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HomeMy WebLinkAbout6360 ORDINANCE NO. 6 3 6 0 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 Aubum 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 #or the placement of real estate signs on public and private properties than is currently allowable under existing City cegulations; and WHEREAS, the City Council finds that current economic situations warrants reconsideration of existing regulations related to residential and non- residentiaf 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 specfied herein; and, WHEREAS, in conformity wifh 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 7, 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 ferms 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 approp(ate 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 7, 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 and/or other means to gather information and adopt findings of fact supporting and justifying the interim zoning controls, and to implement a work plan for rev'iew 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. Interirra Zoning Controls. Pursuant to RCW 35A.63.220, intecim zoning controls as specified in Section of this Ordinance pertaining to the regulation of residential and non-tesidential 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. [Effecfive before March 16, 2012.] 18.56.010 Intent: [Effecbve March 16, 2012.] 18.56.020 Definitions. [Effecbve before March 16, 2012.] 18.56.020 Definitions. [Effecbve March 16, 2012.] 18.56.025 Real estate signs. 18.56.030 General provisions, all districts. [Effecbve before March 16, 2012.] 18.56.030 General provisions, all districts. [Effective March 16, 2012.1 18.56.040 Regulation by district 18.56.050 Administrative proyisions. 18.56:060 Deviafions, variances and appeals. Ordinance No. 6360 April 7; 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 healfh, safefy 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 traffc and pedestrian safety, or be adverse to property values, business opportunities and the city's appearance and to prevent a_nd. 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 ofthis chapter to afford noncommercial speech the same or greater protection afforded' commercial speech and to not regulate noncommercial speech to ! a stricter standard tharr 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; Otd. 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 communicafion in the city. This chapter is also intended to avoid visual clutter that may adversely • impact traffic and pedesfian safety, or be adverse to property values, business opportunities and the city's appearance and to prevent and abate public nuisances..The purpose of fhis 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 standar•d than commercial speech. (Ord. 6353 § 2, 2010; Orci. 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 idenfification for the organization, event or product advertised; and which is primarily promotional in nature. G. "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 and/or to any use or aetiVity 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 eontrolled 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 pedesfrian or vehicular traffic to parking entrances, exifs, 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 April7, 2011 Page 4 ofi28 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 streef wall face, including grade to the top of the parapet or eaves, and the entire width of the building elevation. 1. "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 pattem in which more than one-third of the nonconstant ligtit source is off at any one time. J. "F-reestanding sign" means a sign that meets the definifion 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 ortenant space and/or address of the premises. 0. "Ineidental 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:lncidental 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 properly 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 ineans 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.. "Marguee 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 cames 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 corporafion occupying the premises. . W. "Off-premises sign°means any sign which advertises an establishment, merchandise, service, goods, oc entertainment which is sold, produced, and manufactured, or fumished at a place other than on the property on which said sign is locafed. X. "Parapet" means a false front or wall' extension above the roofline. Y. "Penmeter' means a square or rectangle required to enclose the sign area: Z. °Fortable 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 7, 2011 Page 5 of 28 ground, structure or building. This aiso includes sidewalk or sandwich board signs, excepf those wom by a person. . AA. "Premises" means the real esfate 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 orwall 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 pattem. 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 senrice 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 inGudes only one side of a double-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 extre.me limits of the letter module or advertising message being measured. HH. "Sign heighY" 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 ormay 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 a single- tenant building. KK. "Speciat 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-ferm 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 ftames, intended to be displayed for a limited tirrie only. This definition. shall include inflatable signs. NN. "Traffic hazard° means any "sign which does not meet city standardsfor clear zone or sight distance or which does not meet the requirements of the Americans with Disabilities Act. 00. "Wall sign° means a sign attacfied or erecfed 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 7, 2011 Page 6 of 28 entire lengfh, with the exposed face of the sign parallel to the plane of said wall or facade. "Wndow signs" which do not meet the_definition of a"temporary sign° shall be considered as wall signs. _ PP. "Window sign" means a sign Iocated 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, merehandise, service, goods, or entertainment which is sold, produced, and manufactured, or . furnished at a place other than on the property or publie 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 ofthis 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). Art 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 idenfification 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, commerciaF ' or otherwise, unrelated to the use or activity on the property on which the sign is located and/or to any use or, activity in the immediate area (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 fieight and 24 to 48 feet in width. D. "Changing message center" means an electronically controlled message center that displays differenf 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, and/or fxtures 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 ofthe building elevation. 1. °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 pattem in which more than one=#hird of the nonconstant light source is off at any one time. J. "Freestanding sign" means a sign that _ meefs the definibon 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 multi6uilding 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 tJie sign appears solid with the ground. The height of a ground Ordinance No. 6360 Apri17, 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. . O. "Incidental sign° means a sign that is generally informa6onal and of a noncommercial nature intended primarily for the convenience of the public and having a maximum area of finro square feet. Incidental signs include,.but are notlimited 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 waming signs such as °no trespassing,° "no dumping," ~ etc.,,and plaques, tablets or inscripfions which are an integral part of a building. P. "Mansard roof ineans 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 senrice station gas pump canopy, will also be considered a marquee. The term, "macquee" 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 fhe limifs 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 stnactures, 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 apartmenf 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, inctuding signs indicating the business transacted at, services rendered, goods sold or produced on the premises, name of the person, firm or corporafion 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 fumished at a place other than on the property on which said sign is located. X. "ParapeY' means a false front or wall 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 wom 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 tiie 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 tums 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 April7, 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, orwritten 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 totaf acea 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 a double-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 sfructure 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 occupanfi. Buildings within a multibuilding complex may not be considered a single- tenant building. 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, iritended to be displayed for a limited time only. This defnition shall include infl,atable 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 Amerieans 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 permanenf, I'ighted'or unlighted, which may be viewed from the exterior of the building.'(Qrd. 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 fqllows: A. Residential "for sale" and "sold" signs: such signs shall be limited to one sign per street frontage not to exceed five square feef 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: sueh signs shall be limited to one sign per street frontage on the premises for sale and'three off-premises signs. However, if a broKer/agent Ordinance Na 8360 April 7, 2011 Rage 9 of 28 has more than one house open for inspection in a single development or subdivision, he/she is limited to-four off-premises "open house" signs in the entire development or subdivision. Such signs are permittecJ only during daylight hours and when the brokeNagent 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. Tfie sign may be placed along the periphery of a public right-of-way, provided it does not interfere with traffic safefy, but it may not be attached to a, utility pole or traffic safety :device. C: Undeveloped' commercial and industrial property °for sale or renY' signs: one sign per street frontage advertising undeveloped commercial and industrial property for sale or for rent is permitted while the property is aetually for sale or rent: The sign shall not exceed 32 square feet in sign area per side and eight feet in height. D. Developed commercial and industrial property- "for sale or renY' signs: one sign per street frontage advertising a commercial or indusfrial 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 sha0 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. F. Additional signs: the planning and development director.`may grant written authorization to allow temporary off-premises s'igRsirisigns in addition to those permitted abov , ' , The size of these sipns shall be determined' bv the planning and development director based on factors includinq but not limited to syff4gadingsurroundinQ land uses: sight distance and traffic safetv, but in na instances shall the height of the sign exceed eight (8) feet and the total siQn face area exceed sixty-four (64) sauare. feet. -Notice of adjacent property owners sqa"Re~shall not be ; required. Such additional signs may be usedteused to advertise open houses, to advertise properties for sale, lease or rent; to provide directions to new developments, or similar purposes. Such signsa4aysiQns mav 6e placed within the PWbliGFigl#~ublic riqht-of- way, provided they do not interfere with traffic safety, 6ut they FAayRetmay -not be attached to utility poles or traffic safety"deVices. For the placement of siqns within the public riaht-of-wav. the planninq and development director shall consult with the Citv Engineer, Police Chief, Risk Manager and other staff as appropriate regardinq the placement size and number of signs that may be permissible within the public right-of-way and may require hold harmless aqreements or similar leaal instrument prior to sign placement as a condition of authorization. The planning and devetopment director shall determine the number and locations of such signs, and the period during which they may be displayed. The planning and development director shalt take into j account the number of existing sigas+risi ns in any proposed location, and s4a14-m_g 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 privafely 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 su6section (121)(1), (13)(2), I or J of this secfion. B. Temporary Signs. 1. Until March 16, 2012, special eyent signage may be allowed in the RO, 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 Ordinance No. 6360 April 7, 2011 Page 10 of 28 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: 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 eyent signage may be authorized to be placed in on-site landscape area and off site on another priyate 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 RO, RO-H, CN, C-1, G2; C-3, DUC, BP, LF, M-1,.M-2, EP and tlie 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 fhe 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 building"s, and/or 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 nbt exceed the maximum height Jimitations of the underlying zoning district; e. Banners may have spinning elements attached to them including but not, limited to flags or pennants or 6alloons or windsocks attached to them; provided, that they do not at any time constitute a traffie safety or pedestrian safety hazard; f. Banners may 6e authorized to be placed in the public rights-of-way; provided, that placement in the public rights-of-way dges. 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 properly has received prior property owner authorization. Ordinance No. 6360 April 7, 2011 Page 11 of 28 - _ , C. Civic Events. Street banners may'be permitted subject to approval and installation in accordance with rules and procedures. established by the city of Aubum public works department. D. Sign Lighting Provisions. 1. All lighting shall be arranged_ to reflect away from any residential zone: No person shall construct, establish, create or maintain any stafionary 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 orutilizes: 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 extemal 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 (13)(1) ofthis seetion 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 waming lights. E. Gonstruction Provisions, ~ Sight bistance, Exposed Angle Iron and Wire. 1. Each sign shall be adequately constructed in accordance with the requirements of the Intemational Building Codes, as amended; 2. Signs containing electrical circuitry shall meef 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 cequired forsafety. F. Changing Message Genter Signs. Where permitted under this chapter, changing message center signs shall comply with the following requirements; provided, that changing message eenter 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, G 1, G2, DUC, C-3, M=1 and M-2 zones. a. In the I and C-1 zones, changing message center signs shall only be allowed on frontages along a collector, minor or principal arterial street: b. In the I zone, no ¢hanging 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 Aubum Way North/Aubum Way South street frontages. (For other sign standards for the DUC zone, see ACG 1.8.29.060(I).) 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- half seconds. b. No scrolling message shall require more than five seconds to be displayed in its entirety. 5. Light Levels. . a. Changing message center signs shall have installed ambient light monitors and shall at all times allow such monitors to automatically adjust the brightness level of fhe sign based on ambient light conditions. Ordinance No. 6360 April 7, 2011 J . Page '12 of 28 b. At no time shall a changing message center sign be operated at a brightness level greatee than the manufacturer's recommended levels. 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 fhis requirement is met. . _ d. The brightness level shall not exceed 8,000 nits when measured from the sign's face at its maximum tirightness during daylight hours and 500 nits-when measured from the sign's face at its maximum brightness befinreen dusk and dawn. 6. On-Premises Advertising Only. Changing message center signs shall only advertise on-premises products and services, or display publie senriee messages or messages on behalf of not-for-profit organizations. 7. Additional Requirements. A copy of the manufacturer's operating manual shall 6e 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 not visible 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; 7. Religious symbols not attached to a permitted sign; 8. Memorial signs or tablets, names of buildings, dates of erection and the like, which are incorporated into the building material and facade; 9. Signs required by law, trafflc 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 pertormance of his or her public duty; 10. Sculpfures, 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 RO, 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 and/or sites, one portable sign shall be allowed per building or property frontage, as applicable. 2. Each business in a multitenant building and/or multibuilding complex shall be limited to a maximum of one portable sign. 3. For multitenant buildings and/or multibuilding complexes that propose to place one or more portable signs within the on-site landscaped area atthe intersection of`two public or privafe 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 and/or multibuilding complexes that propose to place one or more po►table signs along the property street frontage of a public or private street, the total Ordinance No. 6360 April 7, 2011 Page 13 of 28 number of allowable portable signs along said frontage shall be limited as follows to reduce the visual and aesthetic impact to the city: 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 portaple sign every three lineal feet of street:irontage up fo a maximum of#our 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 fo 125 lineal feet of public or prnrate street frontage: one portable sign every.three lineal feet of street frontage up to a maximum ofseven signs at any given time. f. One hundred twenty-six to 150 lineal feet of publ'ic or private street frontage: one portable sign every three lineal feet of streef frontage up to a maximum of eight signs at anygiven 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 ftontage: 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 impaef fo the city and such ailowance is warranted by physical site conditions or economic or business considerations or other#actors 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 ofiany kind. - b. Strobing or blinking or flashing lights. c. Electrical animation. d. Changeable reader copy, electronic or manual. 7. 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 fronf of or block access to marked bus transit stops, do not interFere with or impede pedestrian fraffic or crossings and do not create nonconformance to the Americans with Disabilities Act. J. Untit March 16, 2012, off-Premises directional signs shall be allowed in the RO, '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 su6ject 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. Ordinance No. 6360 April 7, 2011 . Page 14 of 28 d. Changeable reader copy, electronic or manual: 2. Off-premises directionaf 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 dicectional 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) (G2 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, ezcept 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 parlced 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 identifeation 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; 7. 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 shalf 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 tom, damaged, defaced ordestroyed; 10. Signs attached to poles installed by govemmental agencies, utility poles, trees, rocks or other natural feafures; 11. Signs attached to benches, garbage cans, or other street fumiture located within the public right-of-way; 12. Rotating signs; 13. Billboards; Ordinance No. 6360 April 7, 2011 Page 15 of 28 , 14. Any sign which does not structurally or materially conform to the requirements of the city's adopted Intemational Building Code. L. Nonconforming Signs. Permanent signs established legally prior to the adoption of the ordinance codifed 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 percenf or more (including the - cumulative increase of previous expansions after the effective date of the oMinance 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 day"s 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 heighf than allowed in the particular.zone in which the development is located when a coordinated signage scheme is used: Mastersignage 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 attcactive condition. Failure to maintain a sign(s) in accordance with this subsection shall be subject #o 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;-0rd. 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 approye 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 owners permission, on which may be listed institutional names, service clubs or organizations or points.of interest or similar public information. Right-0f-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 rnay be allowed subject to the following: a. No more than two such 5igns 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 windowarea; 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. Ordinance No. 6360 April 7, 2011 Page 16 of 28 C. Civic Events. Street banners may be permitted subject to approval and installation in accordance with rules and procedures established by the city of Aubum public works department. D. Sign Lighting Provisions. - 1. All lighting shall be arranged to reflect away from any residential zone. No person shall construet, es#ablish, create or maintain any stationary exterior lighting or illumination system or any interior sysfem which is intended to be viewed #rom 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 incandescenf lamp with an extemal 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 subsecfion (13)(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, 3ight Distance, Exposed Angle Iron and Wire. 1, Each sign shall be adequately constructed in accordance with the requirements of the . Intemational Building Codes, as amended; 2. Signs containing electrical circuitry shall meet tfie 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 pursuantto the city of Aubum engineering design standards; 4. When a projecting sign is used, no angle irons, guy wires or braces shall be visible, except those that are an integral part of the overall design, such as decorative metals or woods, or unlessthey 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 shaU 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 Aubum Way North/Aubum Way South street frontages. (For other sign standards for the DUG zone, see ACC 18:29.060(I)). 2. Number: No more than one changing message center sign.per street frontage shall be permitted on each property. 3. Sign Face Area. Excspt in the:l and P 1 zones, fhe changing message center shall not constitute more than 75 percent of a sign's total sign face area 4. Display. a. The display of the sign shall 'not change more rapidly than once every one and one- half seconds. b. No scrolling message shall require more than fve 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. Ordinance No. 6360 April 7, 2011 Page 17 of 28 b. At no time shall a changing message center sign be operated at a brightness level greater than the manufacturer's recommended levels. 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 requieement 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 atits maximum brightness befinreen dusk and dawn. 6. On-Premises Advertising Only. Changing message center_signs shall only advertise , on-premisesproducts and services,,or display public service messagesor messages on behalf of not-for-profit organizations. 7. Additional Requirements. A copy of the manufacturers operating manual shall be provided to the cify upon request. 8. Amortization. All changing message center signs that do not comply with the requirements of sutisections (F)(4) and (5) of this section shall be broughf 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 fhe 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 govemment or noncommercial institutions such as schools, with the poles treated as structures; 2. Official public notices, official court notices; _ 3. Incidental signs (see ACC 18'.66.020(0), Definifions); 4. Signs not yisible from pu6lic 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; 7. Religious symbols not attached to a permitted sign; 8. Memorial signs or tablets, names of buildings, dates of erection and the like, which are incorporated into the building material and facade; 9. Signs required by law, traffic or pedestrian control signs, signs 'indicating scenic or hisforic points of interest, which are erected by or on the order of a pubfic 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. 1. 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 pertnitted 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 6y subsecfion B of this section (Tempora_ry Signs); 4. Flashing signs, except as pertnitted 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 frailer 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 vefiicle used in ~ Ordinance No. 6360 April 7, 2011 Page 18 of 28 the normal course of business. This does not include automobile for sale signs or signs attached to franchised buses or taxis; 7. Private signs placed in or on a public right-0f-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 ifs 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 pedesfians 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 sttucture or supporting structure that is torn, damaged, defaced or destroyed; 10. Signs attached to poles installed by govemmental 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. Billboartls; 14. Any sign which does not stcucturally 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, heighf or location shall be allowed to remain as legal nonconforming signs excepY 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 conducfed 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 authorityto 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 3afety. Alf permanent, temporary and portable signs and components thereof must be maintain"ed 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 Aubum City Code. (Ord. 6353 § 6, 2010; Ord. 6287 § Z, 2010; Ord. 6263 § 6, 2009; Ord. 6166 § 2, 2008; Drd. 5993 § 1, 2006; Ord. 5342 § 2, 2000; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) 18.56.040 Regulation by district. Ordinance No. 6360 April7, 2014 Page 19 of 28 A. R-R, R-S, LHRS, R-1, LHR1, R-2, LFiR2, R-3, LHR3, R-4, LFiR4, R-MHP, LHRMHP Zoning Districts (Nonresidential Uses, Except.as Noted): 1. Residential entry monument: A cumulative area of 50 square feet or 10 feet in height (highesfi 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 firontage. The minimum entitlement for freestanding signs shall be one 16-square-foot sign for those sites with frontages less than 48 feet. 4. WaU Signs (for Building orTenant 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. RO, 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 numberpermitted: 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 foof 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 freesfanding 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 perfrontage. 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 permitEed: 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. Nof permitted in C-N, RO or R0-M. b. TotaF 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 finro total. b. Maximum height: 18 feet. Ordinance No. 6360 April 7, 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. 1f permitted, the second ireestanding sign shall not exceed 50 percent of the area allowed for a single freestanding sign and 150 feet measured in a straighf-line distance must separate multiple pole signs. e. For projects, parcels or complexes that have a single street fronfage and more than 300 feet of street frontage, a changing message center sign may be permitted for a total of two - signs perfrontage subject to the following: i. Only one changing message center is provided. ii. Mulfiple signs are separafed by at least 150 feet iii. The combined area of the finro 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 oc 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 feet/frontage. 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 rafe 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 orthird 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. G2 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 finro such signs per business, shall be considered permanent signs, but shall not be calculated as part ofithe 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 ftontage not to exceed two total. c. Maximum height: 20 feet: d. Maximum area: 75 square feef 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 Apnl 7, 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 multifenant buildings where freestanding signage contains the name of nof 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 entitlemenf for walls signs, which shall be one sign at 16 squarefeet 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 Gearance 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, subjecf to the following: a. May be placed within public right-of way subjecY to the guidelines provided by the planning and development director in consultation with the city engineer such that sign does not intertere with pedestrian or vehicular traffic and conforrns to the requirements of'the Americans with Disabilities Acf. 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 othenwise- be, animated. f. Shall meet applicable supplemental design requirements of the Aubum downtown association. 7. Supplemenfal Sign Sfandards, G2 Zone. a. Sign Design and Construction. i: All signs, other than temporary signs, shall be made of professional, durable materials such as wood, metal, and/or 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. 3ign Placement. i. Signs shall be oriented toward pedestrian visibility and shall be positioned at such a height as to be readable by pedestrians. ii. Extemally 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 feef. c. Maximum area: 200 squarefeet; 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 fteestanding sign. 4. Suspended Signs. a. Total number permitted: one. b. Maximum placement'heighf: 25 feet. c. Maximum area: six square feet per face. Ordinance No. 6360 April 7, 2011 Page 22 of 28 _ d. Minimum clearance is eight feet from sigrr to grade. 5. Off-Premises Signs: a. Total number permitted: one per business and one per parcei. b. Location: Off-premises sign must be located in a zone that permifs 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 feef 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 distanee. f. Minimum Yard Setbacks. i. Directly illuminated signs: 10 feet; ii. Indirectly illuminated signs: fi ve 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. Foc mulfitenant buildings where freestanding signage contains the name of not more than one tenarrt busin.ess (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 enfitlement 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. Permifs 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 offic'ral. A separate permit shall be reguired 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. #he 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 7, 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 tthe 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 cliapter. 3. Pecmit 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 requited 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 sc6edule. 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. ln 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 ptanning 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 interpretafion and strict application of the provisions and requirements would cause undue arid unnecessary hardship because of unique or unusual conditions pertaining to the specific building; parcel oc property in question; and - 2. The granting ofi the requested deviation would nofi 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 titl_e, 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 foRnat 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 sfreets, c: Graphic representations of all existing signs including their size, height and placement on the site, d. Graphic representation of the proposed sign(s) subjectto the request, e. Building elevation showing the placement of the sign on that elevation, if applicable: C. The action of the planning and development direetor rejeccting, 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 shalf 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 7, 2011 Page 24 of 28 E. Requesfs that exceed the 50 percenf deviafion 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 aliow for the repair oc 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 historicaf or cultural element to which the sign isa confibuting component. (Ord. 6287 § 2, 2010; Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987.) 18.56.070 Liability. - This chapter shall not be consdtuted to relieve from or lessen. the responsibility of any person owning, building, altering, eonstructing, removing or moving any sign in the city for damages #o 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 hecein or a certi.fcate 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 affer 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 7, 2011 Page 25 of 28 zoning and land use regulations adopted by the City Council to address siting and regulation of real estate signs-in the City of Auburn. Secfion S. 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 Aubum 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 properly 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 potenfiaf 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 concemed 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 ifs citizens from any and all adverse impacts. Section S. Work Plan. The following work plan is adopted to address the issues involving real estate signs: : A. That the City of Aubum 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 7, 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 ofi 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 7. 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, Aubum, Washington 98001, to hear and consider the comments and testimony of those wishing to speak at such public hearing regarding #Fie interim zoning controls. Section 8. Severability.lf 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 7, 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 ot 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. ITY OF AU . - l PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk, APPROVED AS TO FORM: ~r - Daniel B. Heitl, City Attomey, eK. Ordinance No. 6360 April Z, 2011 . Page 28 of 28