flash-
ing, intermittent, or moving light or lights are prohibited, except
those giving public service information such as time, date, tempera-
ture, weather, or similar information.
(b) Signs which are not effectively shielded as to prevent beams
or rays of light from being directed at any portion of the traveled
ways of the highway and which are of such intensity or brilliance as
to cause glare or to impair the vision of the driver of any motor
vehicle, or which otherwise interfere with any driver's operation of a
motor vehicle are prohibited.
(c) No sign shall be so illuminated that it interferes with the
effectiveness of, or obscures an official traffic sign, device, or
signal.
[Ch. 47.42 RCW —p 8]
(1991 Laws)
HIGHWAY ADVERTISI
(d) All such lighting s
relating to lighting of signs
under the jurisdiction of the
ex.s. c 154 S 2; 1974 ex.s. c '
RCW 47.42.063 SIGNS VISIBI
INDUSTRIAL AREAS — PREEXISTING
Signs within six hundred al
right of way lawfully erected <
the main traveled way of 1
industrial areas on June 1, 19'
maintained.
(2) Signs within six hundr'
the right of way which are v
primary system within commercL
lighting, and spacing are ca
in RCW 47.42.062 may be ere
erected and maintained on June
urination of spacing require
ex.s. c 271 S 4; 1971 ex.s. c
RCW 47.42.065 SIGNS VIEWA
REQUIREMENTS. Notwithstandin
RCW, signs may be erected and
sixty feet from the nearest ed
from the main traveled way o
or scenic system when designed
or streets other than the inte
scenic system and the advertis
not be clearly comprehended
of the interstate system, prix
ex.s. c 271 S 5; 1971 ex.s. c
RCW 47.42.070 STATE AND
chapter shall be construed to
sign that is otherwise prohibi
ordinance of any county, c
[1961 c 96 S 7.)
RCW 47.42.080 PUBLIC NUI!
erected or maintained conti
rules adopted hereunder that
state system, the primary
nuisance, and the department
patrol, the County sheriff, o1
shall notify the permittee o]
the property on which the sigi
last known address, that
comply with. the chapter or be
(2) If the permittee or o1
with the chapter or remove an
(1991 Laws)
HIGHWAY ADVERTISING CONTROL — SCENIC VISTAS 47.42.080
(d) All such lighting shall be subject to any other provisions
relating to lighting of signs presently applicable to all highways
under the jurisdiction of the state. [1975 1st ex.s. c 271 S 3; 1974
ex.s. c 154 S 2; 1974 ex.s. c 138 S 2; 1971 ex.s. c 62 S 7.]
RCW 47.42.063 SIGNS VISIBLE FROM PRIMARY SYSTEM IN COMMERCIAL AND
INDUSTRIAL AREAS -- PREEXISTING SIGNS — PERMISSIBLE SIGNS — SPACING.. (1)
Signs within six hundred and sixty feet of the nearest edge of the
right of way lawfully erected and maintained which are visible from
the main traveled way of the primary system within commercial and
industrial areas on June 1, 1971 shall be permitted to remain and be
maintained.
(2) Signs within six hundred and sixty feet of the nearest edge of
the right of way which are visible from the main traveled way of the
primary system within commercial and industrial areas whose size,
lighting, and spacing are consistent with customary use as set forth
in RCW 47.42.062 may be erected and maintained. Signs lawfully
erected and maintained on June 1, 1971 shall be included in the deter-
mination of spacing requirements for additional signs. [1975 1st
ex.s. c 271 S 4; 1971 ex.s. c 62 S 8.]
RCW 47.42.065 SIGNS VIEWABLE FROM OTHER HIGHWAYS OR STREETS —
REQUIREMENTS. Notwithstanding any other provision of chapter 47.42
RCW, signs may be erected and maintained more than six hundred and
sixty feet from the nearest edge of the right of way which are visible
from the main traveled way of the interstate system, primary system,
or scenic system when designed and oriented to be viewed from highways
or streets other than the interstate system, primary system, or the
scenic system and the advertising or informative contents of which may
not be clearly comprehended by motorists using the main traveled way
of the interstate system, primary system or scenic system. [1975 1st
ex.s. c 271 S 5; 1971 ex.s. c 62 S 9.]
RCW 47.42.070 STATE AND LOCAL PROHIBITIONS. Nothing in this
chapter shall be construed to permit a person to erect or maintain any
sign that is otherwise prohibited by statute or by the resolution or
ordinance of any county, city, or town of the state of Washington.
[1961 c 96 S 7.]
RCW 47.42.080 PUBLIC NUISANCE— ABATEMENT — PENALTY. (1) Any sign
erected or maintained contrary to the provisions of this chapter or
rules adopted hereunder that is designed to be viewed from the inter-
state system, the primary system, or the scenic system is a public
nuisance, and the department, the chief of the Washington state
patrol, the county sheriff, or the chief of police of any city or town
shall notify the permittee or, if there is no permittee, the owner of
the property on which the sign is located, by certified mail at his
last known address, that it constitutes a public nuisance and must
comply with. the chapter or be removed.
(2) If the permittee or owner, as the case may be, fails to comply
with the chapter or remove any such sign within fifteen days after
(1991 Laws) [Ch. 47.42 'RCW--p 9]
47.42.080 HIGHWAY ADVERTISING CONTROL— SCENIC VISTAS
being notified to remove the sign he is guilty of a misdemeanor. In
addition to the penalties imposed by law upon conviction, an order may
be entered compelling removal of the sign. Each day the sign is main-
tained constitutes a separate offense.
(3) If the permittee or the owner of the property upon which it is
located, as the case may be, is not found or refuses receipt of the
notice, the department, the chief of the Washington state patrol, the
county sheriff, or the chief of police of any city or town shall post
the sign and property upon which it is located with a notice that the
sign constitutes a public nuisance and must be removed. If the sign
is not removed within fifteen days after such posting, the department,
the chief of the Washington state patrol, the county sheriff, or the
chief of police of any city or town shall abate the nuisance and
destroy the sign, and for that purpose may enter upon private property
without incurring liability for doing so.
(4) Nothing in this section may be construed to affect the provi-
sions contained in RCW 47.42.102 requiring the payment of compensation
upon the removal of any signs compensable under state law.
(5) Any sign erected or maintained on state highway right of way
contrary to this chapter or rules adopted under it is a public nui-
sance, and the department is authorized to remove any such sign with-
out notice. (1985 c 376 S 6; 1984 c 7 S 227; 1975 -'76 2nd ex.s. c 55
S 1; 1971 ex.s. c 62 S 10; 1961 c 96 S 8.]
RCW 47.42.090 REVOCATION OF PERMIT. If any person is convicted
of a violation of this chapter, or any rule adopted hereunder, the
department may revoke any permit issued to that person under this
chapter. [1984 c 7 S 228; 1961 c 96 S 9.]
RCW 47.42.100 PREEXISTING SIGNS — MORATORIUM. (1) No sign law-
fully erected in a protected area as defined by section 2, chapter 96,
Laws of 1961 (before the amendment thereof), prior to March 11, 1961,
within a commercial or industrial zone within the boundaries of any
city or town, as such boundaries existed on September 21, 1959,
wherein the use of real property adjacent to the interstate system is
subject to municipal regulation or control but which does not comply
with the provisions of this chapter or any regulations promulgated
hereunder, shall be maintained by any person after March 11, 1965.
(2) No sign lawfully erected in a protected area as defined by
section 2, chapter 96, Laws of 1961 (before the amendment thereof),
prior to March 11, 1961, other than within a commercial or industrial
zone within the boundaries of a city or town as such boundaries
[Ch. 47.42 RCW —p 10]
(1991 Laws)
HIGHWAY ADVERTISIN
existed on September 21, 1959, ii
cent to the interstate system
control but which does not compl
or any regulations promulgated
person after three years from Ma
(3) No sign lawfully erected
tion 2, chapter 96, Laws of 1961
to the effective date of the des
shall be maintained by any persc
date of the designation of any
(4) No sign visible from t
system, the primary system (othc
of the primary system within ar
commercial or industrial area),
lawfully maintained immediately
not comply with the provisions c
ter amended, shall be maintair
from May 10, 1971, or (b) with r
nated by the legislature as a p2
years from the effective date of
3; 1974 ex.s. c 138 S 3; 1971
1961 c 96 S 10.]
RCW 47.42.102 COMPENSATION
APPLICABILITY. (1) Except as c
this section, just compensation
sign (pursuant to the provi:
erected under state law, which
of the interstate system or the
(2)•Such compensation shall
(a) The taking from the owr
all right, title, leasehold, an(
device; and
(b) The taking from the c
sign, display, or device is loco
tain such signs, displays, and c
(3) In no event, however, a
ing or removal of signs adjacen
nic system which became subject
Laws of 1961 as amended by
sess. prior to May 10, 1971. [
62 S 12.]
RCW 47.42.103 COMPENSATION
AMOUNT -- PAYMENT— STATE'S SHARE.
47.42.102 shall be paid to the
the removal of such signs. If
of compensation to be paid, t
summons and complaint in the s
the sign is located to obtai
be paid. If the owner of the
tained after diligent efforts
sign upon the payment of compe
(1991 Laws)
HIGHWAY ADVERTISING CONTROL— SCENIC VISTAS 47.42.103
existed on September 21, 1959, wherein the use of real property adja-
cent to the interstate system is subject to municipal regulation or
control but which does not comply with the provisions of this chapter
or any regulations promulgated hereunder, shall be maintained by any
person after three years from March 11, 1961.
(3) No sign lawfully erected in a scenic area as defined by sec-
tion 2, chapter 96, Laws of 1961 (before the amendment thereof), prior
to the effective date of the designation of such area as a scenic area
shall be maintained by any person after three years from the effective
date of the designation of any such area as a scenic area.
(4) No sign visible from the main traveled way of the interstate
system, the primary system (other than type 3 signs along any portion
of the primary system within an incorporated city or town or within a
commercial or industrial area), or the scenic system which was there
lawfully maintained immediately prior to May 10, 1971, but which does
not comply with the provisions of chapter 47.42 RCW as now or hereaf-
ter amended, shall be maintained by any person (a) after three years
from May 10, 1971, or (b) with respect to any highway hereafter desig-
nated by the legislature as a part of the scenic system, after three
years from the effective date of the designation. (1974 ex.s. c 154 S
3; 1974 ex.s. c 138 S 3; 1971 ex.s. c 62 S 11; 1963 ex.s. c 3 S 55;
1961 c 96 S 10.)
RCW 47.42.102 COMPENSATION FOR REMOVAL OF SIGNS— AUTHORIZED-
APPLICABILITY. (1) Except as otherwise provided in subsection (3) of
this section, just compensation shall be paid upon the removal of any
sign (pursuant to the provisions of chapter 47.42 RCW), lawfully
erected under state law, which is visible from the main traveled way
of the interstate system or the primary system.
(2)•Such compensation shall be paid for the following:
(a) The taking from the owner of such sign, display, or device of
all right, title, leasehold, and interest in such sign, display, or
device; and
(b) The taking from the owner of the real property on which the
sign, display, or device is located, of the right to erect and main-
tain such signs, displays, and devices thereon.
(3) In no event, however, shall compensation be paid for the tak-
ing or removal of signs adjacent to the interstate system and the sce-
nic system which became subject to removal pursuant to chapter 96,
Laws of 1961 as amended by section 55, chapter 3, Laws of 1963 ex.
sess. prior to May 10, 1971. (1975 1st ex.s. c 271 S 2; 1971 ex.s. c
62 S 12.]
RCW 47.42.103 COMPENSATION FOR REMOVAL — ACTION DETERMINING
AMOUNT— PAYMENT -- STATE'S SHARE. (1) Compensation as required by RCW
47.42.102 shall be paid to the person or persons entitled thereto for
the removal of such signs. If no agreement is reached on the .amount
of compensation to be paid, the department may institute an action by
summons and complaint in the superior court for the county in which
the sign is located to obtain a determination of the compensation to
be paid. If the owner of the sign is unknown and cannot be ascer-
tained after diligent efforts to do so, the department may remove the
sign upon the payment of compensation only to the owner of the real
(1991 Laws) [Ch. 47.42 RCW —p 11)
47.42.103 HIGHWAY ADVERTISING CONTROL — SCENIC VISTAS
property on which the sign is located. Thereafter the owner of the
sign may file an action at any time within one year after the removal
of the sign to obtain a determination of the amount of compensation he
should receive for the loss of the sign. If either the owner of the
sign or the owner of the real property on which the sign is located
cannot be found within the state, service of the summons and complaint
on such person for the purpose of obtaining a determination of the
amount of compensation to be paid may be by publication in the manner
provided by RCW 4.28.100.
(2) If compensation is determined by judicial proceedings, the sum
so determined shall be paid into the registry of the court to be dis-
bursed upon removal of the sign by its owner or by the owner of the
real property on which the sign is located. If the amount of compen-
sation is agreed upon, the department may pay the agreed sum into
escrow to be released upon the removal of the sign by its owner or the
owner of the real property on which the sign is located.
(3) The state's share of compensation shall be paid from the motor
vehicle fund, or if a court having jurisdiction enters a final judg-
ment declaring that motor vehicle funds may not be used, then from the
general fund. [1984 c 7 S 229; 1971 ex.s. c 62 S 13.]
RCW 47.42.104 COMPENSATION FOR REMOVAL— FEDERAL SHARE--ACCEPT-
ANCE. The department may accept any allotment of funds by the United
States, or any agency thereof, appropriated to carry out the purposes
of section 131 of title 23, United States Code, as now or hereafter
amended. The department shall take such steps as may be necessary
from time to time to obtain from the United States, or the appropriate
agency thereof, funds allotted and appropriated, pursuant to section
131, for the purpose of paying the federal share of the just compensa-
tion to be paid to sign owners and owners of real property under the
terms of subsection (g) of section 131 and RCW 47.42.102, 47.42.103,
and 47.42.104. [1984 c 7 S 230; 1971 ex.s. c 62 S 14.]
RCW 47.42.105 UNAVAILABILITY OF FEDERAL SHARE. No sign, display,
or device shall be required to be removed if the federal share of the
just compensation to be paid upon the removal of such sign, display,
or device is not available to make such payment. [1971 ex.s. c 62 S
15.]
RCW 47.42.107 COMPENSATION FOR REMOVAL UNDER LOCAL AUTHORITY.
(1) Just compensation shall be paid upon the removal of any existing'
sign pursuant to the provisions of any resolution or ordinance of any
county, city, or town of the state of Washington by such county, city,
or town if:
(Ch. 47.42 RCW —p 12]
(1991 Laws)
HIGHWAY ADVERTIS]
(a) Such sign was lawfully
effective date of the Scenic Vi
(b) Such sign was erectec
tive date of the Scenic Vistas
ing state and local law.
(2) Such compensation shalt
fled in RCW 47.42.102(2) for ti
(a) The taking from the of
all right, title, leasehold, al
device; and
(b) The taking from the
sign, display, or device is log
tain such signs, displays, a.
1.]
RCW 47.42.110 AGREEMENTS
authorized to enter into agree
as may be necessary) consister
of commerce or the secretary
tion 131(b) of title 23, Unit(
by Public Law 85 -767 and ame
342, in order that the state n
aid as provided for in section
codified and enacted by Public
106; Public Law 86 -342. ( 1981
96 S 11.]
RCW 47.42.120 PERMITS —Fl
TION. Notwithstanding any otl
except a sign of type 1 1
activities conducted upon the
may be erected or maintain
went. Application for a perm
forms furnished by it. The
owner or lessee of the land i
application shall be accompa
ited with the state treasurer
Permits shall be for the tale
upon payment of this fee for
application. Fees shall not
Advertising copy may be than
(1991 Laws)
:
HIGHWAY ADVERTISING CONTROL— SCENIC VISTAS 47.42.120
(a) Such sign was lawfully in existence on May 10, 1971 (the
effective date of the Scenic Vistas Act of 1971); or
(b) Such sign was erected subsequent to May 10, 1971 (the effec-
tive date of the Scenic Vistas Act of 1971), in compliance with exist-
ing state and local law.
(2) Such compensation shall be paid in the same manner as speci-
fied in RCW 47.42.102(2) for the following:
(a) The taking from the owner of such sign, display, or device of
all right, title, leasehold, and interest in such sign, display, or
device; and
(b) The taking from the owner of the real property on which the
sign, display, or device is located, of the right to erect and main-
tain such signs, displays, and devices thereon. [1977 ex.s. c 141 S
1.]
RCW 47.42.110 AGREEMENTS FOR FEDERAL AID. The department is
authorized to enter into agreements (and such supplementary agreements
as may be necessary) consistent with this chapter, with the secretary
of commerce or the secretary of transportation authorized under sec-
tion 131(b) of title 23, United States Code, as codified and enacted
by Public Law 85 -767 and amended only by section 106, Public Law 86-
342, in order that the state may become eligible for increased federal
aid as provided for in section 131 of title 23, United States Code, as
codified and enacted by Public Law 85 -767 and amended only by section
106; Public Law 86 -342. [1984 c 7 S 231; 1971 ex.s. c 62 S 16; 1961 c
96 S 11.]
RCW 47.42.120 PERMITS -- FEES -- RENEWAL — PERMISSIBLE ACTS— REVOCA-
TION. Notwithstanding any other provisions of this chapter, no sign
except a sign of type 1 or 2 or those type 3 signs that advertise
activities conducted upon the properties where the signs are located,
may be erected or maintained without a permit issued by the depart-
ment. Application for a permit shall be made to the department on
forms furnished by it. The forms shall contain a statement that the
owner or lessee of the land in question has consented thereto. The
application shall be accompanied by a fee of ten dollars to be depos-
ited with the state treasurer to the credit of the motor vehicle fund.
Permits shall be for the calendar year and shall be renewed annually
upon payment of this fee for the new year without the filing of a new
application. Fees shall not be prorated for fractions of the year.
Advertising copy may be changed at any time without the payment of an
(1991 Laws) [ Ch. 47.42 RCW- -p 13]
47.42.120 HIGHWAY ADVERTISING CONTROL— SCENIC VISTAS
additional fee. Assignment of permits in good standing is effective
only upon receipt of written notice of assignment by the department.
A permit may be revoked after hearing if the department finds that any
statement made in the application was false or misleading, or that the
sign covered is not in good general condition and in a reasonable
state of repair, or is otherwise in violation of this chapter, if the
false or misleading information has not been corrected and the sign
has not been brought into compliance with this chapter within thirty
days after written notification. [1984 c 7 S 232; 1971 ex.s. c 62 S
17; 1961 c 96 S 12.]
RCW 47.42.130 PERMIT IDENTIFICATION NUMBER — PERMITTEE'S NAME AND
NUMBER ON SIGNS — PRESUMPTION OF NONCOMPLIANCE. Every permit issued by
the department shall be assigned a separate identification number, and
each permittee shall fasten to each sign a weatherproof label, not
larger than six square inches, that shall be furnished by the depart-
ment and on which shall be plainly visible the permit number. The
permittee shall also place his or her name in a conspicuous position
on the front or back of each sign. The failure of a sign to have such
a label affixed to it is prima facie evidence that it is not in com-
pliance with the provisions of this chapter. [1984 c 7 S 233; 1961 c
96 S 13.1
RCW 47.42.140 SCENIC AREAS DESIGNATED. The following portions of
state highways are designated as a part of the scenic system:
(1) State route number 2 beginning at the crossing of Woods creek
at the east city limits of Monroe, thence in an easterly direction by
way of Stevens pass to a junction with state route number 97 in the
vicinity of Peshastin.
(2) State route number 7 beginning at a junction with state route
number 706 at Elbe, thence in a northerly direction to a junction with
state route number 507 south of Spanaway.
(3) State route number 11 beginning at the Blanchard overcrossing,
thence in a northerly direction to the limits of Larabee state park
(north line of section 36, township 37 north, range 2 east).
(4) State route number 12 beginning at Kosmos southeast of Morton,
thence in an easterly direction across White pass to the Oak Flat
junction with state route number 410 northwest of Yakima.
(5) State route number 90 beginning at the westerly junction with
state route number 901, thence in an easterly direction by way of
North Bend and Snoqualmie pass to a junction with state route number
970 at Cle Elum.
(6) State route number 97 beginning at a junction with state route
number 970 at Virden, thence via Blewett pass to a junction with state
route number 2 in the vicinity of Peshastin.
(Ch. 47.42 RCW —p 14 )
(1991 Laws)
HIGHWAY ADVERTIS:
(7) State route number
route number 12 at Ohanapecosh
pass, thence in a northerly 1
number 410 at*Cayuse junction
(8) State route number 165
Mount Rainier national park
junction with state route num
Prairie.
(9) State route number 305
on Bainbridge Island, thence n
to a junction with state
northwest of Poulsbo.
(10) State route number 41
creek approximately six miles
direction by way of Chinook pa
12 and state route number 410.
(11) State route number
route number 7 at Elbe thence
west entrance to Mount Rainier
(12) State route number
route number 90 in the vicinit
junction with state route nun
c 63 S 9; 1974 ex.s. c 138 S 1
ex.s. c 62 S 18; 1961 c 96 5
RCW 47.42.180 HIGHWAY
DECEMBER 31, 1992.) (1) The c
duct a demonstration project
markers along state route numl
Colfax, state route number
Washington and Idaho border, i
cities of Colfax and Pullman.
(2) As used in this sectil
designed by the department
traffic fatality. Each market
(3) The department shall
tenance of highway fatality
be made on a form furnished b;
contain a consent statement
which the marker is to be pla
(4) The legislative autho
private individuals and gr
project area may apply for pe
highway fatality markers.
(5) An applicant with an
erection and maintenance o
issued by the department.
(6) A member of the immed
marker has been erected may r
(7) The markers shall be
right of way of the highway.
manner as to maximize the vis
the view of the motoring publ
(1991 Laws)
HIGHWAY ADVERTISING CONTROL— SCENIC VISTAS 47.42.180
(7) State route number 123 beginning at a junction with state
route number 12 at Ohanapecosh junction in the vicinity west of White
pass, thence in a northerly direction to a junction with state route
number 410 at'Cayuse junction in the vicinity west of Chinook pass.
(8) State route number 165 beginning at the northwest entrance to
Mount Rainier national park, thence in a northerly direction to a
-junction with state route number 162 east of the town of South
Prairie.
(9) State route number 305, beginning at the ferry slip at Winslow
on Bainbridge Island, thence northwesterly by way of Agate Pass bridge
to a junction with state route number 3 approximately four miles
northwest of Poulsbo.
(10) State route number 410 beginning at the crossing of Scatter
creek approximately six miles east of Enumclaw, thence in an easterly
direction by way of Chinook pass to a junction of state route number
12 and state route number 410.
(11) State route number 706 beginning at a junction with state
route number 7 at Elbe thence in an easterly direction to the south-
west entrance to Mount Rainier national park.
(12) State route number 970 beginning at a junction with state
route number 90 in the vicinity of Cle Elum thence via Teanaway to a
junction with state route number 97 in the vicinity of Virden. [1975
c 63 S 9; 1974 ex.s. c 138 S 4. Prior: 1971 ex.s. c 73 S 28; 1971
ex.s. c 62 S 18; 1961 c 96 S 14. Cf. 1974 ex.s. c 154 S 4.]
RCW 47.42.180 HIGHWAY FATALITY MARKERS. (EFFECTIVE UNTIL
DECEMBER 31, 1992.) (1) The department of transportation shall con-
duct a demonstration project for the installation of highway fatality
markers along state route number 26 between the cities of Vantage and
Colfax, state route number 270 from the city of Pullman to the
Washington and Idaho border, and state route number 195 between the
cities of Colfax and Pullman.
(2) As used in this section "highway fatality marker" means a sign
designed by the department and placed at or near the location of a
traffic fatality. Each marker designates the loss of one life.
(3) The department shall issue permits for the erection and main-
tenance of highway fatality markers. Application for a permit shall
be made on a form furnished by the department. The application shall
contain a consent statement from the owner or lessee of the land upon
which the marker is to be placed.
(4) The legislative authority of any county, city, or town, and
private individuals and groups located within the demonstration
project area may apply for permits for the erection and maintenance of
highway fatality markers.
(5) An applicant with an approved permit is responsible for the
erection and maintenance of the marker as specified in the permit
issued by the department.
(6) A member of the immediate family of the deceased for whom a
marker has been erected may request that the marker be removed.
(7) The markers shall be installed as close as practicable to, the
right of way of the highway. The markers shall be placed in such a
manner as to maximize the visibility of the marker without obstructing
the view of the motoring public.
(1991 Laws) [ Ch. 47.42 RCW—p 15]
47.42.180 HIGHWAY ADVERTISING CONTROL— SCENIC VISTAS
(8) Upon request, the department shall provide information regard-
ing the location of fatal traffic accidents within the demonstration
area.
(9) The permittee shall immediately remove markers that are unlaw-
fully erected or that are not in compliance with the requirements of
their permits.
(10) The department shall adopt rules for the erection and mainte-
nance of highway fatality markers. The department shall confer with
affected governmental agencies, individuals, and groups within the
demonstration project area in the development of the rules.
(11) This section shall expire December 31, 1992. [1988 c 98 S
1.]
RCW 47.42.900 SEVERABILITY -1961 C 96. If any provision of this
chapter or its application to any person or circumstance is held
invalid, the remainder of the chapter, or the application of the pro-
vision to other persons or circumstances is not affected. [1961 c 96
S 16.]
RCW 47.42.901 SEVERABILITY -1963 EX.S. C 3. If any provision of
*section 55 of this amendatory act shall be held to be invalid or
shall be held to invalidate any provision of chapter 96, Laws of 1961
(chapter 47.42 RCW), then that provision of this amendatory act shall
be of no force and effect and the provisions of chapter 96, Laws of
1961 (chapter 47.42 RCW) shall continue in effect. [1963 ex.s. c 3 S
56.]
RCW 47.42.902 SEVERABILITY -1971 EX.S. C 62. If any provision of
this act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision
to other persons or circumstances is not affected. [1971 ex.s. c 62 S
20.]
RCW 47.42.910 SHORT TITLE -1961 C 96. This chapter shall be
known and may be cited as•the highway advertising control act of 1961.
[1961 c 96 S 17.]
RCW 47.42.911 SHORT TITLE -1971 EX.S. C 62. This act may be
cited as the "Scenic Vistas Act of 1971 ". [1971 ex.s. c 62 S 19.]
RCW 47.42.920 FEDERAL REQUIREMENTS — CONFLICT AND ACCORD. If the
secretary of the United States department of transportation finds any
part of this chapter to be in conflict with federal requirements that
are a prescribed condition to the allocation of federal funds to the
[Ch. 47.42 RCW—p 16]
(1991 Laws)
HIGHWAY ADVERTISING
state, the conflicting part of th
inoperative solely to the exten
the agencies directly affected,
shall not affect the operation of
application to the agencies con
shall meet federal requirements t
receipt of federal funds by the a
(1991 Laws)
:
HIGHWAY ADVERTISING CONTROL— SCENIC VISTAS 47.42.920
state, the conflicting part of this chapter is hereby declared to be
inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and such finding or determination
shall not affect the operation of the remainder of this chapter in its
application to the agencies concerned. The rules under this chapter
shall meet federal requirements that are a necessary condition to the
receipt of federal funds by the state. [1985 c 142 S 4.]
(1991 Laws)
WAC
468 -66 -010
468 -66 -020
468 -66 -030
468 -66 -050
468 -66 -060
468 -66 -070
468 -66 -080
468 -66 -090
468 -66 -100
468 -66 -110
468 -66 -120
468 -66 -130
468 -66 -140
468 -66 -150
468 -66 -175
HIGHWAY ADVERTISING CONTROL ACT 468 -66 -010
Chapter 468 -66 WAC
HIGHWAY ADVERTISING CONTROL ACT
Definitions.
Restrictions on signs.
General provisions.
Classification of signs.
Signs along scenic, primary, and interstate systems.
On- premise signs (Type 3).
Number of signs and spacing requirements along interstate
system.
Preference of applicants for Type 4, Type 5, and Type 8
sites.
Advertising copy.
Signs within commercial and industrial areas of primary
system.
Signs erected prior to June 1, 1971 in commercial and
industrial areas along the primary system.
Signs to be removed.
Permits.
Penalties.
Highway fatality markers.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER
468 -66 -040
Measurements of distance. [Statutory Authority: 1977
ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1,
Resolution No. 13), S 468 -66 -040, filed 12/20/78. For-
merly WAC 252 -40 -030.] Repealed by 80 -04 -095 (Order 52),
filed 4/1/80. Statutory Authority: RCW 47.42.060.
WAC 468 -66 -010 DEFINITIONS. The following terms when used in
this chapter shall have the following meanings:
(1) "Abandoned." A sign for which neither sign owner nor land
owner claim any responsibility.
(2) "Act" shall mean the Highway Advertising Act of 1961, as
amended and embodied in chapter 47.42 RCW.
(3) "Centerline of the highway" means a line equidistant from the
edges of the median separating the main- traveled ways of a divided
highway, or the centerline of the main - traveled way of a nondivided
highway.
(4) "Commercial and industrial areas" means any area zoned commer-
cial or industrial by a county or municipal code, or if unzoned by a
county or municipal code, that area occupied by three or more separate
and distinct commercial and /or industrial activities within a space of
(4/10/92) [Ch. 468 -66 WAC —p 1]
468 -66 -010 HIGHWAY ADVERTISING CONTROL ACT
five hundred feet and the area within five hundred feet of such activ-
ities on both sides of the highway. The area shall be measured from
the outer edges of the regularly used buildings, parking lots, storage
or processing areas of the commercial or industrial activity and not
from the property lines of the parcels upon which such activities are
located. Measurements shall be along or parallel to the edge of the
main- traveled way of the highway. The following shall not be consid-
ered commercial or industrial activities:
(a) Agricultural, forestry, grazing, farming, and related activi-
ties, including, but not limited to, wayside fresh produce stands;
(b) Transient or temporary activities;
(c) Railroad tracks and minor sidings;
(d) Signs;
(e) Activities more than six hundred and sixty feet from the near-
est edge of the right of way;
(f) Activities conducted in a building principally used as a
residence.
Should any commercial or industrial activity, which has been used
in defining or delineating an unzoned area, cease to operate for a
period of six continuous months, any signs located within the former
unzoned area shall become nonconforming and shall not be maintained by
any person after May 10, 1974.
(5) "Commission" means the Washington state transportation
commission.
(6) "Discontinued." A sign shall be considered discontinued if,
after receiving notice of absence of advertising content for three
months, the permit holder fails to put advertising content on the sign
within three months of the notice.
(7) "Entrance roadway" means any public road or turning roadway
including acceleration lanes, by which traffic may enter the main -
traveled way of a controlled access highway from the general road sys-
tem within the state, including rest areas, view points, and sites
used by the general public, irrespective of whether traffic may also
leave the main - traveled way by such road or turning roadway.
(8) "Erect" means to construct, build, raise, assemble, place,
affix, attach, create, paint, draw, or in any other way bring into
being or establish.
(9) "Exit roadway" means any public road or turning roadway
including deceleration lanes, by which traffic may leave the main -
traveled way of a controlled access highway to reach the general road
system within the state, including rest areas, view points, and sites
used by the general public, irrespective of whether traffic may also
enter the main- traveled way by such road or turning roadway.
(10) "Interstate system" means any state highway which is or does
become part of the national system of interstate and defense highways
as described in section 103(d) of Title 23, United States Code.
(11) "Legible" means capable of being read without visual aid by a
person of normal visual acuity.
(12) "Maintain" means to allow to exist. A sign loses its right
to remain as a nonconforming sign if its size is increased more than
fifteen percent over its size on the effective date of the Scenic Vis-
tas Act on May 10, 1971, or the effective date of control of a given
route, whichever is applicable.
(13) "Main- traveled way" means the traveled way of a highway on
which through traffic is carried. In the case of a divided highway,
[Ch. 468 -66 WAC- -p 2]
(4/10/92)
HIGHWAY AD
the traveled way of each of th
opposite directions is a main
facilities as frontage roads,
exit roadways, or parking area
(14) "Person" means this
tion, firm, partnership, assoc
individuals.
(15) "Primary system" a
become part of the federal -aic
103(b) of Title 23, United StF
(16) "Scenic system" mean:
(a) Any state highway witl
public beach, public recreatii
(b) Any state highway or 1
any incorporated city or torn
of the scenic system; or
(c) Any state highway or
of any incorporated city or
part of the scenic and recrea
tions of highways specificall
of 1971 ex. sess.
(17) "Sign" means any c
painting, drawing, message, p
which is designed, intended
of the advertising or informs
any place on the main -travE
state highway.
(18) "Trade name" shall i
symbol, or other similar devi
products or services.
(19) "Traveled way" we
ment of vehicles, exclusive 1
(20) "Turning roadway" ml
turning between two intersec
(21) "Visible" means c,
ble) without visual aid by a
(22) "Electronic sign" m
or device whose message may
process, and includes the
able message center for adve
070).
(23) "Public service inf
sign which provides the time
tion about nonprofit acts
organizations.
(24) "Temporary agricult
private property adjacent
directional information to
sonal agricultural product
RCW. 92 -09 -043 (Order 130),
5/11/92. Statutory Authoril
5 468 -66 -010, filed 10/21
filed 12/17/85. Statutory
(Order 96), 5 468 -66 -010
47.42.060. 85 -03 -031 (Order
(4/10/92)
HIGHWAY ADVERTISING CONTROL ACT 468 -66 -010
the traveled way of each of the separated roadways for traffic in
opposite directions is a main- traveled way. It does not include such
facilities as frontage roads, turning roadways, entrance roadways,
exit roadways, or parking areas.
(14) "Person" means this state or any public or private corpora-
tion, firm, partnership, association, as well as any individual, or
individuals.
(15) "Primary system" means any state highway which is or does
become part of the federal -aid primary system as described in section
103(b) of Title 23, United States Code.
(16) "Scenic system" means:
(a) Any state highway within any public park, federal forest area,
public beach, public recreation area, or national monument;
(b) Any state highway or portion thereof outside the boundaries of
any incorporated city or town designated by the legislature as a part
of the scenic system; or
(c) Any state highway or portion thereof, outside the boundaries
of any incorporated city or town, designated by the legislature as a
part of the scenic and recreational highway system except for the sec-
tions of highways specifically excluded in section 2, chapter 62, Laws
of 1971 ex. sess.
(17) "Sign" means any outdoor sign, display, device, figure,
painting, drawing, message, placard, poster, billboard, or other thing
which is designed, intended or used to advertise or inform, any part
of the advertising or informative contents of which is visible from
any place on the main - traveled way of the interstate system or other
state highway.
(18) "Trade name" shall include brand name, trademark, distinctive
symbol, or other similar device or thing used to identify particular
products or services.
(19) "Traveled way" means the portion of a roadway for the move-
ment of vehicles, exclusive of shoulders.
(20) "Turning roadway" means a connecting roadway for traffic
turning between two intersection legs of an interchange.
(21) "Visible" means capable of being seen (whether or not legi-
ble) without visual aid by a person of normal visual acuity.
(22) "Electronic sign" means an outdoor advertising sign, display,
or device whose message may be changed by electrical or electronic
process, and includes the device known as the electronically change-
able message center for advertising on- premise activities (WAC 468 -66-
070).
(23) "Public service information" means a message on an electronic
sign which provides the time, date, temperature, weather, or informa-
tion about nonprofit activities sponsored by civic or charitable
organizations.
(24) "Temporary agricultural directional sign" means a sign on
private property adjacent to state highway right of way to provide
directional information to places of business offering for sale sea-
sonal agricultural products. [Statutory Authority: Chapter 47.42
RCW. 92 -09 -043 (Order 130), S 468 -66 -010, filed 4/10/92, effective
5/11/92. Statutory Authority: RCW 47.42.060. 88 -22 -002 (Order 116),
S 468 -66 -010, filed 10/20/88; 86 -01 -063 (Order 99), S 468 -66 -010,
filed 12/17/85. Statutory Authority: Chapter 47.42 RCW. 85 -17 -012
(Order 96), S 468 -66 -010, filed 8/12/85. Statutory Authority: RCW
47.42.060. 85 -03 -031 (Order 94), S 468 -66 -010, filed 1/10/85; 80 -06-
(4/10/92) [Ch. 468 -66 WAC —p 3]
468 -66 -010 HIGHWAY ADVERTISING CONTROL ACT
057 (Order 56), S 468 -66 -010, filed 5/19/80. Statutory Authority:
1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolu-
tion 13), S 468 -66 -010, filed 12/20/78. Formerly WAC 252 -40 -010.]
WAC 468 -66 -020 RESTRICTIONS ON SIGNS. Except as permitted by the
act and these regulations, no person shall erect or maintain a sign
which is visible from the main- traveled way of the interstate system,
the primary system, or the scenic system. In case a highway or a sec-
tion of highway is both a part of the primary system and the scenic
system, only those signs permitted along the scenic system shall be
erected or maintained. (Statutory Authority: 1977 ex.s. c 151. 79-
01 -033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 5 468 -66-
020, filed 12/20/78. Formerly WAC 252 -40 -015.]
WAC 468 -66 -030 GENERAL PROVISIONS. Notwithstanding any other
provision of the act or these regulations, no signs visible from the
main - traveled way of the interstate system, primary system, or scenic
system which have any of the following characteristics shall be
erected or maintained:
(1) Signs advertising activities that are illegal under state or
federal laws or regulations in effect at the location of such signs or
at the location of such activities.
(2) Illegal, destroyed, abandoned, discontinued or obsolete signs.
(3) Signs that are not clean and in good repair.
(4) Signs that are not securely affixed to a substantial
structure.
(5) Signs which attempt or appear to attempt to direct the move-
ment of traffic or which interfere with, imitate or resemble any offi-
cial traffic sign, signal or device.
(6) Signs which prevent the driver of a vehicle from having a
clear and unobstructed view of official signs and approaching or merg-
ing traffic.
(7) Signs which contain, include, or are illuminated by any flash-
ing, intermittent, or moving light or lights (except those signs giv-
ing public service information).
(8) Signs which use any lighting in any way unless it is so effec-
tively shielded as to prevent beams or rays of light from being
directed at any portion of the traveled ways of the highway or is of
such low intensity or brilliance as not to cause glare or to impair
the vision of the driver of any motor vehicle, or to otherwise inter-
fere with any driver's operation of a motor vehicle.
(9) Signs which move or have any animated or moving parts (except
revolving signs giving public service information).
(10) Signs which are erected or maintained upon trees or painted
or drawn upon rocks or other natural features.
(11) Signs which exceed twenty feet in length, width or height, or
one hundred fifty square feet in area, including border and trim but
excluding supports, except:
(a) Larger signs as permitted within commercial and industrial
areas adjacent to the primary system pursuant to RCW 47.42.062; and
(b) Type 3 signs not more than fifty feet from the advertised
activity; and
(Ch. 468 -66 WAC —p 4]
(4/10/92)
HIGHWAY ADV
(c) Type 8 signs shall not
unless they qualify as Type 3
(12) Electronic signs may t
conducted or goods and service:
signs are located or to present
(a) Advertising messages
symbols, trade - marks, and logo:
message must have a display tit
time to move onto the sign bo:
sage to be displayed within tel
one segment may remain on the
(b) Electronic signs requii
from one single message displL
the change interval.
(c) Displays traveling hor
move between sixteen and th
plays can scroll onto the sign
including scrolling.
(d) Sign displays shall no
that portray motion, except
the sign board as previously d
(e) No electronic sign lam
brightness that is greater
Signs found to be too bright s
instructions of the department
(f) As on- premise signs,
visions of RCW 47.42.045 and
ter 47.42 RCW. 85 -17 -012
Statutory Authority: RCW 47.1
030, filed 1/10/85; 80- 04 -09!
Statutory Authority: 1977 ex,
Comm. Order 1, Resolution 13)1
WAC 252 -40 -020.]
WAC 468 -66 -050 CLASSIFICI
fled as follows:
(1) Type 1-- Directional a
(a) Signs and notices ere
public agencies within the
pursuant to and in accordance
tained in federal, state,1
out an official duty or respo
by state law and erected by s
profit historical societies m
(b) Service club and reli
tain only the name of a nonp
tion, its address and the tim
(2) Type 2 - -For sale or 1
state law which is consisten
regulations and which adverti
of real property upon whi
owner of the property offered
shall not be displayed more c
"for lease." Not more tk
(4/10/92)
HIGHWAY ADVERTISING CONTROL ACT 468 -66 -050
(c) Type 8 signs shall not exceed thirty -two square feet in area,
unless they qualify as Type 3 (on- premise) signs.
(12) Electronic signs may be used only to advertise activities
conducted or goods and services available on the property on which the
signs are located or to present public service information.
(a) Advertising messages may contain words, phrases, sentences,
symbols, trade - marks, and logos. A single message or a segment of a
message must have a display time of at least two seconds including the
time to move onto the sign board, with all segments of the total mes-
sage to be displayed within ten seconds. A message consisting of only
one segment may remain on the sign board as long as desired.
(b) Electronic signs requiring more than four seconds to change
from one single message display to another shall be turned off during
the change interval.
(c) Displays traveling horizontally across the sign board must
move between sixteen and thirty -two light columns per second. Dis-
plays can scroll onto the sign board but must hold for two seconds
including scrolling.
(d) Sign displays shall not include any art animations or graphics
that portray motion, except for movement of graphics onto or off of
the sign board as previously described.
(e) No electronic sign lamp may be illuminated to a degree of
brightness that is greater than necessary for adequate visibility.
Signs found to be too bright shall be adjusted in accordance with the
instructions of the department.
(f) As on- premise signs, electronic signs are subject to the pro-
visions of RCW 47.42.045 and 47.42.062. [Statutory Authority: Chap-
ter 47.42 RCW. 85 -17 -012 (Order 96), S 468 -66 -030, filed 8/12/85.
Statutory Authority: RCW 47.42.060. 85 -03 -031 (Order 94), 5 468 -66-
030, filed 1/10/85; 80 -04 -095 (Order 52), 5 468 -66 -030, filed 4/1/80.
Statutory Authority: 1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and
Comm. Order 1, Resolution 13), S 468 -66 -030, filed 12/20/78. Formerly
WAC 252 -40 -020.]
WAC 468 -66 -050 CLASSIFICATION OF SIGNS. Signs shall be classi-
fied as follows:
(1) Type 1-- Directional or other official signs or notices.
(a) Signs and notices erected and maintained by public offices or
public agencies within their territorial or zoning jurisdiction and
pursuant to and in accordance with direction or authorization con-
tained in federal, state, or local law for the purposes of carrying
out an official duty or responsibility. Historical markers authorized
by state law and erected by state or local government agencies or non-
profit historical societies may be considered official signs.
(b) Service club and religious notices, whose message shall con-
tain only the name of a nonprofit service club or religious organiza-
tion, its address and the time of its meeting or service.
(2) Type 2 - -For sale or lease sign. A sign not prohibited by
state law which is consistent with the applicable provisions of these
regulations and which advertises the sale or lease only of the parcel
of real property upon which the sign is located. The name of the
owner of the property offered for sale or lease or the owner's agent
shall not be displayed more conspicuously than the words "for sale" or
"for lease." Not more than one such sign advertising the sale or
(4/10/92) [Ch. 468 -66 WAC —p 5]
468 -66 -050 HIGHWAY ADVERTISING CONTROL ACT
lease of a parcel of property shall be permitted in such manner as to
be visible to traffic proceeding in any one direction on an interstate
system, primary system or scenic system highway.
(3) Type 3 - -On- premise sign. A sign advertising an activity con-
ducted on the property on which the sign is located. The sign shall
be limited to identifying the establishment or the principal or acces-
sory products or services offered on the property. A sign consisting
principally of a brand name, trade name, product, or service inciden-
tal to the principal products or services offered on the property, or
bringing rental income to the property owner, is not considered an on-
premise sign. Not more than one such sign, visible to traffic pro-
ceeding in any one direction on an interstate system, primary system,
or scenic system highway may be permitted more than fifty feet from
the advertised activity.
Signs reading "future site of" or similar wording will be allowed
as an on- premise sign without any activity being apparent on the site
for one year from date of installation provided the following condi-
tions have been met:
(a) The department of transportation has received a letter of
notification of intent from the owner of the proposed advertised
activity.
(b) The sign shall not inform of activities conducted elsewhere.
(c) The maximum size of a future site sign shall not be greater
than one hundred fifty square feet.
The sign must be removed at the end of the one year time period if
the advertised activity has not become operational.
(4) Type 4- -Signs within twelve air miles of advertised activi-
ties. Signs not prohibited by state law which are consistent with the
applicable provisions of these regulations and which advertise activi-
ties conducted within twelve air miles of such signs.
(5) Type 5- -Signs in the specific interest of the traveling pub-
lic. Signs authorized to be erected or maintained by state law which
are consistent with these regulations and which are designed to give
information in the specific interest of the traveling public.
(6) Type 6- -Signs lawfully in existence on October 22, 1965,
determined by the department of transportation, subject to the
approval of the United States Secretary of Transportation, to be land-
mark signs, including signs on farm structures or natural surfaces, of
historic or artistic significance the preservation of which would be
consistent with the purposes of chapter 47.42 RCW.
(7) Type 7-- Public service signs located on school bus stop shel-
ters, which:
(a) Identify the donor, sponsor or contributor of said shelters;
(b) Contain safety slogans or messages which do not pertain to the
donor and occupy not less than sixty percent of the area of the signs.
In addition to this area limitation the donor identification portion
of the sign may not appear more prominently than the safety slogan
message;
(c) Contain no other message;
(d) Are located on school bus shelters which are authorized or
approved by city, county, or state law, regulation or ordinance, off
the state highway right of way. School bus shelters shall not exceed
10 feet in length, 10 feet in width or 8 feet in height and shall be
constructed with the upper 4 feet of the sides perpendicular to the
[Ch. 468 -66 WAC —p 6)
(4/10/92)
HIGHWAY ADVE
roadway being occupied by the si
structed of a see through n
located along fully controlled a
enced in WAC 468 -58 -030;
(e) Do not exceed 32 square
on each shelter may face in any
protrude above the roof line or
(f) Signs erected pursuant t
transportation as provided in R(
ulations issued thereunder. A 1
vidual sign face.
(8) Type 8-- Temporary agi
following restrictions:
(a) Signs shall be posted 01
sonal agricultural product is 134
(b) Signs shall .not be pli
system unless the sign qualifie,
(c) Signs shall not be place
but may be placed in unzoned are
commercial, and industrial acti
(d) Premises on which the
must be within fifteen miles of
plemental signing on local road
tion of the signs on the state
(e) Signs must be located s
approaches to intersections, or
orized signs;
(f) The minimum spacing
hundred feet. For the purposes
sign and a V -type sign shall be
is independent of off- premise
RCW 47.42.060. 88 -22 -002 (Orde
Statutory Authority: Chapter 4
66 -050, filed 8/12/85. Statt
055 (Order 55), S 468 -66 -050,
1977 ex.s. c 151. 79 -01 -033 (
tion No. 13), S 468 -66 -050, ft]
VAC 468 -66 -060 SIGNS ALON(
TENS. Signs of Types at
within view of the main- travel4
Signs visible from the main -ti
commercial and industrial area
468 -66 -110. Only signs of TyJ
maintained within view of the 1
tem to the extent and in the in
66 -090, and 468 -66 -100: PROV
or Type 5 signs shall be maint
way of the interstate syst
areas. Signs of Types 7 and 8
view of the primary and sceni
ner permitted by WAC 468- 66 -05'
RCW. 85 -17 -012 (Order 96), S
Authority: 1977 ex.s. c 151.
(4/10/92)
HIGHWAY ADVERTISING CONTROL ACT 468 -66 -060
roadway being occupied by the sign. The remainder is to be con-
structed of a see through nature. No school bus shelter shall be
located along fully controlled access highways as specifically refer-
enced in WAC 468 -58 -030;
(e) Do not exceed 32 square feet in area. Not more than one sign
on each shelter may face in any one direction. The sign shall not
protrude above the roof line or beyond the sides of the shelter;
(f) Signs erected pursuant to a permit issued by the department of
transportation as provided in RCW 47.42.120 and 47.42.130 and the reg-
ulations issued thereunder. A permit shall be required for each indi-
vidual sign face.
(8) Type 8-- Temporary agricultural directional signs, with the
following restrictions:
(a) Signs shall be posted only during the period of time the sea-
sonal agricultural product is bc. i.ng sold;
(b) Signs shall not be placed adjacent to the interstate highway
system unless the sign qualifies as an on- premise (Type 3) sign;
(c) Signs shall not be placed within an incorporated city or town,
but may be placed in unzoned areas and areas zoned for agricultural,
commercial, and industrial activities;
(d) Premises on which the seasonal agricultural products are sold
must be within fifteen miles of the state highway, and necessary sup-
plemental signing on local roads must be provided before the installa-
tion of the signs on the state highway;
(e) Signs must be located so as not to restrict sight distances on
approaches to intersections, or restrict the visibility of other aifth-
orized signs;
;r
(f) The minimum spacing between sign structures shall be three
hundred feet. For the purposes of this subsection, a back -to -back
sign and a V -type sign shall be considered one sign structure (spacing
is independent of off - premise (Type 4) signs). [Statutory': Authority:
RCW 47.42.060. 88 -22 -002 (Order 116), S 468 -66 -050, filed .10 /20/88.
Statutory Authority: Chapter 47.42 RCW. 85- 17-012 (0r 4r161, S 468-
66 -050, filed 8/12/85. Statutory Authority: RCW 47.42909. 80 -05-
055 (Order 55), S 468 -66 -050, filed 4/18/80. Statutb y'`Authority:
1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order/1, Resolu-
tion No. 13), S 468 -66 -050, filed 12/20/78. Formerly WAC g52 -40 -040.]
WAC 468 -66 -060 SIGNS ALONG SCENIC, PRIMARY, AND INTERSTATE SYS-
TEMS. Signs of Types 4 and 5 shall not be erected or maintained
within view of the main- traveled way of the scenic or primary system.
Signs visible from the main- traveled way of the primary system within
commercial and industrial areas shall be permitted as provided in WAC
468 -66 -110. Only signs of Types 1, 2, 3, 4 and 5 shall be erected or
maintained within view of the main- traveled way of the interstate sys-
tem to the extent and in the manner permitted by WAC 468 -66 -080, 468-
66 -090, and 468 -66 -100: PROVIDED, That after May 10, 1974, no Type 4
or Type 5 signs shall be:maintained within view of the main- traveled
way of the interstate' system outside of commercial and industrial
areas. Signs of Types 7 and 8 may be erected or maintained within
view of the primary and scenic highway systems to the extent and man-
ner permitted by WAC 468 -66 -050. [Statutory Authority: Chapter 47.42
RCW. 85 -17 -012 (Order 96), S 468 -66 -060, filed 8/12/85. Statutory
Authority: 1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order
(4/10/92) [Ch. 468 -66 WAC —p 7]
468 -66 -060 HIGHWAY ADVERTISING CONTROL ACT
1, Resolution No. 13), S 468 -66 -060, filed 12/20/78. Formerly WAC
252 -40 -050.]
WAC 468 -66 -070 ON- PREMISE SIGNS (TYPE 3). (1) Not more than one
Type 3 sign visible to traffic proceeding in any one direction on an
interstate system, primary system outside an incorporated city or town
or commercial or industrial area, or scenic system highway may be per-
mitted more than fifty feet from the advertised activity.
(2) For the purpose of measuring from the "advertised activity"
the distance shall be measured from that building, storage, or other
structure or processing area, which is the most regularly used and
essential to the conduct of the activity. For signs advertising shop-
ping centers, malls and business combinations, a combined parking area
may be considered as part of that activity for purposes of allowing a
single individual on- premise sign; in the event that a shopping cen-
ter, mall or business combination does erect a single individual on-
premise sign as permitted herein, such sign may identify each of the
individual businesses conducted upon the premises, and may include a
single display area such as a manually changeable copy panel, reader
board or electronically changeable message center for advertising on-
premise activities. Individual business signs in such a center, mall
or combination area are not permissible more than fifty feet from the
individual activity.
(3) A Type 3 sign permitted more than fifty feet from the adver-
tised activity pursuant to subsection (1) of this section shall not be
erected or maintained a greater distance from the advertised activity
than one of the following options selected by the owner of the busi-
ness being advertised:
(a) One hundred fifty feet measured along the edge of the pro-
tected highway from the edge of the main entrance to the activity
advertised (when applicable);
(b) One hundred fifty feet from any outside wall of the main
building of the advertised activity; or
(c) Fifty feet from any outside edge of a regularly used parking
lot maintained by and contiguous to the advertised activity.
(4) One Type 3 sign in each direction, not exceeding fifty square
feet in area bearing only the name and a directional message, indicat-
ing the location of a business, farm, ranch or orchard may be allowed
on such premises that were in existence on June 25, 1976, provided
that the following conditions exist:
(a) No other Type 3 signs legible from the main traveled lanes of
the highway are maintained.
(b) The sign is located on property abutting the highway where
ownership or unrestricted lease is contiguous to and includes the
advertised activity and not on a strip or parcel of land deemed by the
department of transportation to be acquired for the sole purpose of
outdoor advertising. [Statutory Authority: RCW 47.42.060. 80 -05 -055
(Order 55), S 468 -66 -070, filed 4/18/80. Statutory Authority: 1977
ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolution
No. 13), S 468 -66 -070, filed 12/20/78. Formerly WAC 252 -40 -055.]
WAC 468 -66 -080 NUMBER OF SIGNS AND SPACING REQUIREMENTS ALONG
INTERSTATE SYSTEM. No Type 4 or Type 5 signs which are visible from
[Ch. 468 -66 WAC —p 8]
(4/10/92)
HIGHWAY At
the main- traveled way of the I
maintained in any manner incor
(1) In advance of an int(
interstate highway and an exil
state system traffic approacl
ted to exceed the following rn
Distance from
intersection
0 -2 miles
2 -5 miles
More than
5 miles
The specified distances shall
intersection of the travel
traveled way of the interstat
(2) Subject to the other
two such signs may be permitt
any point, and no such signs
thousand feet apart.
(3) Such signs may nc
highway right of way upon and
strutted an entrance or exit
(4) Such signs visibly
approaching or has passed an
one thousand feet beyond tl
between the traveled way o
eled way of the interstate h
(5) Not more than one su
ducted as a single enter
place may be permitted to be
to be visible to traffic mov
state highway. [Statutory
(DOT Order 10 and Comm. Orde
filed 12/20/78. Formerly WA
WAC 468 -66 -090 PREFEREll
TYPE 8 SITES. Applications
sign sites, where the numt
able sites, shall be awardec
(1) Agencies of the
applications.
(2) Counties or into!
applications.
(3) Federal agencies in
(4) All other applicant,
ing preference, however,
renewal thereof. In the eve
ings for removal of an
department will not accept
concluded. All application
office hours during the
(4/10/92)
HIGHWAY ADVERTISING•CONTROL ACT 468 -66 -090
the main- traveled way of the interstate system shall be erected or
maintained in any manner inconsistent with the following:
(1) In advance of an intersection of the main - traveled way of the
interstate highway and an exit roadway, such signs visible to inter-
state system traffic approaching such intersection may not be permit-
ted to exceed the following number:
Distance from
intersection
Number
of signs
0 -2 miles 0
2 -5 miles 6
More than Average of one
5 miles sign per mile
The specified distances shall be measured to the nearest point of the
intersection of the traveled way of the exit roadway and the main -
traveled way of the interstate highway.
(2) Subject to the other provisions of this section, not more than
two such signs may be permitted within any mile distance measured from
any point, and no such signs may be permitted to be less than one
thousand feet apart.
(3) Such signs may not be permitted adjacent to any interstate
highway right of way upon any part of the width of which is con-
structed an entrance or exit roadway.
(4) Such signs visible to interstate highway traffic which is
approaching or has passed an entrance roadway may not be permitted for
one thousand feet beyond the furthest point of the intersection
between the traveled way of such entrance roadway and the main -trav-
eled way of the interstate highway.
(5) Not more than one such sign advertising activities being con-
ducted as a single enterprise or giving information about a single
place may be permitted to be erected or maintained in such manner as
to be visible to traffic moving in any one direction on any one inter-
state highway. [Statutory Authority: 1977 ex.s. c 151. 79 -01 -033
(DOT Order 10 and Comm. Order 1, Resolution No. 13), S 468 -66 -080,
filed 12/20/78. Formerly WAC 252 -40 -070.]
WAC 468 -66 -090 PREFERENCE OF APPLICANTS FOR TYPE 4, TYPE 5, AND
TYPE 8 SITES. Applications for available Type 4, Type 5, and Type 8
sign sites, where the number of applications shall exceed the avail-
able sites, shall be awarded upon the following preferential basis:
(1) Agencies of the state of Washington in order of their
applications.
(2) Counties or incorporated cities in the order of their
applications.
(3) Federal agencies in the order of their applications.
(4) All other applicants in the order of their applications, giv-
ing preference, however, to the holder of an existing permit for
renewal thereof. In the event the department has initiated proceed-
ings for removal of an existing sign situated on a legal site, the
department will not accept new applications until such proceedings are
concluded. All applications received during the department's normal
office hours during the same day shall be construed as having been
(4/10/92) [Ch. 468 -66 WAC —p 9]
468 -66 -090 HIGHWAY ADVERTISING CONTROL ACT
received simultaneously. In the case of a tie between applicants, and
upon notification thereof by the department, the department shall
determine by lot which shall receive the permit. [Statutory Author-
ity: Chapter 47.42 RCW. 92- 09-043 (Order 130), S 468 -66 -090, filed
4/10/92, effective 5/11/92; 85 -17 -012 (Order 96), S 468 -66 -090, filed
8/12/85. Statutory Authority: 1977 ex.s. c 151. 79 -01 -033 (DOT
Order 10 and Comm. Order 1, Resolution No. 13), S 468 -66 -090, filed
12/20/78. Formerly WAC 252 -40 -080.]
WAC 468 -66 -100 ADVERTISING COPY. (1) A Type 4 sign that displays
any trade name which refers to or identifies any service rendered or
product sold, used or otherwise handled more than twelve air miles
from such sign may not be permitted unless the name of the advertised
activity which is within twelve air miles of such sign is displayed as
conspicuously as such trade name.
(2) In Type 5 signs, only information about public places operated
by federal, state or local governments, natural phenomena, historic
sites, areas of natural scenic beauty or naturally suited for outdoor
recreation, and places for camping, lodging, eating and vehicle ser-
vice and repair is deemed to be in the specific interest of the trav-
eled public. For the purposes of the act and these regulations, a
trade name is deemed to be information in the specific interest of the
traveling public only if it identifies or characterizes such a place
or identifies vehicle service, equipment, parts, accessories, fuels,
oils or lubricants being offered for sale at such a place. Signs dis-
playing any other trade name may not be permitted under Type 5.
(3) Notwithstanding the provisions of subsection (1) of this sec-
tion, Type 4 signs which also qualify as Type 5 signs may display
trade names in accordance with the provisions of subsection (2) of
this section.
(4) A Type 8 sign shall contain the business name, product(s) for
sale, and travel direction and distance to the nearest mile from the
intersection with the state highway to the business activity. The
materials and workmanship in fabricating and installing the signs
should have a professional appearance. [Statutory Authority: Chapter
47.42 RCW. 87 -01 -055 (Order 107), S 468 -66 -100, filed 12/16/86; 85-
17 -012 (Order 96), S 468 -66 -100, filed 8/12/85. Statutory Authority:
1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolu-
tion No. 13), S 468 -66 -100, filed 12/20/78. Formerly WAC 252 -40 -090.]
WAC 468 -66 -110 SIGNS WITHIN COMMERCIAL AND INDUSTRIAL AREAS OF
PRIMARY SYSTEM. Signs visible from the main- traveled way of the pri-
mary system within commercial and industrial areas whose size and
spacing are consistent with the customary use of property for the
effective display of outdoor advertising as set forth in this section
may be erected and maintained: PROVIDED, That nothing in this section
shall restrict Type 3 signs located along any portion of the primary
system within an incorporated city or town or within any commercial or
industrial area.
(1) Size of signs:
(a) The maximum area for any one sign shall be six hundred sev-
enty -two square feet with a maximum height of twenty -five feet and
maximum length of fifty feet inclusive of any border and trim but
[Ch. 468 -66 WAC- -p 10]
(4/10/92)
HIGHWAY ADV
excluding the base or apron,
PROVIDED, That cut -outs and ext
additional sign area.
(b) For the purposes of thi
back or V -type signs shall be c
(c) Signs which exceed t
area may not be double -faced (a
(2) Spacing of signs:
(a) Signs may not be locate
otherwise physically interfer
traffic sign, signal, or device
the driver's view of approachin
(b) On limited access highw
47.52 RCW no two sign structu
sand feet apart, and no sign ma
of the center of an interchange
center, or within one thousand
ble -faced signs shall be pro
sign structures shall be permit
mile.
(c) On noncontrolled acc
incorporated cities and towns n
structures on both sides of th
sixty feet shall be permitted u
between sign structures. Ir
sign structures be permitted be
highways. On noncontrolled ac
incorporated cities and towns xt
on each side of the highway sha
(d) For the purposes of thi
V -type sign shall be considered
(e) Official signs, and si
the property on which they are
not be considered in determinir
requirements. The minimum spa
along the nearest edge of the F
site the signs along each side
located on the same side of the
ter 47.42 RCW. 85 -17 -012 (
Statutory Authority: 1977 ex..
Comm. Order 1, Resolution No. 1
merly WAC 252 -40 -095.]
VAC 468 -66 -120 SIGNS ERE(
AND INDUSTRIAL AREAS ALONG THE
and aaintained which are visib]
primary system within commerci
shall be permitted to remain ar
shall be included in the de
additional signs as permitted t
ity: 1977 ex.s. c 151. 79-
Resolution No. 13), S 468 -66 -1;
40 -097.]
(4/10/92)
HIGHWAY ADVERTISING CONTROL ACT 468 -66 -120
excluding the base or apron, supports and other structural members:
PROVIDED, That cut -outs and extensions may add up to twenty percent of
additional sign area.
(b) For the purposes of this subsection, double - faced, back -to-
back or V -type signs shall be considered as two signs.
(c) Signs which exceed three hundred twenty -five square feet in
area may not be double -faced (abutting and facing the same direction).
(2) Spacing of signs:
(a) Signs may not be located in such a manner as to obscure, or
otherwise physically interfere with the effectiveness of an official
traffic sign, signal, or device, obstruct or physically interfere with
the driver's view of approaching, merging, or intersecting traffic.
(b) On limited access highways established pursuant to chapter
47.52 RCW no two sign structures shall be spaced less than one thou-
sand feet apart, and no sign may be located within three thousand feet
of the center of an interchange, a safety rest area or information
center, or within one thousand feet of an intersection at grade. Dou-
ble -faced signs shall be prohibited. Not more than a total of five
sign structures shall be permitted on both sides of the highway per
mile.
(c) On noncontrolled access highways inside the boundaries of
incorporated cities and towns not more than a total of four sign
structures on both sides of the highway within a space of six hundred
sixty feet shall be permitted with a minimum of one hundred feet
between sign structures. In no event, however shall more than four
sign structures be permitted between platted intersecting streets or
highways. On noncontrolled access highways outside the boundaries of
incorporated cities and towns minimum spacing between sign structures
on each side of the highway shall be five hundred feet.
(d) For the purposes of this subsection, a back -to -back sign and a
V -type sign shall be considered one sign structure.
(e) Official signs, and signs advertising activities conducted on
the property on which they are located (Type 2 and Type 3 signs) shall
not be considered in determining compliance with the above spacing
requirements. The minimum space between structures shall be measured
along the nearest edge of the pavement between points directly oppo-
site the signs along each side of the highway and shall apply to signs
located on the same side of the highway. [Statutory Authority: Chap-
ter 47.42 RCW. 85 -17 -012 (Order 96), S 468 -66 -110, filed 8/12/85.
Statutory Authority: 1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and
Comm. Order 1, Resolution No. 13), S 468 -66 -110, filed 12/20/78. For-
merly WAC 252 -40 -095.]
WAC 468 -66 -120 SIGNS ERECTED PRIOR TO JUNE 1, 1971 IN COMMERCIAL,
AND INDUSTRIAL AREAS ALONG THE PRIMARY SYSTEM. Signs lawfully erected
and maintained which are visible from the main- traveled way of the
primary system within commercial and industrial areas on June 1, 1971
shall be permitted to remain and be maintained. Such signs, however,
shall be included in the determination of spacing requirements for
additional signs as permitted by WAC 468 -66 -110. [Statutory Author-
ity: 1977 ex.s. c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1,
Resolution No. 13), S 468 -66 -120, filed 12/20/78. Formerly WAC 252-
40 -097.]
(4/10/92) [Ch. 468 -66 WAC —p 11]
468 -66 -130 HIGHWAY ADVERTISING CONTROL ACT
WAC 468 -66 -130 SIGNS TO BE REMOVED. No sign visible from the
main- traveled way of the interstate system, the primary system, or the
scenic system which was there lawfully maintained immediately prior to
May 10, 1971 but which does not comply with the provisions of the act
and these regulations, shall be maintained by any person:
(1) After May 10, 1974; or
(2) With respect to any highway hereafter designated by the legis-
lature as a part of the scenic system, after three years from the
effective date of the designation. [Statutory Authority: 1977 ex.s.
c 151. 79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolution No. 13),
S 468 -66 -130, filed 12/20/78. Formerly WAC 252 -40 -098.]
WAC 468 -66 -140 PERMITS. (1) No signs except Type 1, Type 2, or
Type 3 signs shall be erected or maintained adjacent to interstate
system, primary system, or scenic system highways without a permit
issued by the department of transportation. Permits for erection and
maintenance of signs adjacent to the interstate system, primary sys-
tem, or scenic system will be issued by the department of transporta-
tion in accordance with this chapter.
(2) Applications for permits (except for Type 8 signs) will be
accepted only at the Department of Transportation Headquarters Office,
Olympia, Washington. Applications transmitted by mail shall be effec-
tive from date of receipt rather than of mailing.
(3) Application forms shall contain:
(a) The name and address of the owner of the sign;
(b) A statement and the signature of the owner or occupant of the
land on which the sign is to be erected or maintained indicating that
he has consented thereto;
(c) A statement of the precise location where the sign is to be
erected or maintained;
(d) A statement of the proposed size and shape of the sign. An
application for a Type 5 sign to be erected along the interstate sys-
tem shall contain a description of the copy to be placed on the sign;
(e) Such other information as may be required by the department;
(f) For Type 8 signs, application forms must be submitted to the
appropriate department of transportation district office and submit-
tals must include, in addition to (a) through (e) of this subsection,
an exact description of the location of the temporary agricultural
business activity, a description of the proposed sign copy, identifi-
.cation of the products sold, expected weeks /months of sales, and
assigned tax number. After approval of the application by the trans-
portation district office, the sign may be erected at the beginning of
the sale season and must be removed at the end of the sale season.
Approved applications shall be valid for five consecutive years from
the date of application approval. A new application must be submitted
and approved prior to erection of a sign at a location where the five -
year validation has expired.
For any Type 8 sign not in compliance with this chapter, the
department of transportation shall request the attorney general on its
behalf to institute legal proceedings to cause such sign to be removed
as an illegal sign without payment of compensation.
Subsections (5) through (10) of this section do not apply to Type
8 signs.
[Ch. 468 -66 WAC —p 12]
(4/10/92)
HIGHWAY ADV
(4) Applications shall be
each sign.
(5) Permits shall be fa]
annually upon payment of said
of a new application. Fees shi
year.
(6) Prior to December 1 of
tion shall notify in writing
mit has been issued under RCW
renewal fee for such sign due
following January 1 shall be d
lowing February 1. The not
has not been paid by February
to cause removal of such sign
(7) Following the notice
tion, if the due renewal fee f
the date specified, the depart
attorney general on its behalf
such sign to be removed as an
pensation therefor.
(8) Changes in size, shad
be reported to the department
ten days before a change is
permitted along the intersta
reported to the department
change is to be made.
(9) Assignment of permits
upon receipt of assignment by
(10) Every permit issued
separate identification numb
mittee to fasten to each sign
six square inches, which sh
which shall be plainly visibi
shall also place his name
back of each sign.
(11) A permit issued unde
mittee from the duty to com;
ordinances pertaining to
Authority: Chapter 47.42 1
filed 4/10/92, effective 5/1'
.060. 88 -22 -002 (Order 116)
Authority: Chapter 47.42 1
filed 12/16/86; 85 -17 -012 (01
Statutory Authority: RCW 4'
140, filed 4/1/80. Statutor;
(DOT Order 10 and Comm. Orde
filed 12/20/78. Formerly WAI
WAC 468 -66 -150 PENALTIE
chapter 34.04 RCW (Administr
regulations of the depart
thereto, any permit may be r
for any of the following rea
(4/10/92)
HIGHWAY ADVERTISING CONTROL ACT 468 -66 -150
(4) Applications shall be accompanied by a fee of ten dollars for
each sign.
(5) Permits shall be for the calendar year and shall be renewed
annually upon payment of said fee for the new year without the filing
of a new application. Fees shall not be prorated for fractions of the
year.
(6) Prior to December 1 of each year the department of transporta-
tion shall notify in writing the owner of every sign for which a per-
mit has been issued under RCW 47.42.120 and this section, that the
renewal fee for such sign due in the calendar year to commence on the
following January 1 shall be due and payable not later than the fol-
lowing February 1. The notice shall further state that if such fee
has not been paid by February 1, legal proceedings will be initiated
to cause removal of such sign as an illegally maintained sign.
(7) Following the notice specified in subsection (6) of this sec-
tion, if the due renewal fee is not received for any permitted sign by
the date specified, the department of transportation shall request the
attorney general on its behalf to initiate legal proceedings to cause
such sign to be removed as an illegal sign without the payment of com-
pensation therefor.
(8) Changes in size, shape, or position of a permitted sign shall
be reported to the department of transportation at Olympia at least
ten days before a change is to be made. In the case of Type 5 signs
permitted along the interstate system, changes in copy shall be
reported to the department at Olympia at least ten days before a
change is to be made.
(9) Assignment of permits in good standing shall be effective only
upon receipt of assignment by the department of transportation.
(10) Every permit issued by the department shall be assigned a
separate identification number, and it shall be the duty of each per -
mittee to fasten to each sign a weatherproof label, not larger than
six square inches, which shall be furnished by the department and on
which shall be plainly visible the said permit number. The permittee
shall also place his name in a conspicuous position on the front or
back of each sign.
(11) A permit issued under this chapter does not relieve the per -
mittee from the duty to comply with all local rules, regulations, and
ordinances pertaining to signs and sign structures. [Statutory
Authority: Chapter 47.42 RCW. 92 -09 -043 (Order 130), S 468 -66 -140,
filed 4/10/92, effective 5/11/92. Statutory Authority: RCW 47.42-
.060. 88 -22 -002 (Order 116), S 468 -66 -140, filed 10/20/88. Statutory
Authority: Chapter 47.42 RCW. 87 -01 -055 (Order 107), S 468 -66 -140,
filed 12/16/86; 85 -17 -012 (Order 96), S 468 -66 -140, filed 8/12/85.
Statutory Authority: RCW 47.42.060. 80 -04 -095 (Order 52), S 468 -66-
140, filed 4/1/80. Statutory Authority: 1977 ex.s. c 151. 79-01 -033
(DOT Order 10 and Comm. Order 1, Resolution No. 13), S 468 -66 -140,
filed 12/20/78. Formerly WAC 252 -40 -100.]
WAC 468 -66 -150 PENALTIES. (1) After hearing, as required by
chapter 34.04 RCW (Administrative Procedure Act) and the rules and
regulations of the department of transportation adopted pursuant
thereto, any permit may be revoked without refund by the department
for any of the following reasons:
(4/10/92) [Ch. 468 -66 WAC -p 13]
468 -66 -150 HIGHWAY ADVERTISING CONTROL ACT
(a) For the making of any false or misleading statements in the
application for any permit, whether or not the same is material to or
relied upon by the department in the issuance of such permit when such
false or misleading statement or information shall remain uncorrected
after the expiration of thirty days following written notification
thereof.
(b) For allowing or suffering any sign to remain in a condition of
disrepair or unreasonable state of repair after the expiration of
thirty days following written notification thereof.
(c) For maintaining any sign, for which a permit has been issued,
in violation of any provision of the act or these regulations after
the expiration of thirty days following written notification thereof.
(d) For any convictions of a violation of the act or any of these
regulations, any permit held by the convicted person may be revoked
whether or not such violation is related to the sign for which the
permit is revoked.
(e) For maintaining a discontinued sign as defined in WAC 468 -66-
010(6), or for not erecting a sign structure with advertising on a
permitted site within six months of the date of permit issue. A
notice of failure to erect the sign structure will be sent after three
months, and the sign must be erected within three months of the
notice.
(2) Notice whenever required herein shall be given to the person
entitled thereto by registered mail at the last known address of such
person which shall be such address as may be on file with the depart-
ment, if any, otherwise the last address of such person shown by the
tax records of the county in which the real property upon which the
sign in question is maintained.
(3) Computation of time when dependent upon giving of notice shall
relate to the day of mailing such notice rather than the day of
receipt. [Statutory Authority: RCW 47.42.060. 86 -01 -063 (Order 99),
S 468 -66 -150, filed 12/17/85. Statutory Authority: 1977 ex.s. c 151.
79 -01 -033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), S 468-
66 -150, filed 12/20/78. Formerly WAC 252 -40 -110.]
WAC 468 -66 -175 HIGHWAY FATALITY MARKERS. Pursuant to RCW 47.42-
.180, the district administrator or his designee shall administer the
highway fatality marker demonstration program in accordance with the
rules prescribed in this section.
(1) "Highway fatality marker" means a nonreflective white cross,
having an installed vertical dimension not to exceed three feet and a
horizontal member not to exceed two feet, with these members not to
exceed one inch by two inches nominally, placed at or near the loca-
tion of a traffic fatality occurring after December 31, 1982. Also,
up to five demonstration signs giving information about the fatality
marker program, not to exceed thirty -two square feet and of profes-
sional quality, may be installed as part of the markers. Each marker
represents one life lost.
(2) Highway fatality markers may be installed along state . ioute
number 26 between the cities of Vantage and Colfax, state route number
270 from the city of Pullman to the Washington and Idaho border, and
state route number 195 between the cities of Colfax and Pullman.
[Ch. 468 -66 WAC —p 14]
(4/10/92)
HIGHWAY ADVEA
(3) The markers and sign sha]
close as practicable to the highv
ner to maximize the marker's vi
view of the roadway or traffic cc
(4) By letter of permit, the
installation of fatality markers
from the legislative authority
private individuals and group,
project area. Written reques
the owner or lessee of the land
The message to be placed on tl
concurrence of the district admi
(5) Upon request, the depart
ing the location of fatal traf
31, 1982, within the demonstrati
(6) An applicant with a lett
erection and maintenance of the
Bible for submitting a request t
(7) The permittee shall imlE
fully erected or are not in
removal is requested by the imae
(8) As soon as practicable,
tion, the permittee or landowner
the highway.
(9) This section shall 1
Authority: RCW 47.42.060. 88
10/20/88.]
(4/10/92)
: %
HIGHWAY ADVERTISING CONTROL ACT 468 -66 -175
(3) The markers and sign shall be installed on private property as
close as practicable to the highway right.of way, and placed in a man-
ner to maximize the marker's visibility without obstructing drivers'
view of the roadway or traffic control devices. •
(4) By letter of permit, the district administrator authorizes the
installation of fatality markers after receiving a written request
from the legislative authority of any county, city or town, or other
private individuals and groups located within the demonstration
project area. Written requests must include a consent statement of
the owner or lessee of the land on which the marker is to be placed.
The message to be placed on the demonstration sign must receive the
concurrence of the district administrator.
(5) Upon request, the department will provide information regard-
ing the location of fatal traffic accidents occurring after December
31, 1982, within the demonstration area.
(6) An applicant with a letter of permit is• responsible for the
erection and maintenance of the marker. The applicant is also respon-
sible for submitting a request to amend the existing permit.
(7) The permittee shall immediately remove markers that are unlaw-
fully erected or are not in compliance with this section, or where
removal is requested by the immediate family of the deceased.
(8) As soon as practicable, following the expiration of this sec-
tion, the persittee•or landowner shall remove the markers from view of
the highway.
(9) This section shall expire December 31, 1992. [Statutory
Authority: RCW•47.112.060. 88 -22 -002 (Order 116), S 468 -66 -175, filed
10/20/88.]
(4/10/92) [ Ch. 468 -66 WAC -p 15 ]
10 0 10 20 30 40
MILES
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
GEOGRAPHIC SERVICES PLOT DATE
14-APR-1992
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FROM:CITY OF KENT
TO:
206 431 3665 NOU 19, 1992 11:25AM #6 77 P.01
P. .NQncon orm' Signi
.. 1. gestriction . Regulations applicable to nonconforming
signs are in addition to regulations applicable to nonconforming uses,
structures and lots, and in the event of conflict the most restrictive
.provisions shall apply.
i2. Ngnc_ oror na suns
.a. Signs that were legally existing as of June 20,
1973 that do not conform to these regulations shall be considered
nonconforming signs. Nonconforming signs may not be moved, relocated,
altered or added to without receiving approval from the Planning
Department.
b. No sign permit shall be issued to allow legal
signs.on property having an•illegal or nonconforming sign until such
time as the nonconforming or illegal sign(s) is modified to conform to
this. code.
3. Amortipation period of�non onforminc signs
a. fan oned_signs. Must be removed within ninety
(90) days.
b.' umber anc ty ' e of . sc gnu . The number and type of
allowable signs for each occupancy must conform to the regulations of
this code by January 1, 1988.
15.08.1.0 LOT 7iROVISXONS
A. Lot Reduct on_ o Vio3ation
No land may be so reduced in area that it would be in
violation of minimum lot size, yard provisions, lot coverage, off - street
parking, or any other requirements of the zoning district or use.
15.98.120 I EG LAR -SNAP D LO S
On irregular shaped lots, the average distance from the building line to
the lot line shall be no less than the minimum yard provision, provided
however, that no part of the structure shall be located so that one -half
the minimum yard provision occurs at any point along such averaged
alignment.
15.Qp.130 VISIB LITY AT
NTE CTI
S IN RESID NTI'L DISTRICTS
On a corner lot in any residential district, nothing shah, be erected,
placed, planted, or allowed to grow in such a manner as materially to
impede vision between a height of:.two and one -half (2-1/2) and ten (10)
feet above the centerline grades of the intersecting streets in the area
bounded by the street lines of such corner lots and a line joining
points along said street lines twenty (20) feet from the point of the
intersection.
1.5 L98. 140 Vu ' LI'T'Y AT ACCESS PAINTS FOR AUTQMOBXLES
Areas for ingress and egress for automobiles shall be designed in such _ __
a manner that adequate visibility is
Post -It'" brand fax transmittal memo 7671 (N 01 pIpeM ►
15.08450' siDEALRo ON CORNER LO1 Tb Ce0101 py6 c4 :"""n111,4 ��
Lo.
The side yard along a• side street on Co, iO4 ��'' 1144 �, phone -t g6W+
yard of ten (10) feet, except where Q1 $9 - 33,6
FOX 4 *exN
♦'
n
TO: John McFarland
FROM: Rebecca Fox & Jack Pace, DCD
DATE: January 18, 1995
RE: Amortizing Nonconforming Signs
Background:
Annexation along Pacific Highway South greatly increased the number of nonconforming signs
in Tukwila. Amortizing these signs is one means to reduce their numbers.
Discussion: Amortizing Nonconforming Signs
The basic legal issue is whether the amortization provisions achieve the "proper" balance between
public gain (mostly upgrading the community's appearance) and private loss (mostly financial).
Any city action should not amount to a taking; an amortization period which allows the owner
to recoup all or most of his investment amounts to just compensation.
Based on staff review of literature and discussions with other cities, the City of Tukwila appears
to be on fairly safe ground in enforcing the current Sign Code's non - conformity provisions for
on -site signs. Including a reasonable amortization or "sunset/drop dead" provision provides both
a mechanism for sign removal and a means to compensate the sign owners.
The closer we can tailor our amortization schedules to the individual sign's value, the more
equitable and legally defensible amortization will be perceived to be. Unfortunately, the
"customized" approach is more complex to develop and administer.
We are more likely to succeed by excluding billboards from consideration, and focusing on on-
premise wall and free - standing signs. Since billboards are prohibited under Tukwila's sign code,
they cannot be modified become conforming. Instead, a billboard must be removed in order to
make it conform to the sign code, resulting in a total loss of income to the owner.
Decision Choices:
We want a defensible, straight - forward, staff-efficient way to clean up Tukwila's signs (especially,
those on Highway 99), while protecting the City from legal challenges. To ensure this, we need
to make some basic choices:
What types of signs will our enforcement actions address?
1) The ordinance shall apply to all non - conforming signs, including billboards;
2) The ordinance shall apply only to on- premise signs, excluding billboards;
Recommendation:
Staff recommends that our nonconforming sign provisions apply
standing and wall signs.
only to on- premise free-
Are our existing code's nonconformity provisions sufficient to enable us to get going?
1)Nonconforming signs shall obtain (a new and not - yet - developed) nonconforming sign permit;
2) We will simply enforce the code which we have, and will start enforcement by keeping closer
tabs on business owners when they have contact with the City through various permits.
Businesses with non - conforming signs will be denied permits until they fix the signs.
Recommendation:
Staff recommends enforcing the City's existing sign code relating to legal, nonconforming signs.
How should business owners be compensated for bringing their signs into conformity?
1) The City of Tukwila should pay business owners directly for their signs.
2) The City of Tukwila should use a city -wide amortization schedule to compensate owners for
their signs, enabling them to depreciate their investment via tax write -offs.
What is a reasonable period for amortizing signs?
1) The courts have generally favored longer amortization periods over shorter ones.
Staff Recommendation:
Staff recommends a five to seven year amortization period.
How should we structure the amortization schedule?
1) The schedule should be the same for all nonconforming signs;
2) The schedule should be based on individual factors (i.e. the age and value of individual signs)
and with different durations to enable individual sign owners the opportunity to recoup their
investment.
Staff Recommendation:
Establish a uniform amortization schedule of sufficient duration to enable most firms to take tax
benefits for their sign's value.
How should we deal with hardship cases among businesses?
1) We will establish a process and a threshold to exempt individual businesses and signs in cases
of extreme hardship.
2) All businesses will be required to comply with the amortization schedule and methods
regardless of hardship.
Staff Recommendation:
Establish a means to address special hardship cases.
How will we address the significant signs identified in the Highway 99 sign inventory?
1) We will develop a method to identify and designate unique /significant signs for preservation;
2) All nonconforming signs will be treated the same regardless of "significance."
Staff Recommendation:
Develop a method to identify unique /significant signs for preservation.
Additional work:
Successfully implementing this provision will require significant work for staff. Prior to
implementation, DCD management will need to clarify internally that the Sign Code's existing
non - conforming conditions provide adequate guidance for phasing out these signs, and decide
how aggressively the provisions should be enforced.
We should obtain additional information about the signs and the impacts of their removal i.e. a
complete inventory of all the City's signs; data about signs -- including the typical lifetime of a
sign, and the costs of removing /modifying free - standing signs.
• Permitting Process: Before the ordinance is adopted, staff will need to decide a means
to handle nonconforming signs through the permitting process.
• Enforcement' Protocol: We will need to develop an internal enforcement protocol, and
an education strategy with materials for business owners.
• Notification and education: Notification and education could be done either by mail,
and/or in person by an intern.
• Sign Valuation: If we choose to value signs individually, staff will need to log the age
and value of each nonconforming sign and set a removal date.
• Nonconforming Sign Permits: If we choose to issue nonconforming sign permits, we
would need to design the form, monitor and enforce the permits.
• Additional Enforcement: The City may need added enforcement actions to remove non-
conforming signs which remain after the amortization period ends.
Conclusion/Recommendation:
Tukwila shall amend its sign code to include a sunset provision with a uniform amortization
schedule for the modification or removal of existing nonconforming signs. The amortization
provision shall be restricted to on- premise signs, and shall not include billboards at this point.
Staff will coordinate internally to develop a method for enforcement and shall emphasize
providing information and education to sign owners about the City's requirements.
TO: Community Affairs and Parks Committee
FROM: Rebecca Fox, DCD
DATE: October 5, 1994
RE: Nonconforming Signs
Background:
The City Council has expressed its concern about the number of non-
conforming signs along Pacific Highway South (SR 99). The Council
asked DCD prepare an amortization provision for the Sign Code. As
preparation, interns conducted a sign inventory for the SR99
corridor in late 1993 -early 1994.
Discussion: Amortizing Nonconforming Signs
The arena of non - conforming signs is a complicated one. Based on
staff review of literature and discussions with other cities, the
City of Tukwila appears to be on fairly safe ground in enforcing
the current Sign Code's non - conformity provisions for on -site
signs. Including an "amortization" or sunset /drop dead provision
will provide a relatively safe mechanism for sign removal and
should serve to placate the sign owners somewhat.
The basic legal issue is whether the amortization provisions
achieve the "proper" balance between public gain (mostly upgrading
the community's appearance) and private financial loss such that
our action does not amount to a taking and /or the amortization
period that allows the owner to recoup a portion (or all) of his
investment amounts to just compensation.
The more we can tailor our amortization schedules to the individual
sign owner, the more equitable (and legally defensible)
amortization will be perceived to be. This, however, would be more
complex to develop and administer.
Any new nonconforming sign /amortization ordinance will require
considerable administrative manipulation to be effective. Prior to
the passage of any legislation, staff will need to coordinate how
nonconforming signs will be handled internally, and a thorough
education program must be developed for owners of nonconforming
signs. If we choose to value signs individually for amortization
purposes, staff will be needed to log all nonconforming signs and
determine at what time they are to be removed.
If we choose to issue nonconforming sign permits, we will need to
design the form and monitor the permits and their duration. After
this, staff time will be needed to monitor the schedule to be sure
that the signs are actually removed at the appointed time. By
passing a nonconforming sign ordinance, we should be sure that we
are willing to prosecute sign owners unwilling to comply with the
nonconforming sign provisions.
Options:
We want a defensible, straight- forward, staff - efficient way to
clean up Tukwila's signs (especially those on Highway 99), while
protecting the City from legal challenges. To ensure this, we need
to make some basic choices:
CHOICES:
What types of signs will the ordinance address?
1) The ordinance shall apply to all non - conforming signs,
including billboards;
2) The ordinance shall apply only to on- premise signs, excluding
'billboards;
3) The ordinance shall apply only to certain on- premise signs i.e.
highest priority as determined by council /staff /Highway 99 Task
Force. Typically, this will be free - standing signs only, and we'll
leave wall signs alone.
Are our existing code's nonconformity provisions sufficient to
enable us to going?
1)Nonconforming signs must obtain (a new and not - yet - developed)
nonconforming sign permit;
2) We will simply enforce the code which we have, and will start
enforcement by keeping closer tabs on business owners when they
have contact with the City through various permits. Businesses
with non - conforming signs will be denied permits until they fix the
signs.
By what means should business owners be compensated for bringing
their signs into conformity?
1) The City of Tukwila should provide direct, monetary
compensation to business owners for their signs.
2) The City of Tukwila should use an amortization schedule to
compensate owners for their signs, enabling them to depreciate
their investment via tax write -offs.
What is a reasonable duration for amortizing signs?
1) The courts have generally favored longer amortization periods
over shorter ones.
How should we structure the amortization schedule?
1) The schedule should be the same for all nonconforming signs;
2) The schedule should be based on individual factors
and value of individual sings) and with different
enable individual sign owners the opportunity to
investment.
(i.e. the age
durations to
recoup their
How should we deal with hardship cases among businesses?
1) We will establish a process and a threshold to exempt individual
businesses and signs in cases of extreme hardship.
2) All businesses will be required to comply with the amortization
schedule and methods regardless of hardship.
How will we address the significant signs identified in the Highway,
99 sign inventory?
1) We will develop a method to identify and designate
unique /significant signs for preservation;
2) All nonconforming signs will be treated the same regardless of
"significance."
COMPENSATION VS. AMORTIZATION:
Compensation for signs can come either through direct payment to
the owner or through amortization. The City does not have the
funds to pay owners for their nonconforming signs. Amortization
appears a more realistic possibility. My review of literature
indicates that amortization periods ranging from three to five
years have generally been upheld by courts.
In general, the elimination of
time does not amount to a
necessarily restrict the use of
for any reasonable purpose.
scheme provides an equitable
conflicting goals.
existing uses within a reasonable
taking of property nor does it
property so that it cannot be used
Use of a reasonable amortization
means of reconciliation of the
Differing impacts of amortization:
Considering use of amortization as a means to bring the city's
signs into conformity requires acknowledging the fundamental
difference in the impacts of amortization on on- premise and off -
premise signs (i.e. billboards). Bringing on- premise signs to
conformity implies making changes to the sign, such as reducing its
volume, while leaving some sort of sign. Since removing a
billboard is the only way to bring it into conformity, the end of
the amortization period implies the absolute end of the billboard
(and the end of its revenue stream to the billboard owner.) If we
choose to include billboards in the enforcement of nonconformity
and the amortization schedule, billboard owners will doubtless
raise additional issues.
Additional work:
Successfully implementing this provision will require significant
work for staff. First, however, DCD management will need to
clarify internally that the Sign Code's existing non - conforming
conditions provide adequate guidance for phasing out non - conforming
signs, and how aggressively the provisions should be enforced.
We will need to obtain some additional information about the signs
and the impacts of their removal. It would be desirable (but not
at all necessary) to inventory all the City's signs in order to get
a better idea of how many signs (and property owners) will be
affected. In addition, we will need to learn more about signs- -
including the typical lifetime of a sign, and the costs of
removing /modifying free - standing signs.
to by the SR99 Task Force, the CAP and the Planning Commission. We
will also need to develop an enforcement protocol, an education
strategy, and educational materials for business owners. First,
we'll need to get the ordinance passed. That will require lots of
meetings and internal clarification.
We'll need to provide education to the business - owners, since many
of them probably don't even know that their signs are
nonconforming, much less due to be amortized. This could be done
by mail, and /or with an intern who would be responsible for
visiting all businesses with non - conforming signs.
Once the amortization period ends, we may need some enforcement
action to remove non - conforming signs which do not go away.
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"Working Together for
Excellence in Local
Government"
August 11, 1994
Ms. Rebecca Fox, Associate Planner
City of Tukwila
6300 Southcenter Blvd.
Tukwila, WA 98188
Dear Rebecca:
RECEIVED
Alk 121994
0 EVE OPMEN
T
.
In response to your request for information and ordinances relating to amortization
of signs, we are enclosing the following:
• "Amortization of Nonconforming Use and Structures," Sec. 51B.05,
Vol. 4, The Law of Zoning and Planning
• "Removal of Billboards," Ch. 11, (1993 Zoning and Planning Law
Handbook r 1 / ire — -7-1-" °/;4, . _ zet* 0 .
• Bellevue Municipal Code, Ch. 22B.10.200
• Ocean Shores Ordinance No. 538
• Seattle Municipal Code, Ch. 24.80.080
• Steilacoom Municipal Code, Ch. 14.16.050
We trust these enclosures will be helpful. If we may be of any further assistance,
please let us know.
Very truly yours,
Jim Doherty
Legal Consultant
Connie R. Elliot
Research Assistant
Enclosures