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Home My WebLink AboutITEM V-BAGENDA BILL APPROVAL FORM * SASH II'Ti Agenda Subject: Ordinance No. 6360 -Interim Zoning Controls for Date: April 6, 2011 Real Estate Signs Department: Planning & Attachments: Ordinance No. 6360 Budget Impact: Not Development Applicable Administrative Recommendation: Recommend to City Council introduction and adoption of Ordinance No. 6360 Background Summary: Recently, the City has been approached by developers and owners of residential and non-residential real property in the City requested authorization for the placement of real estate signs on public and private properties in locations, numbers and of a size than is currently allowable under existing City regulations. Ordinance No. 6360 would establish one (1) year interim zoning controls pertaining to the allowance, dimensions and location of real estate signs for the sale, lease or rent of residential and non-residential development properties. The Ordinance would immediately assist in local economic development associated with the sale and development of residential and non-residential property in the City that can have a positive impact on the City finances in terms of real estate excise tax, development review fees, impact fees, system development charges, sales taxes and property taxes that contribute to the City's ability to provide public services. At the same time, the City Council's passage of Ordinance No. 6360 will provide the City Council, Planning Commission, interested citizens and City staff a reasonable time opportunity to fully consider all the options and alternative standards for the regulation of different sizes and types of residential and non- residential real estate signs and provide procedures for the permitting of these signs. Further, it will allow the City to fully investigate, understand and appropriately address the potential negative impacts of these signs as may be appropriate. The City Council's establishment of interim zoning controls is permitted under the provisions of RCW 35A.63.220 and 36.70A.390. For conformity to these statutes, the City Council must hold a public hearing on the establishment of the interim zoning controls within 60 calendar days of its adoption by Council. Staff has tentatively identified June 6, 2011 as the public hearing date. If the Committee determines to move Ordinance No. 6360 forward to City Council, it will be presented to the Public Works Committee for discussion at its April 18, 2011 regular meeting and will be presented to City Council for potential action at its April 18, 2011 regular meeting. Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0 ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ®Planning & CD ❑ Fire ®Planning ❑ Park Board ❑ Public Works ®Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing I l Referred to Until I l Tabled Until I I Councilmember: Norman Staff: Sn der Meeting Date: April 11, 2011 Item Number: rr~Y t 4 ~ i ri' rr ~ :'r }1 •~K SAY J l ~ ~ I i y a fir' ti i f.. ~ ~ .i f ~ Sr 'r9 .AS ~1 ORDINANCE N0.6_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 18.56 OF THE AUBURN CITY CODE, ESTABLISHING INTERIM ZONING CONTROLS FOR THE PURPOSE OF REGULATING THE ALLOWANCE, DIMENSIONS AND LOCATION OF REAL ESTATE SIGNS WHEREAS, Section 18.56.025 of the Auburn City Code provides standards and procedures for the regulation of real estate signs for the sale, lease or rent of residential and non-residential property; and WHEREAS, in response to the significant and documented impacts of the current economic recession, developers and owners of residential and non- residential real property in the City have approached the City and requested authorization for the placement of real estate signs on public and private properties than is currently allowable under existing City regulations; and WHEREAS, the City Council finds that current economic situations warrants reconsideration of existing regulations related to residential 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 conformity with the responsibilities of the City of Auburn to provide for zoning and land use regulations pursuant to state law, and the City's authority to regulate land use activity within its corporate limits, the City intends to Ordinance No. 6360 April 2011 Page 1 of 28 update its current zoning and land use regulations for residential and non- residential real estate signs; and WHEREAS, to provide for economic development associated with the sale and development of residential and non-residential property in the City that can have a positive impact on the City finances in terms of real estate excise tax, development review fees, impact fees, system development charges, sales taxes and property taxes that contribute to the City's ability to provide public services, it will be necessary for there to be regulations in place to 1 } provide standards for the regulation of different sizes and types of residential and non-residential real estate signs and 2) provide procedures for the permitting of these signs; and WHEREAS, in order to fully consider all the options and alternatives for such regulations, and to fully investigate and review all of the factors involved in developing appropriate regulation of different sizes and types of residential and non-residential real estate signs, the City needs time to complete such reviews and put into place such regulations that address and balance economic development interests and the public health, safety and welfare; and WHEREAS, RCW 35A.63.220 and 36.70A.390 authorize cities to adopt interim zoning controls; and WHEREAS, the City Council concludes that the City has the authority, and that it is necessary to establish interim zoning controls for residential and non- residential real estate signs to 1) provide standards for the regulation of different sizes and types of residential real estate signs and 2) provide procedures for the permitting of these signs; and Ordinance No. 6360 April 2011 Page 2 of 28 WHEREAS, consistent with the provisions of RCW 35A.63.220, it is appropriate for the City Council to hold public hearings and to authorize the holding of public hearings andlor other means to gather information and adopt findings of fact supporting and justifying the interim zoning controls, and to implement a work plan for review of the City's currently adopted signage regulations pertaining to residential and non-residential real estate signs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Interim Zoning Controls. Pursuant to RCW 35A.63.220, interim zoning controls as specified in Section of this Ordinance pertaining to the regulation of residential and non-residential real estate signs in Chapter 18.56 (Signs) and more specifically Section 18.56.025 of the Auburn City Code are hereby imposed in all zoning districts in the City of Auburn. Section 2. Interim Sign Code. Consistent with the parameters and provisions hereof, Chapter 18.56 of the City Code shall be amended as the Interim Sign Code, as follows: Chapter 18.56 SIGNS Sections: 18.56.010 Intent. [Effective before March 16, 2012.] 18.56.010 Intent. [Effective March 16, 2012.] 18.56.020 Definitions. [Effective before March 16, 2012.] 18.56.020 Definitions. [Effective March 16, 2012.] 18.56.025 Real estate signs. 18.56.030 General provisions, all districts. [Effective before March 16, 2012.] 18.56.030 General provisions, all districts. [Effective March 16, 2012.] 18.56.040 Regulation by district. 18.56.050 Administrative provisions. 18.56.060 Deviations, variances and appeals. Ordinance No. 6360 April 2011 Page 3 of 28 18.56.070 Liability. 18.56.080 Conflicts repealed. 18.56.090 Repealed. 18.56.100 Repealed. 18.56.010 Intent. [Effective before March 16, 2012.] 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 visual communication in the city. This chapter is also intended to avoid visual clutter that may adversely impact traffic and pedestrian safety, or be adverse to property values, business opportunities and the city's appearance and to prevent and abate public nuisances. The purpose of this chapter is implemented by controlling the construction, location, use and maintenance of all signs and sign structures. It is also 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 than commercial speech. This chapter is further intended to support local businesses in the 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, size, location and placement. (Ord. 6353 § 1, 2010; Ord. 6263 § 1, 2009; Ord. 5993 § 1, 2006; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.) 18.56.010 Intent. [Effective March 16, 2012.] 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 visual communication in the city. This chapter is also intended to avoid visual clutter that may adversely impact traffic and pedestrian safety, or be adverse to property values, business opportunities and the city's appearance and to prevent and abate public nuisances. The purpose of this chapter is implemented by controlling the construction, location, use and maintenance of all signs and sign structures. It is also 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 than commercial speech. (Ord. 6353 § 2, 2010; Ord. 6263 § 2, 2009; Ord. 5993 § 1, 2006; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.) 18.56.020 Definitions. [Effective before March 16, 2012.] 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 or manufactured source of supply or contains wind-actuated motion (except for flags and banners). An animated sign may also be a sign that meets the definition of "changing message center" or "revolving sign." B. "Banner" means a temporary sign constructed of fabric, vinyl, or other durable material; which is not the primary identification for the organization, event or product advertised; and which is primarily promotional in nature. C. "Billboard" means a large outdoor advertising sign containing a message, commercial or otherwise, unrelated to the use or activity on the property on which the sign is located andlor to any use or activity in the immediate area (such as is the case with an off-premises sign) and which is customarily leased for commercial purposes. The approximate sizes of the billboard faces range from 12 to 14 feet in height and 24 to 48 feet in width. D. "Changing message center" means an electronically controlled message center that displays different copy changes on the same lamp bank. E. "Directional sign" means a sign which is located to guide or direct pedestrian or vehicular traffic 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 excess of 500 spaces, the sign area may be 10 square feet and the sign height 15 feet. F. "Double-faced sign" means a sign with two faces. Ordinance No. 6360 April 2011 Page 4 of 28 G. "Electrical sign" means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper. H. "Facade" means the entire building front, or street wall face, including grade to the top of the parapet or eaves, and the entire width of the building elevation. I. "Flashing sign" means an electrical sign or a portion thereof which changes light intensity in a sudden transitory burst, or which switches on and off in a constant pattern 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 multitenant buildings or multibuilding complexes. L. "Grade" means the 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 the ground. 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 tenant space and/or address of the premises. 0. "Incidental sign" means a sign that is generally informational and of a noncommercial nature intended primarily for the convenience 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 buildings and parking lots, help wanted, public telephones, etc. Also included are property control and warning signs such as "no trespassing," "no dumping," etc., and plaques, tablets or inscriptions which are an integral part of a building. P. "Mansard roof" means a sloped roof or roof-like facade architecturally able to be treated as a building wall. Q. "Marquee" means a permanent structure attached to, supported by, and projecting from a building and providing protection from the weather elements. For the purpose of this chapter, a freestanding, permanent roof-like structure providing protection from the elements, such as a service station gas pump canopy, will also be considered a marquee. The term "marquee" also includes canopy. R. "Marquee sign" means any sign which forms part of or is integrated into a marquee and which does not extend horizontally 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 that is placed within the median of a public street. T. "Multiple-building complex" means a group of commercial or industrial structures, developed as a group either simultaneously or in phases, with more than one building per parcel. U. "Multiple-tenant building" means a single structure housing more than one retail business, office 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 lawful use of the premises on which it is located, including signs indicating the business transacted at, services rendered, goods sold or produced on the premises, name of the person, firm or corporation occupying the premises. W. "Off-premises sign" means any sign which advertises an establishment, merchandise, service, goods, or entertainment which is sold, produced, and manufactured, or furnished at a place other than on the property on which said sign is located. X. "Parapet" means a false front orwall extension above the roofline. Y. "Perimeter" means a square or rectangle required to enclose the sign area. Z. "Portable sign" means any sign made of any material, including paper, cardboard, wood or metal, which is capable of being moved easily and is not permanently affixed to the Ordinance No. 6360 April 2011 Page 5 of 28 ground, structure or building. This also includes sidewalk or sandwich board signs, except those worn by a person. AA. "Premises" means the real estate as a unit, which is involved by the sign or signs mentioned in this chapter. BB. "Projecting 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 inches beyond the surface of said structure or wall but does not extend more than five feet beyond the property line, extends no more than six inches above any roofline, and meets all standards for ground clearance. Signs that meet the definition of "marquee sign" or "suspended sign" will not be considered a "projecting sign." CC. "Real estate sign" means a portable sign erected by the owner, or the owner's agent, advertising the real estate upon which the sign is located for rent, lease or sale. DD. "Revolving sign" means any sign that rotates or turns in motion by electrical or mechanical means in a circular pattern. EE. "Roof sign" means a sign erected upon 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 communication device, structure, or fixture which is visible from any right-of-way intended to aid a land use in promoting the sale or identification of a product, good or service using graphics, symbols, or written copy. For the purpose of this chapter, a sign shall not be considered to be building or structural design. It shall be restricted solely to graphics, symbols, or written copy that is meant to be used in the aforementioned way. This definition shall include inflatable signs, balloons or other similar devices. GG. "Sign area" means: 1. The total area of a sign visible from any one viewpoint or direction, excluding the sign support structure, architectural embellishments, or framework that contains no written copy, and includes only one side of adouble-faced sign. 2. Individual letter signs using a wall as the background without 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 the total area of the 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 by the smallest rectangle enclosing the extreme limits of the letter module or advertising message being measured. HH. "Sign height" means the vertical distance measured from the adjacent grade to the highest point of the sign. II. "Sign structure" means any structure that supports or is capable of supporting any sign as defined in this chapter. A sign structure 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 contains one enterprise or occupant. Buildings within a multibuilding complex may not be considered asingle- tenantbuilding. KK. "Special event signage" means temporary signs including posters, flags, pennants, and inflatable materials; which are not the primary identification for the organization, event or product advertised; and which are primarily intended for short-term promotional periods. LL. "Suspended sign" means a sign that is attached to and suspended from a marquee or canopy, and subject to right-of-way and clearance regulations. MM. "Temporary sign" means any sign or advertising display constructed of wood, vinyl, cloth, canvas, light fabric, paper, cardboard, or other light materials, with or without frames, intended to be displayed for a limited time only. This definition shall include inflatable signs. NN. "Traffic hazard" means any sign which does not meet city standards for clear zone or sight distance or which does not meet the 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 building to which it is attached and supported through its Ordinance No. 6360 April 2011 Page 6 of 28 entire length, with the exposed face of the sign parallel to the plane of said wall or facade. "Window signs" which do not meet the definition of a "temporary sign" shall be considered as wall signs. PP. "Window sign" means a sign located inside or affixed to windows of a building, whether temporary or permanent, lighted or unlighted, which may be viewed from the exterior of the building. QQ. "Feather banner or sign" means a fabric sign with printed advertisement on one or two faces that is either 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 or in the public right-of-way as authorized that directs or guides persons to an establishment, merchandise, service, goods, or entertainment which is sold, produced, and manufactured, or furnished at a place other than on the property or public right-of-way on which said sign is located. (Ord. 6353 § 3, 2010; Ord. 6263 § 3, 2009; Ord. 6166 § 1, 2008; Ord. 5993 § 1, 2006; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) 18.56.020 Definitions. [Effective March 16, 2012.] 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 or manufactured source of supply or contains wind-actuated motion (except for flags and banners). An animated sign may also be a sign that meets the definition of "changing message center" or "revolving sign." B. "Banner" means a temporary sign constructed of fabric, vinyl, or other durable material; which is not the primary identification for the organization, event or product advertised; and which is primarily promotional in nature. C. "Billboard" means a large outdoor advertising sign containing a message, commercial or otherwise, unrelated to the use or activity on the property on which the sign is located andlor to any use or activity in the immediate area (such as is the case with an off-premises sign) and which is customarily leased for commercial purposes. The approximate sizes of the billboard faces range from 12 to 14 feet in height and 24 to 48 feet in width. D. "Changing message center" means an electronically controlled message center that displays different copy changes on the same lamp bank. E. "Directional sign" means a sign which is located to guide or direct pedestrian or vehicular traffic 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 excess of 500 spaces, the sign area may be 10 square feet and the sign height 15 feet. F. "Double-faced sign" means a sign with two faces. G. "Electrical sign" means a sign or sign structure in which electrical wiring, connections, andlor fixtures are used as part of the sign proper. H. "Facade" means the entire building front, or street wall face, including grade to the top of the parapet or eaves, and the entire width of the building elevation. I. "Flashing sign" means an electrical sign or a portion thereof which changes light intensity in a sudden transitory burst, or which switches on and off in a constant pattern 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 multitenant buildings or multibuilding complexes. L. "Grade" means the 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 the ground. The height of a ground Ordinance No. 6360 April 2011 Page 7 of 28 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 tenant space and/or address of the premises. 0. "Incidental sign" means a sign that is generally informational and of a noncommercial nature intended primarily for the convenience 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 buildings and parking lots, help wanted, public telephones, etc. Also included are property control and warning signs such as "no trespassing," "no dumping," etc., and plaques, tablets or inscriptions which are an integral part of a building. P. "Mansard roof" means a sloped roof or roof-like facade architecturally able to be treated as a building wall. Q. "Marquee" means a permanent structure attached to, supported by, and projecting from a building and providing protection from the weather elements. For the purpose of this chapter, a freestanding, permanent roof-like structure providing protection from the elements, such as a service station gas pump canopy, will also be considered a marquee. The term "marquee" also includes canopy. R. "Marquee sign" means any sign which forms part of or is integrated into a marquee and which does not extend horizontally 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 that is placed within the median of a public street. T. "Multiple-building complex" means a group of commercial or industrial structures, developed as a group either simultaneously or in phases, with more than one building per parcel. U. "Multiple-tenant building" means a single structure housing more than one retail business, office 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 lawful use of the premises on which it is located, including signs indicating the business transacted at, services rendered, goods sold or produced on the premises, name of the person, firm or corporation occupying the premises. W. "Off-premises sign" means any sign which advertises an establishment, merchandise, service, goods, or entertainment which is sold, produced, and manufactured, or furnished at a place other than on the property on which said sign is located. X. "Parapet" means a false front orwall extension above the roofline. Y. "Perimeter" means a square or rectangle required to enclose the sign area. Z. "Portable sign" means any sign made of any material, including paper, cardboard, wood or metal, which is capable of being moved easily and is not permanently affixed to the ground, structure or building. This also includes sidewalk or sandwich board signs, except those worn by a person. AA. "Premises" means the real estate as a unit, which is involved by the sign or signs mentioned in this chapter. BB. "Projecting 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 inches beyond the surface of said structure or wall but does not extend more than five feet beyond the property line, extends no more than six inches above any roofline, and meets all standards for ground clearance. Signs that meet the definition of "marquee sign" or "suspended sign" will not be considered a "projecting sign." CC. "Real estate sign" means a portable sign erected by the owner, or the owner's agent, advertising the real estate upon which the sign is located for rent, lease or sale. DD. "Revolving sign" means any sign that rotates or turns in motion by electrical or mechanical means in a circular pattern. EE. "Roof sign" means a sign erected upon 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. Ordinance No. 6360 April 2011 Page 8 of 28 FF. "Sign" means any visual communication device, structure, or fixture which is visible from any right-of-way intended to aid a land use in promoting the sale or identification of a product, good or service using graphics, symbols, or written copy. For the purpose of this chapter, a sign shall not be considered to be building or structural design. It shall be restricted solely to graphics, symbols, or written copy that is meant to be used in the aforementioned way. This definition shall include inflatable signs, balloons or other similar devices. GG. "Sign area" means: 1. The total area of a sign visible from any one viewpoint or direction, excluding the sign support structure, architectural embellishments, or framework that contains no written copy, and includes only one side of adouble-faced sign. 2. Individual letter signs using a wall as the background without 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 the total area of the 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 by the smallest rectangle enclosing the extreme limits of the letter module or advertising message being measured. HH. "Sign height" means the vertical distance measured from the adjacent grade to the highest point of the sign. II. "Sign structure" means any structure that supports or is capable of supporting any sign as defined in this chapter. A sign structure 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 contains one enterprise or occupant. Buildings within a multibuilding complex may not be considered asingle- tenantbuilding. KK. "Special event signage" means temporary signs including posters, flags, pennants, and inflatable materials; which are not the primary identification for the organization, event or product advertised; and which are primarily intended for very short-term promotional periods. LL. "Suspended sign" means a sign that is attached to and suspended from a marquee or canopy, and subject to right-of-way and clearance regulations. MM. "Temporary sign" means any sign or advertising display constructed of wood, vinyl, cloth, canvas, light fabric, paper, cardboard, or other light materials, with or without frames, intended to be displayed for a limited time only. This definition shall include inflatable signs. NN. "Traffic hazard" means any sign which does not meet city standards for clear zone or sight distance or which does not meet the 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 building to which it is attached and supported through its entire length, with the exposed face of the sign parallel to the plane of said wall or facade. "Window signs" which do not meet the definition of a "temporary sign" shall be considered as wall signs. PP. "Window sign" means a sign located inside or affixed to windows of a building, whether temporary or permanent, lighted or unlighted, which may be viewed from the exterior of the building. (Ord. 6353 § 4, 2010; Ord. 6263 § 4, 2009; Ord. 6166 § 1, 2008; Ord. 5993 § 1, 2006; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) 18.56.025 Real estate signs. No sign permit is required, except 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 frontage not to exceed five square feet in sign area per side, placed entirely on the property for sale, and not to exceed a height of seven feet. B. Residential directional "open house" signs: such signs shall be limited to one sign per street frontage on the premises for sale and three off-premises signs. However, if a brokerlagent Ordinance No. 6360 April 2011 Page 9 of 28 has more than one house open for inspection in a single development or subdivision, helshe 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 brokerlagent or seller or an agent is in attendance at the property for sale. No such sign shall exceed five 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 not be attached to a utility 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 property for sale or for rent is permitted while the property is actually 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 rent" signs: one sign per street frontage advertising a commercial or industrial building for rent or sale is permitted while the building is actually for rent or sale. If one face of the building is less than 10 feet from the building line, the sign shall be placed on the building or in a window. The sign shall not exceed eight feet in height; if freestanding, it shall be located more than 15 feet from any abutting 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 property for sale is permitted not exceeding 32 square feet in area per side, nor exceeding a height of eight feet. Lf +ho.. eiyn ie yro~~or +h.~n fi~o e`n1i i~ro food in. ~ro~ i+ mi ie+ ho nl~r+orl mnro +h~n '~(1 foo+ frnm +ho phi i++inrr nrnnor+v lino ui vu, i.`.i i i~.+v"~ r✓v""~✓iuvvu i i vi v ~"iui i 'vv ivv~ i i vi i i ~i"iv c.aNN«II ly Ni vNvi ~y iii iv F. Additional signs: the planning and developmen~./t director may yra, special Nor, rant written authorization to allow temporary off-premises signs in addition to those permitted above n^+ + r`oorl fi„o ~ni i~ro foo+ ei~o nor ~irl4 nr /17 innho~ ~ oirrh+ The size of these , ~ ~v~ ~ .vt,ti.t,, ~~vv .,,Maui L. ~L.~.~ ~ v~~v NL.~ v~..+v, ~ ~L.v ,,.y. signs shall be determined b the lanninq and development director based on factors including but not limited to surrounding land uses, sight distance and traffic safety, but in no instances shall the height of the sign exceed ein ht (8) feet and the total sign face area exceed sixt -four 64) square feet. -Notice of adjacent property owners shall not be required. Such additional signs may be used to advertise open houses, to advertise pro erties for sale, lease or rent, to provide directions to new developments, or similar purposes. Such signs may be placed h~ within the public right-of-way, provided they do not interfere with traffic safety, but they may not be attached to utility poles or traffic safety devices. For the placement of si ns within the public ri ht-of-wa ,the planning and development director shall consult with the City Engineer, Police Chief, Risk Manager and other staff as a ropriate re ardin the lacement, size and number of signs that ma be permissible within the ublic ri ht-of-wa and ma re uire hold harmless agreements or similar legal instrument rior to si n placement as a condition of authorization. The planning and development director shall determine the number and locations of such signs, and the period during which they may be displayed. The planning and development director shall take into account the number of existing signs in any proposed location, and sb-all may limit or prohibit new ones so as to prevent a traffic safety hazard or a detrimental effect on neighboring property. (Ord. 6287 § 2, 2010; Ord. 5993 § 1, 2006.) 18.56.030 General provisions, all districts. [Effective before March 16, 2012.] A. Community Signs. The planning and development director may approve and permit to be erected entrance signs, at or near the city limits, on city public right-of-way or on privately owned parcels with the owner's permission, on which may be listed institutional names, service clubs or organizations or points of interest or similar public information. Right-of-way use permits may be required for signs located in the public right-of-way, except as permitted by subsection (B)(1), (B)(2), I or J of this section. B. Temporary Signs. 1. Until March 16, 2012, special event signage may be allowed in the R0, RO-H, CN, C- 1, C-2, C-3, DUC, BP, LF, M-1, M-2, EP and the nonresidential used properties in the Terrace View district and the PUD -Lakeland Hills South subject to obtainment of temporary sign permit authorization from the city and compliance with the following as applicable: Ordinance No. 6360 April 2011 Page 10 of 28 a. The area of any single sign shall not exceed 30 square feet; b. Special event signs as authorized herein shall not have the following: i. Illumination of any kind. ii. Strobing or blinking or flashing lights. iii. Electrical animation. iv. Changeable reader copy, electronic or manual; c. Special event 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 but not limited to flags or pennants or balloons or windsocks attached to them; provided, that they do not at any time constitute a traffic safety or pedestrian 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 area 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 the public rights-of-way does not constitute a traffic safety or pedestrian safety hazard and does not create nonconformance to the Americans with Disabilities Act; g. Flag and pennant special event signage may be authorized to be placed in on-site landscape area 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. Until March 16, 2012, banners may be allowed in the R0, RO-H, CN, C-1, C-2, C-3, DUC, BP, LF, M-1, M-2, EP and the nonresidential used properties in the Terrace View district and the PUD -Lakeland Hills South, subject to obtainment of temporary sign permit authorization from the city and compliance with the following: a. The area of any single banner used by a single business on a site shall not exceed 32 square feet; provided, that banners crossing roadways as approved by the city shall not exceed 120 square feet; b. For multitenant buildings andlor multibusiness complexes, each business shall be authorized to have a banner; provided, that the size of each banner shall be limited to a maximum of 32 square feet; and 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. iv. Changeable reader copy, electronic or manual; d. Banner signage shall not exceed the maximum height limitations of the underlying zoning district; e. Banners may have spinning elements attached to them including but not limited to flags or pennants or balloons or windsocks attached 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; provided, that placement in the public rights-of-way does not constitute a traffic safety or pedestrian safety hazard or does not create nonconformance to the Americans with Disabilities Act; g. Banners may be authorized to be placed in on-site landscape area 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. C. Civic Events. Street banners may be permitted subject to approval and installation in accordance with rules and procedures established by the city of Auburn public works department. D. Sign Lighting Provisions. Ordinance No. 6360 April 2011 Page 11 of 28 1. All lighting shall be arranged to reflect away from any residential zone. No person shall construct, establish, create or maintain any stationary exterior lighting or illumination system or any interior system which is intended to be viewed from a street, highway or other public thoroughfare used for vehicular traffic which system contains or utilizes: a. Any exposed incandescent lamp with wattage in excess of 25 watts; b. Any exposed incandescent lamp with a metallic reflector; c. Any exposed incandescent lamp with an external reflector; d. Any revolving beacon light; e. Any continuous or sequential flashing operation, except as allowed for changing message center signs in subsection F of this section; 2. The provisions of subsection (D)(1) of this section shall not apply to: a. Lighting systems owned or controlled by any public agency for the purpose of directing or controlling navigation, traffic, or highway or street illumination; b. Aircraft warning lights. E. Construction Provisions, Sight Distance, Exposed Angle Iron and Wire. 1. Each sign shall be adequately constructed in accordance with the requirements of the International Building Codes, as amended; 2. Signs containing electrical circuitry shall meet the requirements of the National Electrical Code and all state laws, and shall include an approved testing lab sticker; 3. Signs must meet vehicular sight distance requirements established by the city engineer pursuant to the city of Auburn 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 the overall 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; provided, that changing message center signs that only display time and temperature or similar public service information shall be exempt from these requirements. 1. Where Allowed. Changing message center signs shall only be allowed in the I, P-1, C- 1, C-2, 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 zone, no changing message center sign shall operate between the hours of 10:00 p. m. and 6:00 a. m. c. In the DUC zone, changing message center signs shall only be allowed when located adjacent and oriented to Auburn Way NorthlAuburn Way South street frontages. (For other sign standards for the DUC zone, see ACC 18.29.060(1).) 2. Number. No more than one changing message center sign per street frontage 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- halfseconds. 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 monitors and shall at all times allow such monitors to automatically adjust the brightness level of the sign based on ambient light conditions. b. At no time shall a changing message center sign be operated at a brightness level greater than the manufacturer's recommended levels. Ordinance No. 6360 April 2011 Page 12 of 28 c. All lighting shall be arranged to reflect away from any residential zone. The director shall have the authority to require a sign permit application include information to ensure the intent of this requirement is met. d. The brightness level shall not exceed 8,000 nits when measured from the sign's face at its maximum brightness during daylight hours and 500 nits when measured from the sign's face at its maximum brightness between dusk and dawn. 6. On-Premises Advertising Only. Changing message center signs shall only advertise on-premises products and services, or display public service messages or messages on behalf of not-for-profit organizations. Additional Requirements. A copy of the manufacturer's operating manual shall be provided to the city upon request. 8. Amortization. All changing message center signs that do not comply 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. Change 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 pay any additional fees. H. Exemptions. Unless otherwise specified or unless expressly prohibited, it is not the intent of this chapter to regulate the following signs: 1. The flag of a government 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 notvisible from public right-of-way; 5. Lettering or symbols painted directly onto or flush-mounted magnetically onto an operable vehicle; 6. Painting, repainting, cleaning, repairing, and other normal maintenance unless structural or electrical changes are made; 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 into the building material and facade; 9. Signs required 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 officer in the performance of his or her public duty; 10. Sculptures, fountains, mosaics, and design features which do not incorporate advertising or identification; 11. Temporary signs limited exclusively to noncommercial speech. I. Until March 16, 2012, portable signs shall be allowed in the R0, RO-H, CN, C-1, C-3, BP, LF, M-1, M-2, EP and the nonresidential used properties in the Terrace View district and the PUD -Lakeland Hills South subject to obtainment of temporary sign permit authorization from the city and 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 applicable. 2. Each business in a multitenant building andlor multibuilding complex shall be limited to a maximum of one portable sign. 3. For multitenant buildings andlor multibuilding complexes that propose to place one or more portable signs within the on-site landscaped area at the intersection of two public or private streets or at a driveway intersection with a public or private street, compliance to the city's minimum sight distance requirements shall be maintained at all times. 4. For multitenant buildings andlor multibuilding 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 limited as follows to reduce the visual and aesthetic impact to the city: Ordinance No. 6360 April 2011 Page 13 of 28 a. Zero to 25 lineal feet of public or private street frontage: one portable sign every three lineal feet of street frontage up to a maximum of three signs at any given time. b. Twenty-six to 50 lineal feet of public or private street frontage: one portable sign every three lineal feet of street frontage up to a maximum of four signs at any given time. c. Fifty-one to 75 lineal feet of public or private street frontage: one portable sign every three lineal feet of street frontage up to a maximum of five signs at any given time. d. Seventy-six to 100 lineal feet of public or private street frontage: one portable sign every three lineal feet of street frontage up to a maximum of six signs at any given time. e. One hundred one to 125 lineal feet of public or private street frontage: 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 to 150 lineal feet of public or private street frontage: one portable sign every three lineal feet of street frontage up to a maximum of eight signs at any given time. g. One hundred fifty-one to 175 lineal feet of public or private street frontage: 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 frontage: one portable sign every three lineal feet of street frontage up to a maximum of 10 signs at any given time. i. The planning director shall have the discretionary authority to authorize additional portable signs along a public or private street frontage 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 warranted by physical site conditions or economic or business considerations or other factors as deemed reasonable by the planning director. 5. Portable signs shall not be located in one or more existing parking spaces on a development site. 6. Portable signs as authorized herein shall not have the following: a. Illumination of any kind. b. Strobing or blinking or flashing lights. c. Electrical animation. d. Changeable reader copy, electronic or manual. Portable signs may have spinning elements including but not limited to flags or pennants or balloons or windsocks attached to them; provided, that they do not at any time constitute a traffic safety or pedestrian safety hazard. 8. Portable signs advertising a business or service not located on the same site shall be allowed to be located off 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 maximum total sign size of 36 inches in height and 30 inches in width and be 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 travel lanes or improved/unimproved vehicle shoulder areas or bicycle lanes, are not placed in front of or block access to marked bus transit stops, do not interfere with or impede pedestrian traffic or crossings and do not create nonconformance to the Americans with Disabilities Act. J. Until March 16, 2012, off-premises directional signs shall be allowed in the R0, RO-H, CN, C-1, C-2, C-3, DUC, BP, LF, M-1, M-2, EP, and the nonresidential used properties in the Terrace View district and the PUD -Lakeland Hills South subject to obtainment of temporary sign permit authorization from the city and compliance with the following as applicable: 1.Off-premises directional signs as authorized herein shall not have the following: a. Illumination of any kind. b. Strobing or blinking or flashing lights. c. Electrical animation. d. Changeable reader copy, electronic or manual. Ordinance No. 6360 April 2011 Page 14 of 28 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, that 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 the public rights-of-way does not constitute a traffic safety or pedestrian safety hazard and does not create nonconformance to the Americans with Disabilities Act. 4. Off-premises directional signs may be authorized to be placed in on-site landscape area, or 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. 5. Off-premises directional signs shall not be located in one or more existing parking spaces on a development site. 6.Off-premises directional signs shall have a maximum sign face area of 12 inches by 24 inches and a total height of 42 inches inclusive of any wood, metal, plastic or other support and a maximum of two sign faces. K. Prohibited Signs. From and after the effective date of the ordinance codified in this chapter it shall be unlawful for any person to erect or place within the city, except as otherwise authorized: 1. A swinging projecting sign; 2. Portable signs, except as permitted by ACC 18.56.025 (Real estate signs), ACC 18.56.040(E) (C-2 Zoning District) and subsections (I)(1) through (10) of this section; 3. Banners, pennants, ribbons, streamers, spinners, rotating or blinking lights, strings of lights, or similar devices, except as permitted by subsection B of 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-2 zones; 6. Signs attached to, or placed on, a vehicle or trailer parked on private or public property that is not associated with the business advertised on said sign(s). This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle used in the normal course of business. This does not include automobile for sale signs or signs attached to franchised buses or taxis; Private signs placed in or on a public right-of-way, except for as expressly permitted by this chapter; 8. Any sign which constitutes a traffic hazard or detriment to traffic safety by reason of its size, location, movement, coloring, or method of illumination, or by obstructing the vision of drivers, 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 traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected so that it obstructs the vision of pedestrians by glare or method of illumination or constitutes a hazard to traffic. No sign may use words, phrases, symbols or characters in such a manner as to interfere with, mislead, or confuse traffic; 9. Any sign or advertising structure or supporting structure that is torn, damaged, defaced or destroyed; 10. Signs attached to poles installed by governmental agencies, utility poles, trees, rocks or other natural features; 11. Signs attached to benches, garbage cans, or other street furniture located within the public right-of-way; 12. Rotating signs; 13. Billboards; 14. Any sign which does not structurally or materially conform to the requirements of the city's adopted International Building Code. Ordinance No. 6360 April 2011 Page 15 of 28 L. Nonconforming Signs. Permanent signs established legally 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 to remain as legal nonconforming signs except as follows: 1. Whenever a new building replaces the principal building. 2. When there is an expansion of an existing building, the requirements of this section shall apply only if there is an increase in floor area of 25 percent or more (including 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 requirements of this section shall apply in full to the new use if and only if there is a change in required signage due to the zoning district. 4. Any sign, including the sign structure, now or hereafter existing which no longer advertises a bona fide business conducted or a product 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 structure upon which such sign may be found within 90 days after written notification from the building official. M. Master Sign Plans Authorized. The planning and development director has the authority to require a master sign plan to ensure a consistent and coordinated signage scheme for development proposals. In approving master sign plans under the provisions of this subsection, the director has the authority to approve signage schemes that allow for signs greater in area and height than allowed in the particular zone in which the development is located when a coordinated signage scheme is used. Master signage plans shall 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 condition. Failure to maintain a sign(s) in accordance with this subsection shall be subject to the code compliance provisions of the Auburn City Code. (Ord. 6353 § 5, 2010; Ord. 6287 § 2, 2010; Ord. 6263 § 5, 2009; Ord. 6166 § 2, 2008; Ord. 5993 § 1, 2006; Ord. 5342 § 2, 2000; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) 18.56.030 General provisions, all districts. [Effective March 16, 2012.] A. Community Signs. The planning and development director may approve and permit to be erected entrance signs, at or near the city limits, on city public right-of-way or on privately owned parcels with the owner's permission, on which may be listed institutional names, service clubs or organizations or points of interest or similar public information. Right-of-way use permits may be required for signs located in the public right-of-way. B. Temporary Signs. 1. Special event signage may be allowed subject to the following: a. Use of such signage is limited to 10 days per display, not to exceed 10 days in any 90- day period; b. The area of any single sign shall not exceed 30 square feet; 2. Banners may be allowed subject to the following: a. No more than two such signs may be used per site at any given time; b. Use of such signs is limited to 90 consecutive days, and may not exceed 90 days in any 120-day period; c. The area of any single banner used by a single business on a site shall not exceed 32 square feet; 3. Signs which are placed upon or within a window and which are intended to be viewed from the right-of-way shall not exceed 50 percent of the window area; 4. Permits are not required, except that signs exceeding the allowable size and time duration must receive a permit issued by the planning and development director if special circumstances exist that warrant the additional signage. C. Civic Events. Street banners may be permitted subject to approval and installation in accordance with rules and procedures established by the city of Auburn public works department. Ordinance No. 6360 April 2011 Page 16 of 28 D. Sign Lighting Provisions. 1. All lighting shall be arranged to reflect away from any residential zone. No person shall construct, establish, create or maintain any stationary exterior lighting or illumination system or any interior system which is intended to be viewed from a street, highway or other public thoroughfare used for vehicular traffic which system contains or utilizes: a. Any exposed incandescent lamp with wattage in excess of 25 watts, b. Any exposed incandescent lamp with a metallic reflector, c. Any exposed incandescent lamp with an external reflector, d. Any revolving beacon light, e. Any continuous or sequential flashing operation, except as allowed for changing message center signs in subsection F of this section; 2. The provisions of subsection (D)(1) of this section shall not apply to: a. Lighting systems owned or controlled by any public agency for the purpose of directing or controlling navigation, traffic, or highway or street illumination, b. Aircraft warning lights. E. Construction Provisions, Sight Distance, Exposed Angle Iron and Wire. 1. Each sign shall be adequately constructed in accordance with the requirements of the International Building Codes, as amended; 2. Signs containing electrical circuitry shall meet the requirements of the National Electrical Code and all state laws, and shall include an approved testing lab sticker; 3. Signs must meet vehicular sight distance requirements established by the city engineer pursuant to the city of Auburn 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 the overall 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; provided, that changing message center signs that only display time and temperature or similar public service information shall be exempt from these requirements. 1. Where Allowed. Changing message center signs shall only be allowed in the I, P-1, C 1, C 2, 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 zone, no changing message center sign shall operate between the hours of 10:00 p. m. and 6:00 a. m. c. In the DUC zone, changing message center signs shall only be allowed when located adjacent and oriented to Auburn Way NorthlAuburn Way South street frontages. (For other sign standards for the DUC zone, see ACC 18.29.060(1)). 2. Number. No more than one changing message center sign per street frontage 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- halfseconds. 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 monitors and shall at all times allow such monitors to automatically adjust the brightness level of the sign based on ambient light conditions. b. At no time shall a changing message center sign be operated at a brightness level greater than the manufacturer's recommended levels. Ordinance No. 6360 April 2011 Page 17 of 28 c. All lighting shall be arranged to reflect away from any residential zone. The director shall have the authority to require a sign permit application include information to ensure the intent of this requirement is met. d. The brightness level shall not exceed 8,000 nits when measured from the sign's face at its maximum brightness during daylight hours and 500 nits when measured from the sign's face at its maximum brightness between dusk and dawn. 6. On-Premises Advertising Only. Changing message center signs shall only advertise on-premises products and services, or display public service messages or messages on behalf of not-for-profit organizations. Additional Requirements. A copy of the manufacturer's operating manual shall be provided to the city upon request. 8. Amortization. All changing message center signs that do not comply 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. Change 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 pay any additional fees. H. Exemptions. Unless otherwise specified or unless expressly prohibited, it is not the intent of this chapter to regulate the following signs: 1. The flag of a government 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 notvisible from public right-of-way; 5. Lettering or symbols painted directly onto or flush-mounted magnetically onto an operable vehicle; 6. Painting, repainting, cleaning, repairing, and other normal maintenance unless structural or electrical changes are made; 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 into the building material and facade; 9. Signs required 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 officer in the performance of his or her public duty; 10. Sculptures, fountains, mosaics, and design features which do not incorporate advertising or identification; 11. Temporary signs limited exclusively to noncommercial speech. I. Prohibited Signs. From and after the effective date of the ordinance codified in this chapter it shall be unlawful for any person to erect or place within the city, except as otherwise authorized: 1. A swinging projecting sign; 2. Portable signs, except as permitted by ACC 18.56.025 (Real estate signs) and ACC 18.56.040(E) (C-2 Zoning District); 3. Banners, pennants, ribbons, streamers, spinners, rotating or blinking lights, strings of lights, or similar devices, except as permitted by subsection B of 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-2 zones; 6. Signs attached to, or placed on, a vehicle or trailer parked on private or public property that is not associated with the business advertised on said sign(s). This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle used in the normal course of business. This does not include automobile for sale signs or signs attached to franchised buses or taxis; Ordinance No. 6360 April 2011 Page 18 of 28 Private signs placed in or on a public right-of-way, except for as expressly permitted by this chapter; 8. Any sign which constitutes a traffic hazard or detriment to traffic safety by reason of its size, location, movement, coloring, or method of illumination, or by obstructing the vision of drivers, 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 traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected so that it obstructs the vision of pedestrians by glare or method of illumination or constitutes a hazard to traffic. No sign may use words, phrases, symbols or characters in such a manner as to interfere with, mislead, or confuse traffic; 9. Any sign or advertising structure or supporting structure that is torn, damaged, defaced or destroyed; 10. Signs attached to poles installed by governmental agencies, utility poles, trees, rocks or other natural features; 11. Signs attached to benches, garbage cans, or other street furniture located within the public right-of-way; 12. Rotating signs; 13. Billboards; 14. Any sign which does not structurally or materially conform to the requirements of the city's adopted International Building Code. J. Nonconforming Signs. Permanent signs established legally 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 to remain as legal nonconforming signs except as follows: 1. Whenever a new building replaces the principal building. 2. When there is an expansion of an existing building, the requirements of this section shall apply only if there is an increase in floor area of 25 percent or more (including 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 requirements of this section shall apply in full to the new use if and only if there is a change in required signage due to the zoning district. 4. Any sign, including the sign structure, now or hereafter existing which no longer advertises a bona fide business conducted or a product 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 structure upon which such sign may be found within 90 days after written notification from the building official. K. Master Sign Plans Authorized. The planning and development director has the authority to require a master sign plan to ensure a consistent and coordinated signage scheme for development proposals. In approving master sign plans under the provisions of this subsection, the director has the authority to approve signage schemes that allow for signs greater in area and height than allowed in the particular zone in which the development is located when a coordinated signage scheme is used. Master signage plans shall be recorded. L. 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 condition. Failure to maintain a sign(s) in accordance with this subsection shall be subject to the code compliance provisions of the Auburn City Code. (Ord. 6353 § 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. A. R-R, R-S, LHRS, R-1, LHR1, R-2, LHR2, R-3, LHR3, R-4, LHR4, R-MHP, LHRMHP Zoning Districts (Nonresidential Uses, Except as Noted). Ordinance No. 6360 April 2011 Page 19 of 28 1. Residential entry monument: A cumulative area of 50 square feet or 10 feet in height (highest point of sign structure) not to exceed two per entrance; provided, that no sign exceeds 32 square feet in area. 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 16-square-foot sign for those sites with frontages less 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 every 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. R0, RO-H, C-N, C-1, LHC1, BP Zoning Districts (Nonresidential 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 height: 22 feet, 10 feet in the RO zone. c. Maximum area: 100 square feet per face, 75 square feet per face in the RO zone, calculated at a rate of one square foot of sign area for every two lineal feet of frontage. Minimum entitlement for freestanding signs shall be one sign at 32 square feet for those sites with less than 64 feet of frontage. d. If permitted, 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. 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 lineal feet of frontage. For multitenant 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 additional 25 percent of wall signage per tenant space shall be allowed. This increase in signage shall not apply to minimum entitlement for wall signs, which shall be one sign at 16 square feet. c. Signs may be directly or indirectly illuminated. 4. Suspended Signs. a. Total number permitted: one per entrance. b. Maximum area: six square feet per face. c. Minimum clearance is eight feet from sign to grade. 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. Maximum area: 50 percent of the area allowed for single freestanding signs. C. P-1, LHP1, I, LHI Zones. 1. Freestanding Signs. a. Total number permitted: one per frontage not to exceed two total. b. Maximum height: 18 feet. Ordinance No. 6360 April 2011 Page 20 of 28 c. Maximum area: 80 square feet per face, calculated at a rate of one square foot of sign area for every two lineal feet of frontage. The minimum entitlement for freestanding signs is one sign at 32 square feet. d. If permitted, 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. For projects, parcels or complexes that have a single street frontage and more than 300 feet of street frontage, a changing message center sign may be permitted for a total of two signs per frontage subject to the following: i. Only one changing message center is provided. ii. Multiple signs are separated by at least 150 feet. iii. The combined area of the two signs does not exceed 120 square feet in size and neither sign is greater than 80 square feet in size. 2. Wall Signs (for Building or Tenant Space). a. Total number permitted: two per street frontage. b. Maximum area: 50 square feet for total of all wall signs per frontage. c. Signs may be directly or indirectly illuminated. D. LF, M-1, M-2 Zoning Districts. 1. Maximum sign area of all signs is 150 square feetlfrontage. 2. Freestanding Signs. a. Total number permitted: two per frontage not to exceed four total. b. Maximum height: 30 feet. c. Maximum area: 125 square feet per face, calculated 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 total area of freestanding signs on any given frontage shall not exceed the area allowed for a single freestanding sign. e. The maximum height of signs located on a second or third frontage shall be 20 feet. f. Multiple freestanding signs must be separated by 150 feet measured in a straight-line distance. 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 lineal feet of frontage. 4. Projecting Signs. a. Total number permitted: one in lieu of a permitted freestanding sign. b. Maximum height: height requirement of the zoning district. c. Maximum area: 50 percent of the area allowed for single freestanding sign. E. C-2 Zoning District. 1. Maximum sign area of all signs is 200 square feet. 2. Hanging signs that are designed to display the availability of a specific product in a business, limited to three square feet and no more than two such signs per business, shall be considered permanent signs, but shall not be calculated as part of the maximum allowed signage. 3. Freestanding Signs. a. Freestanding signs are not allowed on properties abutting or oriented toward 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. Minimum entitlement for freestanding signs shall be one sign at 32 square feet. 4. Wall Signs. a. Total number permitted: one per frontage. Ordinance No. 6360 April 2011 Page 21 of 28 b. Maximum area: 150 square feet, calculated at a rate of one square foot of sign area for every one lineal foot of frontage. For multitenant 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 additional 25 percent of wall signage per tenant space shall be allowed. This increase in signage shall not apply to minimum entitlement for walls signs, which shall be one sign at 16 square feet. 5. Suspended Signs. One double-faced suspended sign, not exceeding three square feet per face, may be allowed for each business entrance. There shall be a minimum of eight feet of clearance between the grade and the sign. 6. Portable Signs. One portable sign may be allowed for each business entrance, 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 planning and development director in consultation with the city engineer such that sign does not interfere with pedestrian or vehicular traffic and conforms to the requirements of the Americans with Disabilities Act. b. May not exceed 36 inches in height and 30 inches in width and be limited to two faces. c. May be displayed during business hours only. d. Must be constructed of either wood or another sturdy material to ensure stability in the wind. e. May not move, spin, flash, or otherwise be animated. f. Shall meet applicable supplemental design requirements of the Auburn downtown association. Supplemental Sign Standards, C-2 Zone. a. Sign Design and Construction. i. All signs, other than temporary signs, shall be made of professional, durable materials such as wood, metal, andlor glass. ii. Signs that are indirectly illuminated shall have their light sources shielded from view. iii. Internally illuminated signs are not permitted abutting or oriented toward Main Street. b. Sign Placement. i. Signs shall be oriented toward pedestrian visibility and shall be positioned at such a height as to be readable by pedestrians. ii. Externally mounted wall signs shall not be mounted so as to block building windows. F. C-3 Zoning District. 1. Freestanding Signs. a. Total number permitted: two per frontage not to exceed four total. b. Maximum height: 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 face. The minimum entitlement for freestanding signs is 32 square feet for those sites without 64 feet of frontage. d. The total area of freestanding signs on any given frontage shall not exceed the area allowed for a single freestanding sign. e. The maximum height of signs located on a second or third frontage shall be 20 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. Projecting Signs. a. Total number permitted: one in lieu of a permitted freestanding sign. b. Maximum height: height requirement of the zoning district. 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. Ordinance No. 6360 April 2011 Page 22 of 28 d. Minimum clearance is eight feet from sign to grade. 5.Off-Premises Signs. a. Total number permitted: one per business and one per parcel. b. Location: Off-premises sign must be located in a zone that permits off-premises signs. c. Maximum height: 20 feet. d. Maximum area: 50 percent of the area allowed for single freestanding sign, calculated using the feet of frontage of the site where the sign is located. e. Must be within 750 feet of the business being advertised. f. Must be separated from any existing pole sign a minimum distance of 150 feet measured in a straight-line distance. g. Sign can be no more than two faces. h. Signs may be directly or indirectly illuminated. G. EP Zoning District. 1. Maximum sign area of all signs is 150 square feet per street frontage. 2. Freestanding Signs. a. Freestanding signs shall be limited to ground signs. b. Total number permitted: one per frontage not to exceed two total. c. Maximum height: 10 feet. d. Maximum area: 100 square feet per face, calculated 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 with less than 64 feet of frontage. e. Multiple freestanding signs must be separated by 150 feet measured in a straight-line distance. f. Minimum Yard Setbacks. i. Directly illuminated signs: 10 feet; ii. Indirectly illuminated signs: five feet. 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 lineal feet of frontage. For multitenant buildings where freestanding signage contains the name of not more than one tenant business (e.g., a prime tenant name), an additional 25 percent of wall signage per tenant space shall be allowed. This increase in signage shall not apply to minimum entitlement for wall signs, which shall be one sign at 16 square feet. (Ord. 6287 § 2, 2010; Ord. 6036 § 4, 2006; Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987.) 18.56.050 Administrative provisions. A. Permits Required. Except as provided in subsection B of this section, no signs shall hereafter be erected, re-erected, constructed, altered, or maintained, except as provided by this chapter and, when required, a building permit for the same has been issued by the building official. A separate permit shall be required for a sign or signs for each business entity and/or a separate permit shall be required for each group of signs on a single supporting structure. 1. Application for Permits. Application for sign permits shall be made to the building official on a form as provided by the building division. Such application 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 preferably the owner of said establishment. e. Washington contractor's registration number, industrial use permit number, sales tax number. f. A site plan showing location of the sign in relation to buildings, property lines and 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. Ordinance No. 6360 April 2011 Page 23 of 28 h. A description of work to be performed and type of sign. i. Electrical load with name of electrical contractor responsible for installation of service feed wires if other than sign contractor. j. Structural engineer's stamp required on those signs and sign structures subject to wind and seismic forces. 2. Revocation of Permit. The building official may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this chapter. 3. Permit Fee Schedule. The fees prescribed in the city'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 building official. Fees for building permits for each sign erected, installed, affixed, structurally 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 and procedures identified in ACC Title 14, Project Review. B. Interpretation. In all applications for permits where a matter of interpretation arises, the most restrictive definition shall prevail. (Ord. 5993 § 1, 2006; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987. ) 18.56.060 Deviations, variances and appeals. A. The planning and development 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 petition for a deviation, the planning and development director shall have the power and duty to review, decide, grant, grant with conditions or deny the requested deviation. The planning and development director may grant a deviation from the provisions of this chapter only when the deviation is within 50 percent of the entitlement and all of the following findings of fact are met: 1. The literal interpretation and strict application of the provisions and requirements would cause undue and unnecessary hardship because of unique or unusual conditions pertaining to the specific building, parcel or property in question; and 2. The granting of the requested deviation would not be materially detrimental to the public welfare or injurious to the property or property owners in the vicinity; and 3. The granting of the deviation would not be contrary to the general objective and intent of this chapter, this title, or the comprehensive plan. B. An applicant requesting an administrative deviation under the provisions of this chapter shall submit the following, along with the required filing fee: 1. A letter in memorandum format 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 following information: a. Boundaries and dimensions of the site, b. Location of buildings, parking areas and adjacent streets, c. Graphic representations of all existing signs including their size, height and placement on the site, d. Graphic representation of the proposed sign(s) subject to the request, e. Building elevation showing the placement of the sign on that elevation, if applicable. C. The action of the planning and development director rejecting, approving or modifying any decision or application is a final administrative decision subject to appeal to the city's hearing examiner. Appeals of administrative decisions with regard to this chapter shall be processed consistent with ACC 18.70.050. D. The planning and development director shall render a written decision on the requested deviation request within seven business days of submittal of all required elements and filing fee. Ordinance No. 6360 April 2011 Page 24 of 28 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 replacement of nonconforming signs that have a significant historical or cultural element or are integral components of a building roof or facade that has a significant historical or cultural element to which the sign is a contributing component. (Ord. 6287 § 2, 2010; Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987. ) 18.56.070 Liability. This chapter shall not be constituted to relieve from or lessen the responsibility of any person owning, building, altering, constructing, removing or moving any sign in the city for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the city, or any agent thereof, be held as assuming such liability by reason of permit or inspection authorized herein or a certificate of inspection issued by the city or any of its agents. (Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987. Formerly 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 herewith, be and the same, are repealed to the extent of such conflict. (Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987. Formerly 18.56.120.) 18.56.090 Administrative provisions. Repealed by Ord. 5993. (Ord. 4229 § 2, 1987.) 18.56.100 Appeals and variances. Repealed by Ord. 5993. (Ord. 4229 § 2, 1987. ) Section 3. Effect of Interim Zoning Controls. For the period specified herein that the interim zoning controls are in effect, said controls shall be the controlling regulatory language for applicable sections of Section 18.56.025 of the Auburn City Code that may be amended by the interim zoning controls. Section 4. Term of Interim Zoning Controls. The interim zoning controls imposed by this Ordinance shall become effective as provided herein, and shall continue in effect for an initial period of one year, unless repealed, extended or modified by the city Council after subsequent public hearing(s) and entry of appropriate findings of fact pursuant to RCW 35A.63.220, provided that the interim zoning controls shall automatically expire upon the effective date of Ordinance No. 6360 April 2011 Page 25 of 28 zoning and land use regulations adopted by the City Council to address siting and regulation of medical marijuana dispensaries in the City of Auburn. Section 5. Preliminary Findings. The following preliminary findings of fact are hereby adopted: A. That the current economic situation that began in 2008 has affected the volume of residential and non-residential construction activity in the City of Auburn that has resulted in a reduction in the total number of residential building permits reviewed and approved by the City. B. That the reduction in the sale, lease, rent and development of residential and non-residential property in the City has substantively reduced revenue to the city in terms of real estate excise tax, development review fees, impact fees, system development charges, sales taxes and property taxes, thereby having a significant and real impact on the City's general fund and reducing total revenue available to provide public services C. That because of the need to balance the economic development interests of the City and the public health, safety and welfare of its citizens from any and all potential impacts of residential real estate signs, special care and attention needs to be employed in developing appropriate legislation that satisfactorily addresses the concerns of the City while also conforming to legal requirements. D. It is appropriate to collect and compile documentation, information, testimony and statements of concerned citizens of the City and of other persons interested in or familiar with the issues of residential and non-residential real estate signs and their impacts to fully explore ways to protect the City and its citizens from any and all adverse impacts. Section 6. Work Plan. The following work plan is adopted to address the issues involving real estate signs: A. That the City of Auburn Planning Commission shall be authorized and directed to conduct public work sessions and hold public hearings and public meetings to fully receive and consider statements, testimony, positions and other documentation or Ordinance No. 6360 April 2011 Page 26 of 28 evidence related to the issue of residential and non-residential real estate signs. B. That the Planning Commission and City staff are authorized and directed to review the experiences of other jurisdictions, the status of legal cases, and statistical data, information, studies and other evidence compiled by other municipalities, of the regulation of residential real estate signs, and to review the regulations, ordinances and codes adopted and implemented by other municipalities to address residential and non-residential real estate signs, and any other information that is pertinent to these signs. C. That the City of Auburn Planning Commission shall work with City staff and the citizenry of the City to develop proposals for regulation of residential and non-residential real estate signs, to be forwarded in its recommendations to the City Council for inclusion in ordinances and ultimate adoption as a part of the City Code of the City of Auburn. D. That the Mayor, in consultation with the City Attorney, Planning & Development Director, the Public Works Director, Police Chief and other staff, shall periodically advise the City Council as to the status of hearings, meetings and information development regarding activities of the Planning Commission and City staff relative to residential and non-residential real estate signs, with such reports to be scheduled approximately every six (6) months or as appropriate throughout the period of the interim zoning controls and any extensions thereof, until adoption of a comprehensive ordinance as developed, relating to residential real estate signs becoming effective in conjunction with the termination of the interim zoning controls referred to in this Ordinance. Section Public Hearing. A public hearing shall be scheduled for 7:30 p.m. or as soon thereafter as the matter may be heard, on the 6th day of June, 2011, in City Council Chambers, 25 West Main Street, Auburn, Washington 98001, to hear and consider the comments and testimony of those wishing to speak at such public hearing regarding the interim zoning controls. Section 8. Severability. If any sections, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of Ordinance No. 6360 April 2011 Page 27 of 28 competent jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not effect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance or its application to any other person, property or circumstance. Section 9. Effective Date. That this Ordinance shall take effect and be in full force five (5} days after publication as required by law. Dated and Signed this day of , 2011. CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Ordinance No. 6360 April 2011 Page 28 of 28