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HomeMy WebLinkAbout6459 ORDINANCE NO. 6 4 5 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, EXTENDING AND AMENDING CHAPTER 18.56 OF THE AUBURN CITY CODE, RELATING TO THE REGULATION OF THE ALLOWANCE, DIMEN810NS AND LOCATION OF OFF-PREMISE REAL ESTATE SIGNS WHEREAS, on February 6; 2006, the Aubum City Council adopted Ordinance No. 5993, revising and amending the City ofAubum Sign Code; and WHEREAS, on April 18, 2011, the Aubum City Council passedArdinance No. 6360 that established one (1) year interim zoning controls pertaining to the allowance, dimensions„ and location of real estate signs not currently permitted ` by existing sign regulations in the public nght-of-way or on private property relate to the sale, lease, or rent of residential and non-residential development properties; and WHEREAS, Ordinance No. 6360 was developed in response to multiple requests from developers and owners of residential and non-residential real property in the City seeking au4horization for the piacement of real estate signs on pubiic and private properties in locations, numbers and of a size than is currently allowabte under existing City regulations: The Ordinance's key purpose was to assist in local economic development associated with the sale and development of residential and nan-residential property in the City; and WHEREAS, the City Council continues to find that current econamic situations warrants reconsideration of existing regulations related to residenHal Ordinance No. 6459 February 28,2013 Page 1 of 24 and non-residential real estate signs and that the nature and impact of the current economic situations necessitate the temporary allowance of residential and non-residential real estate signs not currently allowed under existing City Code subject to compliance with standards and procedures specified herein; and, WHEREAS, in its deliberations of the proposed text amendments to the Aubum Sign Code, the City of Aubum Planning Commission considered and recommended to the City Council 4hat, the provisions of the Interim Sign Code remain in effect until April 22, 2013, and thereafter the Interim sign code be. superseded and replaced with the Sign Code it replaced as adopted by Ordinance No. 5993; and WHEREAS, any extensionsto the real estate sign regulations be reviewed by the City Council; and WHEREAS, the Planning and Community Development Committee of the City Council reviewed the existing off-premise real estate sign regulations and theirJanuary 14, 2013 and February 11, 2013 meetings; and WHEREAS, the Planning and Community Development Committee made a recommendation to the full City Council at their March 7, 2013 meeting. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. EXTENSION OE SIGN CODE. That Chapter 18.56 of`the Aubum City Code, the City of Aubum "Interim" Sign Code, as adopted in Ordinance No.6459 February 28,.2013 Page 2 of 24 Ordinance No. 6360 on April 18, 2011, as amended by Ordinance No. 6403, adopted on February 21, 2012,and amendetl 6y Ordinance No. 6406 adopted on April 16, 2012 be and the same hereby is extended and shall remain in fulf force and effect un61 April 22, 2014, reading as follovirs: Chapter 18.56 SIGNS' Sedions: 18.56.010 Intent. 18.56.020 DefinRions. 18.56A25 Real estate signs. 18.56.030 General provisions, all districts. 18,56;040 Reguiation by district. _._ _ __ 18:56.050 Administrative provisions. 18.56.060 Deviations, variances and appeals. 18.56.070 Liability. 18:56:080 Conflicts repealed. 18.56.010 Intent. The overall purpose of this chapter is to enhance and maintain the aesthetic character, to promote the public health, safety and general welfare, and to increase the effectiveness of visuaf communioation in the city. This chapter is also intended to avoid Visual clutter that may adversely impact tr�c and pedesfrian safety, or be,adverse to property values, business opportunities and the city'sappearance and to prevent and abate public nuisances. The purpose of this cfiapter is implemented by conV011ing the wnstruction, location, use and maintenance of all signs and sign structures. It isalso the intent of this chapter to afford noncommercial speech the same or greater protection afforded commercial speech and to not regulate noncommercial speech to a stricter - standard fhan commer�ial speech. This chapter is further intended to support, locel businesses in fhe city and the city`s overall economy by providing additional and increased opportunities for the use and siting of temporary and portable signage subject to conditions, including but not limited to time, s¢e, location and _. placement. (Ord. 6406 § 1, 2012; Ord. 6403 §§ 1, 2, 2012; Ord. 6360 §2, 2011; O�d. 6353 §2, 2011; Ord. 6327 §2,2010; O�d. 6263 §2, 2009; Ord. 5993 § 1, 2006; Ord. 4773 § 1, 1995;Ord. 4229§2,'1987:) 18:56.020 D�nitions. The following definitions are specific to this chapter and are to be used only for the implementation of this chapter: A. "Animated sign" means any sign that flashes or simulates motion with an electronic o�manufactured source of suppty or containswind-actuated motion Ordinance.No. 6459 Fe6ruary 28, 2073 Page 3 of 24 (except for flags and banners). An animated sign may also be a sign that meets the definition of"changing message cente�'or"revol4ing sign." B. "Banner" means a temporary sign constructed of fabric, vinyl, or other durable material; which is not the primary ident�catiom,for the organization, event or product advertised; and which is primarily promotional in nature.. C. "Billboard" means a large outdoor adyertising sign containing a message, commercial or othenvise, unrelated to the use or activity on the property on which the sign is located and/or to any use or activity in the immediate area (subh as is the case with an off-premises sign) and which is customarily leased for commerciaf purposes. The approximate size of the billboard faces range from 12#014 feet in height and 24 to 48 feet inwidth. D. "Changing message cente�' means an electronically controiled message center that displays differerrt copy changes on the same lamp bank. E. "Directional sign" means a sign which is located to guide or direct pedestrian or vehicularVaffic to parking entrances, exits, and service areas, and may not exceed six square feet in area or 10 feet in height. For projects that have parking lots in exoess of 500 spaces, the sign area�may be 10 square feet and the sign height 15 feet. F. "D.ouble-faced sign"means a sign with two faces. G. "Electrical sign" means a sign or sign struoture in which electrical wiring, connections, andlor fiMures are used as part of the sign proper. H. "Facade"means the entire building frord, or street wall face, induding grade to the top of the parapet or eaves, and fhe enfire width of the building elevation. I. "Flashing sign" means an electripl sign or a portion thereof which changes IigM intensity in a sudden transitory burst, or which switches on and off in a constant pattem in which more than one-third of the nonconstant light source is off at any one time. J. "Freestanding sign" means a sign that meets the definition of "ground sign" (also commonly referred to as a monument sign), or "pole sign." Signs attached to fences or other structures that are not defined as buildings will be considered freestanding signs. K. "Frontage" means the measurement, in linear feet, of the length of the property line for a single-tenant building or length of leased building frontage for multftenant buildings or multibuilding complexes. L. "Grade" means 4he relative existing ground level in the immediate vicinity of the sign. M. "Ground sign" means.a sign attached to the ground and supported by the ground or a built-up landscaped area such that the sign appears solid with theground. The height of a ground sign shall be measured from the surrounding grade. Also commonly referred to as a monument sign. N. "Identification sign" means a sign containing the name of the business establishment, occupant of the building or tenaM space and/or address of the premises. O. "Incidental sign" means a sign that is generally informational and of a noncommercial nature intended primarily for the aonvenience of the public and having a maximum area of two square feet. Incidental signs include, but are not limited to: signs designating restrooms, hours of operation, entrances and exits to Ordinance No.6459 February 28,.2013 Page 4 of 24 buildings and parking Iots, help wanted, public telephones, etc. Also included are propeAy controi and warning signs such as "no trespassing,° "no dumping," etc., and plagues,tablets or inscriptions which are an integral part of a building. P. "Mansard rooP' means a sloped rmf or roof-like facade arohiteduralty able to be treated as a building wail. Q. "Marquee" means a permanerrt sWcture attached to, supported by, and prbjecting from a building and pro4iding prbtedion from tFie weather elements. For the purpose of this chapter, a freestanding, pertnanent roof-like strudure providing protection from the elemeMs, such as a service station gas pump canopy, will also be considered a marquee. The tertn "marquce° also inGudes canopy. R. "Marquee sign" means any sign which forms part of or is integrated into a marquee and which does not extend horizontaly beyond the limits of such marquee. For the purpose of this chapter, a marquee sign will be considered as a wall sign. S. "Median sign" means a sign thaY.is placed within the median of a public street. T. "Mukiple-building comple�' means a group ofcommercial or industrial structures, developed as a group either simuRaneously or in phases, with more than one building per parcel. L. "Multiple-tenant building" means a single structure housing more than one retail business, �ce or commercial venture but not including residential apartment buildings,which share the same lot, access and/or parking facilities. V. "On-premises sign" means a sign which carries advertisements incidental to a Iawfui use of the premises on which it is located, including signs indicating the business transacted, services rendered; goods sold or produced on the premises,name of the person,firm or corporation occupying 4he,premises. VN. "Off-premises sign" means any sign which advertises an establishment, merchandise, service, goods, or entertainmerrt which 'is sold, produced, and manufactured, or fumished at a place other than on the properly on which said sign is located. X. "ParapeY' means a false front or wall extension above the roofline. Y. "Perimeter" means a square orrectangle required to enGose the sign area. Z. "Portable sign° means any sign made of any material, including paper, cardboard, wood or metal, which is capable of being rrmoved easily and is not permanerrty affixed to the ground, structure or building. This also includes sldewalk or sandwich board signs, except those wom by a person. AA. "Premises" means the real estate as a unft, which is involved by the sign or signs mentioned in this chapter. BB. "Projeding sign° means a sign which is attached to a structure or building wall in such a manner that the leading edge extends more than 16 indies beyond the surface af said structure or wall but dces not extend more than five feet beyond the property line, extends no more than six inches abbve any roofline, and meets all standards forground clearance. Signs that meet the definition of "marquee sign" or "suspended sign" will not be considered a "projeGing sign.° Ordinance No.6459 February 28,2013 Page 5 of 24 CC. "Real esTate sign° means a portable sign erected by the owner, or the owner's agent, advertising the real estate upon virhich the sign is located for rent, iease or sale. DD. "Revolving sign" means any sign that rotates or tums in motion by electripl or mechanipl means in a circular pattem. EE. "Roof sign" means a sign ereded upqn or above a roof or parapet of a building or structure. Mansard roof signs shall be considered as wall signs. Roof signs may not extend more than fiVe feet in height above the roof.. FF. "Sign" means any visual communioation iievice, structure, or fixture which is visible from any rigM-of-way intended to aid a land use in promoting the sale or ideritification of a produd, good or service using graphics, symbols, or _ written copy. For the purpose of this chapter, a sign shall not be considered to be building o�structural design. It shall tie restricted soleiy to graphics, symbols, or written copy ttiat is meanYto be used in the aforementioned way. This definition shall inGude inflatable signs, balloons or other similar devices. GG. "Sign area"means: 1. The totai area of a sign visible from any one viewpoirrt or direction, excluding fhe sign support structure; archRectural embellishments, or framework tHat contains no written copy, and includes only one side of a double-faced sign. 2. Individual letter signs using a wall as the backg�ound Hrithout added decoration or change in wall color shall be calculated by measuring the perimeter enclosing each letter. The combined total area of each individual letter shall be considered fhe to4al area of 4he sign. 3. Module signs consisting of more than one sign cabinet shall be computed by adding together the total area of each module. 4. Perimeter of sign area shall be established tiy the smallest rechangle enclosing the extreme limits of the letter module or advertising message being measured. 'HH. "Sign height" means the verticaf distance measured from the adjacent grade to the highest poirrt of the sign. II. "Sign strudure" means any strudure that supports or is capable of supporting any sign as defined in thischapter..A sign stnicture may be a single pole or may or may not be an integral part of the building or structure. JJ. "Single-tenant building" means a commercial building or structure that corrtains one enterprise or occupan4. Buildings within a mumbuilding complex may not be considered a single-tenant building. KK. "Special event signage" means temporary signs inGuding posters, flags, pennairts, and inflatable materials; which are not the primary ident�cation for ttie o'ganization, event or produd advertised; and which are primariy intended for short-term promotional periods. LL. "Suspended sign" means a sign that is attached to and suspended from a marquee w canopy, and subject to right-of-way and dearance regulations. MM. "Temporary sign" means arry sign or advertising display construded of wood, vinyl, cloth, carnas, light fabric, paper, cardboard, or other lighf ma4eriais, with or without frames, intended to be displayed for a limRed time only. This definition shall incluiie inflatable signs. Ordinance No. 6459 February 28, 2013 Page 6 of 24 NN. "Traffic hazard" means any sign which does not meet city standards for clear zone or sight distance or which does not meet 4he requirements of the Americans with Disabilities Act. 00. "Wall sign" means a sign attached or erected parallel to and extending not more than 16 inches from the facade or face of any 6uilding to which it is attached and supported through its entire length, with the exposed face of the sign paraliel to the plane of said wall or facade. "Window signs" which do not meet the definition of a"temporary sign"shel(be considered as wall signs. PP: "Windowsign" means a sign located inside or affixed to windows of a building, whetHertemporary or permanent, lighted orunlighted, which may be viewed from the exterior of the building. QQ. "Feather banner or sign" means a fabric sign with printed advertisemeM on one or two faces thaY is eRher stationary or rotates and is attached on one side to a metal pole or stake that is placed in the ground or attached to a secure object. RR. "Off-premises directional sign" means a sign located on private property o� in the public right-of-wayas authorized that directs or guides persons to an establishment, merchandise, service, goods, br entertainment which is soid, produced; and manuFadured, or furnished af a place other than on the property or public right-of-way on which said sign is {ocated. (Ord. 6406 § 1, 2012; Ord. 6403 §§ 3; 4, 2012; Ord. 6360 §2, 2011; Ord. 6353 §4,2011; Ord.. 6327 §4, 2010; Ord. 6263 §4, 2009; Ord. 6166 § 1, 2008; Ord. 5993 § 1, 2006; Ord. 4705§2,1994; Ord. 4229§ 2, 1987 J 18.56.025 Real estate signs. No sign permit is required, excepf as provided in subsection F of this section. All exterior real estate signs must be of wood or plastic or other durable material: The permitted signs are as follows: A. Residential "for sale" and "sold" signs: such signs shall be limited to one sign per street fromage not to exceed five square feet in sign area per side, placed errtire_ly on the properly for sale, and not to exceed a height of seven feet. B. Residential di2ctional "open house° signs: such signs shall be limited to one sign per street frontage on the premises for sale and three off-premis,es signs. However, if a brokedagent has more than one house open for inspection in a single development or subdivision, he/she is limited to four off-premises "open house" signs in the entire development or subdivision. Such signs are permitted only during daylight hours and when the broker/agent or seller or an agent is in attendance at the property for sale. No such sign shall exceed frve square feet in sign area per side. The sign may be placed along the periphery of a public right-of-way, provided it does not interfere with traffic safety, but it may notbe attached to a utilit�r pole or traffic safety device. C. Undeveloped commercial and industrial property "for sale or rent" signs: one sign per street frontage advertising undeveloped commercial and industrial properly for sale or for rent is permitted while the properly is actualry for sale or rent. The sign shall not exceed 32 square feet in sign area per side and eight feet in height. D. Developed commercial and industrial property "for sale or renY' signs: one sign per street frontage advertising a commercial or industrial building for Ordinance No.6459 February 28,2013 Page 7 of 24 renYor sale is pertnitted while the building is actually forrent or sale. If one face of the building is less than 10 feet from tFle building line, the sign shalf be placed on the building or in a window: The sign shall not exceed eight feet in height; iF f�eestanding, it shall be located more than 15 feet from any atiutting property line and a public right-of-way line. Said sign shall not exceed 32 square feet in sign area per side. E.Undeveloped residential property "For sale" signs one sign per street frontage advertising undeveloped residential properiy for sale is pertnitted noY exceeding 32 square feet in area per side;norexceeding a height of eight feet. F.Additionai signs: the planning and developmenY director may grant written authorization to ailow temporary off-premises signs in addition to those permitted a6ove. A no fee cermit shall be aoolied for arior to installino anv I 5��9._ 1_The size of these signs shall be determined by the planning and development director based on factors including but not limited to surrounding land uses, sighf distance and traffic safety, but in no instances shall the height of the sign exceed eight feet and the total sign face area exceed 64 square feet. INotice of adjacent property owners shall not be required. 2_Such additional signs may be used to edvertise open houses, to ad4ertise properties for sale, lease or rent, to provide directions to new developments, or similar purposes. Such signs may be placed within the public right-of-way, provided they do not interfere with tra�c safety, but they may not be attached to utiiity poies or tr�c safety devices. For the placement of signs within the public right-of-way, the planning and deyelopment director shall consult with the oity engineer, police chief, risk manager and o4her staff as appropriate regarding the placement, size and number of signs that may be permissible wRhin the public right-of-way and may require hold harmless agreements or I similar legal instrument prior to sign placement as a cond'Rion of authorization. 3. The planning and development diredor shall determine the number and locations of such signs, and the period:during which they may be displayed. The planning and development direcfor shall 4ake 'into account the number of existing signs in any proposed location; and may limit or prohibit new ones so as to prevent a traffic safety hazard or a deVimental effecf on neighboring properly. 4. Additional siflns are onN oermitted for develooments within the ciN limits. Advertisement of qroiects that are outside the ciN limits but olace sians within the citv�imits is orohibited. 5: If an aoolicarrt does not follow the above �rovisions, then that aaalicant is:not oertnitted to olace anv add'Rional real estate sians for arn oroiect tfiev mav Rave within the citv limits. (Ord. 6406 § 1, 2012; Ord. 6360 §2,2011; Ortl. 6287§2, 2010; Ord. 5993§ 1, 2006J 18.56.030 General provisions, all districts. A. Community Signs. The planning, building and community director may approve and permit to be erected entrance signs, at or near the city limits, on city public right-of-way or on pmratey owned parcels with the owner's permission, on which may be listed institutional names, service clubs or organizations or points of irrterest or similar public information. Right-of-way use permits may be required Ordinance No.6459 February 28,2013 Page 8 of 24 for signs located in the public right-of-way, except as permitted by subsection (B)(1), (B)(2), I orJ of this section. B. Temporary Signs. 1. Speoial event signage may be allowed in the RO, RO-H, CN, G1, G2, C-3, DUC, BP, LF, M-1, M-2, EP and the nonresidential used properties in the Terrace Yew District and the PUD-I:akeland Hills South subject to obtainment of temporary sign permiY authorization from the ciry and compliance with the following as applicable: aThe area of any single sign shall not exceed 30 square feet; b. Special event signs as authorized herein stiall not have the following: i. Iilumination of any kind; ii. Stro6ing or blinking or flashing lights; iii. Electrical animation; iv. Changeable reader copy, electronic or manual; c. Special evenf signage shall not exceed the maximum height limitations of the underlying zoning district; d. Special event signs may have spinning elements attached to them including butnot limked to flags or pennants or balloons or windsocks attached to them; provided, that 4hey do not at any time constitute a traffic safety or pedestFian safety hazard; e. Balloons and windsock special event signage shall not be authorized to be placed in the public rights-of-way or on-site landscape areas or off-site on another private parcel of land that does not contain the business or service being advertised; f. Flag and pennant special event signage may be authorized to be placed in the public rights-of-way; provided, that placement 'in She public rights-of-way does not constitute a tra�c safety or pedestrian safety hazard and does not create nonconfortnance to the Americans with Disabilities Act; g: Flag and pennant special event signage may be authorized to be placed in on-site landscape areas and off-site on another private parcel of land that does not contain the business or service being advertised; provided, that placement in on-site landscape areas does not impede sight distance and that off-site placement on another property has received'prior:property owner authorization. 2. Banners may be allowed in the RO;RO-H, CN, G1, G2, C-3, DUC, BP, LF, M-1, M-2, EP and the nonresidential used properties in the Terrace �ew District and the PUD-Lakeland Hills South, subject.to obtainment of temporary sign permit aufhorization from 4he city and compliance with the following: a. The area of any single banner used by a single business on a sRe shall not exceed 32 square feet; provided, that banners crossing roadways as approved by the city shall not exceed 120 square feet. b. Forinultitenant buildings and/armuRibusiness complexes, each business shall be authorized to have a banner, provideii, that the size of each banner shall be IimRed to maximum of 32 square feet; provided, that banners crossing roadways as approved by the city shall not exceed 120 square feet. c. Banners as authorized herein shall not have the following: i. Illumination of any kind; ii. Strobing or blinking or flashing lights; iii. Electrical animation; Ordinance No. 6459 February 28, 2013 Page 9 of 24 iv. Changeable reader copy, electronic or manual. d. Banner signage shall not ezceed the maximum height limitations of the underying mning district. e. Banners may have spinning elements attached to them including but not limited to flags or pennants or bailoons or windsocks a4tached to them; provided, that they do not at any time constitute a traffic safety or pedestrian safety hazard. f. Banners may be authorized to be placed in the public rights-of-way; provideil, that placement in the public rights-of-way does not constitute a traffic safety or pedestrian :safety hazard or does not c'eate nonconformance to the Ameriqns with Disabilities Act. __ .. g. Banners may be,authorized to be placed im on-site landscape areas and off-site on another private parcel of land that does not contain the business ar service being advekised; provided, that placement in on-site landscape areas dces not impede sight distance and that ofF=site placement on another property has received prior property owner authorization. C.,Civic Even4s. Street banners may be pertnitted subjed to approvai and instaliation in accordance with rules and procedures esfablished by the ciiy of Aubum public works department. D. Sign Lighting Provisions. 1. All lighting shall be arranged to reflect away from any residential zone. No person shall.construd, establish, create or maintain any stationary eacterior IigMing or illumination system or any iMerior system which is intended to be viewed from a street, highway or other public thoroughfare used for vehicular traffc which system corHains or utilizes: a.Any exposed incandescent lamp with wattage in excess of 25 watts; b. Anyexposed incandescent lamp with a metallic reflector, c.Any exposed inqndescent lamp with an exterrial reflector; d. Arry revolving beacon IigM; e. Any cor�tinuous or sequential fla�ing operation, except as allowed for changing message cerrter signs in subsedion F of this section. 2.The proVisions of subsection (D)(1)of this section shall not apply to: a. Lighting systems owned or corrtrolled by any public agency for the purpose of directing or controlling navigation, traffic, or highway or street illumination; b.Airaaft waming lights. E: Construction Provisions, Sight Distance, Exposed AngleJron and Wire. 1. Each sign shall be adequately constructed in accordance with the requirements of the Intemational Buildin"g"Code, as amended; 2. Signs containing electrical cirouitry shall meet the requirements of the National Electrical Code and all state laws, and shall include an approved tesGng lab stidcer, 3. Signs must meet vehicular sight distance requirements established by the city engineer pursuant to the city of Aubum engineering design standards; 4. When a projecting sign is used, no angle irons, guy wires or braces shall be visible, except those that are an integral'part of ffie overell design, such as decorative metals or woods, or unless they are required for safety. F. Changing Message Center Signs: Where permitted under this chapter, changing message center signs shall comply with the following requirements; Ordinance No.6459 February 28, 2013 Page 10 of 24 provided, that changing message center signs that only display time and temperature or sim'ilar public service information shall be exempt from these requirements. 1. Where Allowed. Changing message centersigns shall only be allowed in the I, P-1, C-1, G2, DUC, C-3, M-1 and M-2 zones. a:In the I and C-1 zones, changing message center signs shall only be allowed on frontages along a collector, minor or principal arterial street. b. In the I mne, no changing message center sign shall operate between the hours of 10:00 p.m. and 6:00 a.m. c. ln the DUC zone, changing message centersigns shall anly be allowed when located adjacent and oriented to Autium Way North/Aubum Way South street frontages: (For other sign standards for the DUC zone, see ACC 18.29.060(I).) 2. Numbec No more than one changing message center sign per street froMage shall be permitted on each property. 3. Sign Face Area. Except in the I and P-1 zones, the changing message center shall not constitute more than 75 percent of a sign's total sign face area. 4. Display. a. The display of the sign shall not change more rapidly than once every one and one-halF seconds. b. No scrolling message shall require more than five seconds to be displayed in its entirety. 5. Light Levels. a. Changing message center signs shall have installed ambient light monftors and shall at all times allow such monitors to automaticaliy adjust the brightness`level of the sign based on ambient IighYcondi4ions. b. At no time shall a changing message center sign be operated at a brightness leVel greater than the manufactu�er's recommended levels. c. Ali lighting shall be arranged to reflect away from any residential zone. The director shall have the authority to require a sign permit application to include information to ensure the intent of this requirement,is met. d. The brightness level shall not exceed 8,000 nifs when measured from the sign's face at Rs maximum brigMness during daylight hours and 500 nits when measured from the sign's face at its mazimum brightness between dusk and dawn. 6. On-Premises Advertising Only. Changing message certter signs shall only advertise on-premises products and services, or display public service messages or messages on behalf of not-for-profd organizations. 7..Additional Requirements. A copy of the manuFac4urer's operating manual shail be provided tothe aty upon request. B.Amortization. All changing message center signs that do not compy with the requirements of subsections (F)(4) and (5) of this section shall be brought into compliance with those requirements by April 1,2009.. G Cliange of Copy. The holder of a permit, for the duration thereof, shall have the right to change the advertising copy on the structure or sign for which the permit was issued without being required to payany additional fees. _ H. Exemptions. Unless otherwise specified;or unless expressly prohibited, it is not the intent of this chapter toregulatelhe following signs: Ordinance No.6459 February 28, 2013 Page 11 of 24 1. The flag of govemment or noncommercial institutions such as schools, with the poles treated as structures; 2. Official public notices, official court notices; 3. Incidental signs(see ACC 18.56.020(0), definitions); 4. Signs not visib�e from public right-of-way; 5. Lettering or symbols painted directly onto or flush-mouMed magnetically onto an operable vehicle; 6. Painfing, repainting, cleaning, repairing, and o4her normal maintenance unless structural or electrical changes are made; 7. Religious symbols not attached to a permitted sign; 8. Memorial signs or tablets, names of buildings, dates of erection and the like,which are incorporated iMo the building material andfaqde; 9. Signs reguired by law, traffic or pedestrian control signs, signs indicating scenic or historic points of interest, which are erected by or on the order of a public officerin the perFormance ofhis or her public,duty; 10. Sculptures, fountains, mosaics, and design features which do not incorporate advertising or ident�cation; 11. Temporary signs limited exclusively to noncommercial speech. I. Portabie signs shall be allowed in the RO, RO-H, CN, C-1, C-3, BP, LF; M-1, M-2, EP and the nonresidential us.ed properties inthe Terrace �ew District and the PUD-Lakeland Hills South subjed to o6tainment of temporary sign permR authorization from the city aniJ compliance with the following as applicable: 1. For single-tenant buildings andlor .sites, one portable sign shall be allowed per_building or property frontage,:as applioable. 2. Eech business in a multitenant bu'ilding andlor muRibuilding complex shall be limited to a maximum of one porta6le:sign. 3. For muftitenant buildings and/or muRitiuilding complexes that propose to � place one or more portable signs within the ori-sRe landscaped area at the irrtersection of two public or private streets or at a driveway intersection with a public or private street, compiiance to the city's minimum sight distance requirements shalf be maintained at ail times, 4. For multitenant buildings and%or mul4ibuilding complexes that propose to place one or more portable signs along the property street frontage of a public or private street, the total number of allowable portable signs along said frontage shall be limRed as follows to reduce the visual and aesthetic impad to the city: a. Zero 4hrough 25 lineal feet of public or private street frontage equals one portabie sign every three lineal feet of street frontage up to a maximum of three signsatany given time. b. Twenty-six through 50 lineal feet of public or private streeY frontage equals one portable sign every three lineal feet of street frontage up to a maximum of four signs at any given time. c. Fifty-one through 75 lineal feet of`public or private street frontage equals one portable sign every three lineal fee4 of street ftontage up to a maximum of frve signs at any given time. d. Seventy-six through 100 lineal feet of public or private street frontage equals one portable sign every three line.al feet of street frorrtage up to a maximum of six signsat any given time.. Ordinance No.6459 February 26,2013 Page 12 of 24 e. One hundred through 125 lineal feet of public or private street frontage equals one portable sign every three lineal feet of street frontage up to a maximum of seven signs at any given time. f. One hundred twenty-six through 150 lineal feet of public or private street froMage equals one portable sign every three lineal fee4 of street frontage up to a maximum of eigM signs at any given time.. g. One hundred fifty-one through 175 lineal feet of public or private street front�ye equals one portable sign every three lineal feet of street frontage up to a maximum of nine signs at any given time. h. One hundred seventy-six lineal feet and greater of public or private street froMage equals one portable sign every three lineat feet of street frorrtage up to a ma�dmum of 10 signs at arry given time. i. The planning director shall haye the discretionary authorily to authorize add'Rional portable signs along a public or private street frorrtage when in his or her determination such allowance will not substantively impact the visual and/or aesthetic impact to the city and such allowance is wartanted by physical site conditions or economic or business considerations or other factors as deemed reasonable by the planning director. 5. Portable signs shail not be located in one or more epsting parking spaces on a development site. 6. Porta6le sig"ns as authorized herein shall not have the following: a. Iilumination of any kind; b. Strobing or blinking or flashing lights; c. Eledrical animation; d. Changeable readercapy, electmnic or manual. 7. Fortable signs may have spinning elements including but not limfted to flags or pennants or balloons or windsocks attached to fhem; provided, that they do not at any time constitute a traffic safety orpedestrian safety hazard. 8. Portable signs advertising a business or service not located on the same site shall be allowed to be located oTf-site from the business or service being advertised; provided, that prior property owner authorization has been obtained by said business operator or service provider. 9. Each portable sign shall have-a ma�dmum total sign s¢e of 36 inches in height and 30 inches in width and 6e limited to two faces.. 10.Portable signs shall be allowed in the public right-of-way; provided, that any and all signs are not placed within vehicle travei lanes or improved/unimproved vehicle shouider areas or bicycle lanes, are not placed in froM of or biodc access to marked bus transR stops, do not interfere with or impede pedestrian traffic or exossings and do not create nonconformance to the Americans with Disabilities Act. J. Off-premises diredional signs shall be allowed in the RO, RO-H, CN, C- 1, G2, G3, DUC, BP, LF, M-1, M-2, EP, and the nonresidential used properties in the Tertace �ew Distrid and the PUD-Lakelarid Hills South subject to � obtainment of temporary sign pertnit authorization from the city and compliance with the following as appficabte: 1. Otf-premises directional signs as author¢ed herein shall not have the � foilowing: a. Illumination of any kind; Ordinance No.8459 February 28,2013 Page 13 of 24 b. Strobing or blinking or flashing lights; a Electricaf animation; d. Changeabie reader copy, electronic or manual. 2. Off-premises directional signs may have spinning elements including but not limited to flags or pennants or balloons or windsocks attached to them; provided, ihat they do not at any time constitute a traffic safety or pedestrian safety hazard. 3. Off-premises directional signs may be authorized to be placed in the public rights-of-way; provided, that placement in 4he;public rights-of-way does not constitute a traffic safety or pedestrian safety hazard and does noY creffie nonconfomiance to the Americans wfth Disabilities Act. 4. Off-premises directional signs may tie authorized tobe placed in on-site landscape areas, or ofF site on another private parcel of land that dces not. c%�in the business or service being advertised; provided,.that placement in on- site landscape areas does not impede sight distance and that off-site placement on another properly has received priorproperty owner author¢ation. 5. Off-premises directional signs shall not be located in one or more existing parking spaces on a developmerrt site. 6. Off-premises diredional signs shall have a maxirrium sign face area of 12 inches by 24 inches and a tofal heigM of 42 inches inclusive of any wood, metal, plastic or other support and a ma�omum of two sign faces. K. Prohibited Signs. From and atter the eifecfive date of the ordinance codified in this chapter, R shall be unlawFul for any person to erect or place within the city, except as othervvise authorized: 1. A swinging projecting sign; 2: Portable signs, except as permitted by ACC 18.56.025 (Real estffie signsj, 18.56A40(E) (G2 dishict) and subsections (q(1) through (10) of this section; 3. Banners, pennants, ribbons; streamers, spinners, rotating or blinking lights, strings of lights, orsimilar devices, except as permitted by subsedion B oi . this section (Temporary Signs); 4. Flashing signs; except as permitted in subsection D of this section (Sign Lighting Provisions); 5. Changing message center signs, except as allowed in the I, P-1, C-1, C- 2; C-3, M 1 and M-Zzones; 6. Signs-attached to, or placed on, a vehicle or trailer parked on private or public properly tliat is not associated with the business advertised on said sign(s). This provision is not to be consVUed as prohibiting the ident�cation of a firm or its prinapai products on a vehicle used in the norrimal course of business. This does not include automobile for sale signs or signs attached to franchised buses or tauis; 7. Private signs placed in or on a public right-of-way, except for as expressty permitted by this chapter, • S. Any sign which constitutes a traffic hazard or detrimeM to traffic safety by reason of its size, location, moVement, coloring, or method of illumination, or by obstructing the vision of drivets, or detracting from the visibility of any official traffic control device by diverting or tending to divert the attention of drivers of moving vehicles from Uaffic movement on streets, roads, intersedions, or access Ordinance No. 6459 February 28, 2013 Page 14 of 24 fadlities. No sign shall be ereded so that ft obsUucts the vision of pedesfians by glare or method of illumination or constitutes a hazard to traffic. No sign may use wortls, phrases, symbols or characters in such a manner as to intertere with, mislead, or coMuse trafFc; 9.Any sign or advertising structure or supporting structure that is tom, damaged, defaced or destroyed; 10. Signs attached to poles instailed by govemmental agencies, utility poles, trees, rocks or other naturalfeatures; 11. Signs attached to benches, garbage oans, or other street fumiWre located within the public right-of-way; 12. Rotating signs; 13. Biliboards; 14. Any sign which does not structurally or maberially confortn to the requiremerits of the city's adopted IMemational Building Code. L. Noncardortning Signs. Permanerrt signs established legalry prior to the adoption of the ordinance codified in this chapter that do not conform to the regulations of this chapter with regard to number, size, height or location shall be allowed fo remain as legal noncor�fortnmg signs except as follows: 1.1Nheneyer a new building replaces the principal building. 2.When there is an expansion of an exisGng building, the requirements of this section shall appy only if there is an incfease in floorarea of 25 perc;ent or more (inGuding the cumulative increase of previous expansions after the effective date of the ordinance amending this section). 3.Whenever a nonconforming use is replaced by a conforming use, the requiremerds of this section shall apply in full to the new use if and ony iF there is a change in reGuired signage due to fhe zoning district. 4.Any sign, including the sign strudure, noinror hereafter existing which no longer advertises a bona fide business conductetl or a produd sold. Such sign(s) shall be taken down and removed by the owner, agent or person having the beneficial use of the land, building or strudure upon which such sign may be found within 90 days atter written no4ification Trom the building official. M. Master Sign Plans Author¢ed. The pianning, building and community di�ector has the authority to require a master sign plari to ensure a consistent antl coordinated signage scheme for development proposals. In approving master slgn plans under the provisions of this subsection, the director has the authority to approve signage schemes that allow for signs greater in area and heigM than allowed in the paRicular zone in which the devetopment is located when a coordinated signage scheme is used. Master signage plans shali be recorded. N. Maintenance and Safety. All permanent, temporary and portable signs and components thereof must be maintained in good repair and in a safe, neat, clean and attractive wndition. Failure to maintain a sign(s) in accordance with this subsection shall be subject W the cbde compliance provisions of the Aubum City Code. (Ord. 6406 § 1, 2012; Ord. 6403 §§5, 6,.2012; Ord. 6363 § 5, 2011; Ord. 6360 §2, 2011; Ord. 6353 §6, 2011; Ord. 6327 § 6, 2010; Ord. 6287 §2, 2010; Ord. 6263 §6,.2009; Ord. 6166 §2, 2008; Ord. 5993 § 1, 2006; Ord. 5342 §2, 2000; Ord.4705 §2, 1994; Ord.4229 §2, 1987.) 18.56.040 Regulation by district. Ordinanee No. 6459 February 28,.2013 Page 15 of 24 A. R-R, R-S, LHRS, R-1, LHR1, R-2, LHR2, R-3, LHR3, R-4, LHR4, R- MHP, LHRMHP Zaning Districts(Nonresidential Uses, Except as Notedj. 1. ResideMial entry monument:.a cumulative area of 50 square feet or 10 feet in heigh4 (highest point of sign structure) noY fo exceed two per entrance; provided, that no sign exceeds 32 square feet irtarea. 2. Maximum sign area of all signs is 40 square feet per frontage. 3. Freestanding Signs. a. Total number permitted: one per frontage not to exceed two total freestanding signs per property.. b. Maximum.height: 10 feet. c. Maximum area: 32 square feet per face, calculated at a rate of one square foot of sign area for eVery three lineal feet of frontage. The minimum entitlement for freestanding signs shall be one 1&square-foot sign for those sites wRh frontages Iess than 48 feet. 4. Wall Signs(for Building or Tenant Space). a. Total number permitted: one per frontage not to exceed two total wall signs per building. b. Maximum area: 32 square feet, calculated at a rate of one square foot of sign area for edery three lineal feet of frontage. The minimum entitlement for wall signs shall be one 16-square-foot sign for those sites with frontages less than 48 feet. 5. Signs may be indirectly illuminated only. _ B. RO, RO-H, GN, C-1, LHC1, BP Zoning Districts(Nonresiderrtial Uses). 1. Maximum sign area of all signs is 150 square feet per frontage. 2. Freestanding Signs. a. Total number permitted: one per frontage not to exceed two total. b. Maximum heigM: 22 feet, 10 feet in the RO zone. c. Meximum area 100,square feet per face, 75 square feet per face in the RO zone, calcuisted at a rate of one square foot of sign area for every two lineal feet of frontage. Minimum entklement fo�freestanding signs shall be one sign at 32 square feet for those.sites with less than 64 feet of frontage. d. If pertnitted, the second freestanding sign shall not exceed 50 percent of the area allowed for a single freestanding sign and 150 feet measured in a straight-line distance must separate mulfipie pole signs. 3. WalfSigns(for Building o�Tenant Space). a. Total number permitted: one per frontage. b. Manimum area: 100 square feet, calculated at a rate of one square foot of sign area for every 1.5 lineal feet.of frontage. For multitenant buildings where freestanding signage contains the name of not more than one tenaM business (e.g., a prime tenant name or a shopping cerrtername), an additional 25 percerrt of wall signage per tenant space shall be allowed. This increase in signage shall _ not apply to minimum entitlement for wail signs, which shall be one sign at 16 square feet: c. Signs may be directly or indiredly illuminated. 4. Suspended Signs. a. Total numberpertnitted: one per entrance. b. Maximum area: six square feet per face. c. Minimum Gearance is eigM feet.from sign to grade. Ordinance No.6459 February 26,2013 Page 16 of 24 5. Projecting Signs. � a. Not permitted in C-N, RO or RO-H. b. Total number permitted: one in lieu of a permitted freestanding sign. c. Maximum height: height requirement of the zoning district. d. Ma�dmum area: 50 percent of the area allowed for single freestanding signs. C. P-1, LHP1, 1, LHI Zones. 1. Freestanding Signs. a.Total number pertnitted: one per frontage not.to exceed two total. b:Maximum heigM: 1 S feet. c. Maximum area: 80 square feet per face, caiculated at a rate of one square foot of. sign area for every two lineal feet of frontage. The minimum entitlement for freestanding signs isonesign at 32 square feet. d. If pertnitted, the second freestanding sign shall not exceed 50 percent of the area allowed for a single freestanding sign and 150 feet measured in a straight-line distance must separate multiple pole signs. e. Forprojects, pa[cels or complexes that have a single sVeet frontage and more than 300 feet of street frontage, a changing messege cenfer sign may be permitted for a total of two signs per frorrtage subject to the foilowing: i. Onty one changing message ceMe�is prcJided. ii. Muttiple signs are separated by at lea§t 150 feet. iii. The combined area of the two signs does not exceed 120 square feet in size and neither sign is greater fhan 80 square feet in size. 2. VNall Signs (for Building orTenant Spacej. a. Total number pertnitted: two per street frontage. b. Maximum area 50 square feet for total ofall wall signs per frontage. c. Signs may be directly or indirectly illuminated. D. LF, M-1, M-2 Zoning Districts. 7. Ma�dmum sign area of all signs is 150 square feeUfrontage. 2. Freestanding Signs. a. Total number permitted: two per frontage not to exceed four total. b. Ma�dmum height: 30 feet. c. Maximum area: 125 square feet per face, caiculated at a rate of one square foot of sign area for every two lineal feet of frontage. Minimum entitlement for freestanding signs is 32 square feet for those sites without 64 feet of frontage. d.The totel area of freestanding signs on a_r�y given frontage shall not exceed the area allowed for a single freestanding sign. e. The maximum height of signs loqted on a se�nd or third frontage shall be 20 feet. f. Multiple freestanding signs must be separated by 150 feet measured in a straight line Cistance. 3.Wall Signs(for Building or Tenant Space). a. Total number permitted: one per frontage. b. Maximum area: 100 square feet, calculated at a rate of one square foot of sign area for every 1.5 tineal feet of frontage. 4. ProjectingSigns. a.Total number pertnitted: one in lieu of a permitted freestanding sign. b. Ma�dmum heigM: height requirement of the zoning district. Ordinance No.6459 February 28,2013 Page 17 of 24 c. Ma�cimum area: 50 percent of the area allowed for single freestanding sign., E. G2 Zoning District. 1. Maximum sign area of ali signs is 200 square feet. 2. Hanging signs that are designed to displ.ay the availability of a specfic produd in a business, limited to three square feet and no more than two such signs per business, shall be consideretl permanent signs, but shall not be ca�ulated as part of the maximum allowed signage. 3. Freestanding Signs. a. Freestanding signs are not allowed on properties abutting or oriented towariJ Main Street. b. Total number permitted: one per frontage not to exceed two total. c. Maximum height: 20 feet. d. Maximum area: 75 square feet per face, calculated at a rate of one square foot of sign area for each lineal foot of frontage. Minirtium entRlement for freestanding signs shall be one sign at 32 square feet. 4.Wall Signs. a. Total number permitted: one per frontage. b. Maximum area: 150 square feet, calculated at a rate of one square foot of sign area for every one Iineal foot of frorrttage. For multitenarrt buildings where freestanding signage contains the name of not more than one tenant business (e.g., a prime tenant name or a shopping center name), an additionaf25 percent of wali signage per tenant space shall be ailowed. This increase in signage shall not apply to minimum entiUement for wail signs, which shall be one sign at 16 square feet. 5: Suspended Signs. One double-faced suspended sign, noY exceeding three square feet per face, may be allowed for each business enVance. There shall 6e a minimum of eigM feet of clearence between the grade and the sign. 6: Portable Signs. One portable sign may be allowed for each business enuance, not to exceed one portable sign per building frontage, subject to the following: a. May be placed within public right-of-way subject to the guidelines provided by the phanning and development director in consultation with the city engineer such thatsign does not iMerfere wfth pedestrian or vehicular traffic and conforms to the requirements of the Ameriqns with Disablities Act. b. May not exceed 36 inches in heigM and 30 inches in width and be limited to rivofaces. c. May be displayed during business hours only. d. Must be construded of either wood or another sturdy material to ensure stability in the wind. e. May not move, spin,flash, or othenerise be animated. f. Shall meet applicable supplemental design requirements of the Aubum downtown association. 7. Supptemerrtal Sign Standards, G2 Zone. a Sign Design and Construdion. i. All signs, other than temporary signs, shali be made of professional, durable materials such as wood, metal, and/or glass. Ordinance No.6459 February28,2013 Page 18 of 24 ii. Signs that are indirectly illuminated shail have their light sourcesshielded from view. iii. Intemally illuminated signs are not permitted,atiutting or orierrted toward Main Street. b. Sign Placement. i. Signs shall be oriented toward pedesVian visibility and shall be positioned at such a height as to be readable by pedesfians. ii. Extemaliy mounted wall signs shall not be mounted so as to biodc building windows.. F. G3 Zoning District. 1. Freestanding Signs. a Total number pertnitted:two per frontage not to exc�eed four total. b.:Mabmum heigM: 30 feet. c. Maximum area 200 square feet, calculated at a rate of one square foot of sign area for every two lineal feet of frontage; provided, that the maximum size of any sign does not exceed 125 square foot per facs. The minimum entitlement for freestanding signs is 32 square feet for tho§e sites wfthout 64 feet of frontage. d. The total area of freestanding signs on any given frontage shall not exceed the area allowed for a single frees4anding sign. _ e. The maximum height of signs located on a second or third ftorrtage shall be20 feet. 2.Wall Signs(for Building or Tenant Space). a. Maximum area: 125 square feet, calculated at a rate of one square foot of sign area for every 1.5 lineal feet of frontage. 3. Projeding Signs. a. Total number pertnitted: one in lieu of a,permitted freestanding sign. b. Maximum height: height requirement of the zoning distrid. c. Maximum area: 50 percent of the area allowed for single freestanding sign. 4. Suspended Signs. a. Total number permitted: one. b. Maximum placement height: 25 feet: c.Maximum area: six square feet per face. d. Minimum Gearance'is eight feet from sign to grade. 5. Off-Fremises Signs. a. Total number permitted: one perbusiness and one per parcel. b: Location: off-premises sign must be located in.a zone that pertnits off- premises signs. c. Maximum height: 20 feet. d. Maximum area: 50 percent oF the area allowed for single freestanding sign, calculafed using the feet of fron4age of the site where the sign is located. e. Must be within 750 feet of 4he business being advertised. f. Must be separated from any existing pole sign a minimum distance of150 feet measured in a straight-line distance. g. Sign can be no more than tuvo faces. h. Signs may be directry orindiredly iiluminated. \ G. EP Zoning Distrid. 1. Maximum sign area of all signs is 150 square feet per sVeet frontage. Ordlnance No.6459 February 28,2013 Page 19 of 24 2. Freestanding Signs. a. Freestanding signs shall be limfted to ground signs. b. Total number permitted: one per frontage not to exceed two total. c: Maximum heigM: 10 feet. d. Maximum area: 100 square feet per face, calculated at a rate of one square foot of sign area for every two lineaf feet of frontage. Minimum entRlement for freestanding signs is 32 square feet for those sites with less than 64 feet of frarrtage. e. Mukiple freestanding signs must be separated by 150 feet measured in a straight-line distance. f. Minimum Yard Setbadcs. i: Diredy illuminated signs: 10 feet; . ii. IndirecNy illuminated signs: fiye feet. 3.1NaII Signs (for Buil_ding or Tenan4 Space). a. Totaf number pertnitted: oneper frontage. b..Maximum area: 100 square feet, calculated at a rate of one square foot of sign area for every 1.5 lineal feet of frontage. For muttitenant buildings where freestanding signage contains the name of not more than one tenant business (e.g., a prime tenant name), an addRional 25 percent of uvall signage per tenaM spa� shall be allowed. This increase in signage shall not apply to minimum entitlement farwall signs,which shall be one sign at 16 square feet. (Ord. 6406 §1, 2012; Ord. 6360 §2, 2011; Orii. 6287 §2, 2010; Ord. 6036 §4, 2006; Ord. 5993 § 1, 2006; Ord.4229§2, 1987.) 18.56.050 Administrative provisions. A. PerrnRs Required. Except as proqided in subsection B of this section, no signs shall hereafter be erected, re-erected, oonstruded, altered, or maintained except as provided 6y this diapter and, when required, a building permit for the same has been issued tiy the building official. A separate pertnit shail be required for a sign or signs for each business entity and/or a separate permit shall be required foceach group of signs on a single supporting structure. _ 1.Application forPerrnits. Application for sign pertnits shall be made to the building official on a fortn as provided by the building division. Such appliption shall require: a. Name of business and address where work is to be performed. b. Name and address of property owner. c. Name and title of the person completing the application. d. Name and address, telephone number of the person or firm doing the work and preferaby the owner of said es4ablishmerrt. e. Washington contractor's registrafion number, industrial use permit number, sales tax numbec f. A site plan showing location of the sign in relation to buildings, properly linesantl street right-of-way including the.size and location of all existing signs on the property. g. A scale drawing of'the proposed sign or sign revision showing size, height, copy, structural and footing details; and material specifications. h. A descrip4ion of work to be perforrned and type of sign. Ordinance No.6459 February 28, 2013 Page 20 of 24 i, Electriql load with name of elecVical wntrador responsibie for installation of service feed wires if other than sign.�ntrador. ' j. SWdural engineers stamp required on those signs and sign structures subject to wind and seismic forces. 2. Revocation of Permit. The building officiai may, in miting, suspend or revoke a pertnit issued under the provisions of this chapter whenever the pertnit is issued in error or on the basis of incorrect information suppiied, or in violation of arry ordinance or regulation or any of 4he provisions of this chapter. 3. Pertnit Fee Schedule.The fees prescxibed in 4he aty's fee schedule must be paid to the city for each sign installation for which a permit is required by this chapter and must be paid before any such permit is issued by the buiiding officiai. Fees for building permits for each sign erected, installed, affixed, � struduraly altered, relocated, or created by painting shall be set in accordance with the city's fee schedule. 4. Sign permits shall be processed in accordance with the relevant timelines andprocedures ident�ed in ACC Title 14, Project Review. B. Irrterpretation. In all applications for permits where a matter of irtterpretation arises, the most restrictive d�nition shali predaiG (Ord. 6406 § 1, 2012; Ord. 6360 §2, 2011; Ord. 5993 § 1,2006; Ord. 4705 § 2, 1994; Ord. 4228 §2, 1987:) 18:58.060 Deviations, variancesand appeals. A. The pianning and developmerit director may grant up to a 50 percent deviation to the provisions of this sign code related to sign height and sign area. In a petRion for a deviation, the planning and development director shall have the power and duty to review, decide, grarrt, grarrt with conditions oc deny the [equested deviation. The planning and developmeM d'irector may grarrt a de4iffiion from the provisions of this chapter only when the deviation is within 50 percent of the entitlemeM and all of the following findings of facc are met: 1.The literal interpretation and strid application of the provisions and requiremeMs would cause undue and unnecessary hardship because of unique or unusual conditions pertaining to the speafic building, parcel or property in quesfion; and 2:The grar�ting of the requested deviation would not be materially detrimental to the public wetNare or injurious to the property or property awners in the vicinity; and 3.The granting of the deviation would not be contrary to the general objective and intent of this chapter,this tRle, or the comprehensive plan. B.An applipnt requesting an administrative deviation under the provisions of this chapter shait submit the following, along with the required filing fee: 1. A letter in memorandum fortnat outlining how the request is consistent with the criteria of this subsection. 2. A site plan that is accurately drawn to an engineered scale of one inch equals 40 feet, one inch equals 20 feet, one inch equals 10 feet that includes the fallowing infortnation: a. Boundaries and dimensions of the site, b. Lacation of buildings, parking areas and adjacent streets, Ordinance No.6459 February 28,2013 Page21 of24 I c. Graphic representations of all existing signs inGuding their size, height and placemeM on the site, d. G2phic representation of the proposed sign(s) subject to the request, e. Bullding elevation showing the placement of the sign on that elevation, ff appliqble: C. The adion of the planning and development director rejeding, approving or modifying any decision or application`is a final administrative decision subjed to"appeal to the city's hearing e�miner. Appeals of administrative decisions with regard to this cFiapter shall be processed consistent with ACC 18.70.050. D. The planning.and development diredor shall render a written decision on the reguested deviation request within seven business days of submittai of all required elements and filing fee. E. Requests that exceed the 50 percent deviation or those not related to allowable sign height or sign area shall be processed as a variance in accordance with ACC 18.70.010. F. The planning and development director may allow for the repair or reptacement of nonconforming signs that have a significant historical or cultural element or are irrtegrel components of a building roof or facade that has a sign'fiicant historical or cultural element to which the sign is a contributing component. (Ord. 6406 § 1, 2012; Ord. 6360 § 2, 2011; Ord. 6287 §2, 2010; Ord. 5993§1, 2006; Ord. 4229 §2, 1987.) 18.56.070 Liability. ' This chapter shali not be constituted to relieve from or lessen the responsibility of arry person owning„building, attering, construding, removing or moving any sign in the city for damages to anyone injured or damaged either in person or property by any defect the�ein; nor shall the aty, or any agerrt thereof, be held.as assuming such liability by reason of permit or inspection authorized herein or a cert�cate of inspection issued by the aty or any of its ageMs. (Ord. 6406 § 1,2012; Ord. 6360 §2, 2011; Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987. Formeriy 18.56.110.) 18.56.080 Conflicts repealed. All sections or parts of sections of the municipal code, all ordinances and all resolutions or parts of resolutions, in conflict herewRh, be and the same, are repealed to the extertt of such co�ict. (Ord. 6406 § 1, 2012; Ord. 6360 §2, 2011; Ord. 5993 § 1, 2006; Ord.4228§2, 1987. Fortnerly 18.56.120.) 1 Code reviser's note: Section 2 of Ord. 6406 provides: "REVERSION OF PRIOR SIGN CODE.That effeetive on April 22,.2013, Chapter 18.56 of the Autium City Code, sliall revert to the language of the City ofAubum Sign Code as adopted in Ordinance No. 5993 on February 6, 2006, as amended by Ordinance No. 6403, adoptad on February 21,2012,or as othenvise provided by City Ordinance.° Section 2. REVERSION OF PRIOR SIGN CODE. That effective on April 22; 2014, Chapter 18:56 of the Aubum City Code, shaU revert to the Ordinance No.6459 February 28,2013 Page 22 of 24 language of the City of Aubum Sign Code as:adopted in Ordinance No. 5993 on February 6, 2006, as amended by Ordinance No. 6403, adopted on February 21, 2012, or as othervvise provided by C'ity Ordinance. Section 3. Imolemenfation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carty out the directions of this legislation. Section 4. Severabilitv. The provisions of this ordinance are deGared to be separate and severable. The invalidity of any ciause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, orthe validity of its application to other persons or circumstances. Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law, and as provided herein. INTRODUCED: �AR 1 $ 2013 PASSED: MAR 1 $ 2OI3 APPROVED: MAR 1 $ 2013 ci uB � i P TER B. L IS, MAYOR ATTEST: Ordinance No.6459 February 28,2013 Page23 oi 24 /�l1/.�k�r�Y��1� Danielle E. Daskam, Gity Clerk APPROVED AS TO FORM: DanielB. He ; orne Published' �2� d�/j�--- �� �'� /�J Ordinance No:6459 February 28, 2013 Page 24 of 24