HomeMy WebLinkAboutITEM V-AWASHINGTON
Memorandum
Planning and Development
Department
To: Councilmember Lynn Norman, Chair, Planning and Community Development Committee
Councilmember Nancy Backus, Vice- Chair, Planning and Community Development
Committee
Councilmember John Partridge, Member, Planning and Community Development Committee
From: Stuart Wagner, Planner
CC: Elizabeth Chamberlain, AICP, Planning Manager
Date: May 9, 2011
Re: Mosby Farms Privately Initiated Zoning Code Amendments
At its May 3, 2011 meeting the Planning Commission conducted a public hearing on the proposed
zoning text amendments by Burr Mosby of Mosby Brother Farms, Inc relating to the establishment
and regulation of agricultural enterprises.
At the public hearing, the proposed zoning text amendments were summarized by staff. Staff also
went over changes made to the text amendments after a discussion was held with the Planning
Commission on April 5, 2011. It was indicated that the changes were based on feedback from the
Planning Commission, questions asked of staff by the Commissioners, continued discussions with
the applicant, and input from the Planning Director. The Planning Commission was supportive of the
changes and staff recommendation.
Two individuals testified at the May 3~d hearing, Burr Mosby of Mosby Brother Farms and his agent
Lee Michaelis, Senior Associate/Planning Director of R.W. Thorpe & Associates, Inc. Both
individuals asked the Planning Commission for their support of the proposed code amendments and
Mr. Michaelis asked if the Planning Commission would consider changing a development standard,
related to signage. The Planning Commission discussed and recommended approval of the code
amendments, with a single change. The change they recommended is as follows:
• One page 7 of the ordinance under Section 18.31.210.D.16.b ("Signs") - change 1.5 linear
feet" to "1 linear foot"
The change was requested by the applicant's agent Lee Michaelis, Senior Associate/Planning
Director of R.W. Thorpe & Associates, Inc in a letter dated to staff on April 18, 2011 and also at the
public hearing on May 3, 2011. The proposed code was not revised prior to the public hearing
because staff felt the amount of wall signage available for agricultural enterprises should be similar
to the C-1, Light Commercial Zoning District. This is in light of the underlying zoning having a
residential focus.
The draft ordinance (attached) reflects these recommended changes. If the Committee is satisfied
with these code amendments, staff will return with an agenda bill and finalized ordinance for review
prior to Council action.
Page 1 of 1
AUBURN * MORE THAN YOU IMAGINED
I ORDINANCE No. 6363
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE
4 CITY OF AUBURN, WASHINGTON, CREATING
5 NEW SECTIONS 18.04.035, 18.04.036, 18.04.827,
6 18.04.894, 18.04.911 AND 18.31.210 OF THE
7 AUBURN CITY CODE AND AMENDING SECTIONS
8 18.07.020 AND 18.56.030 OF THE AUBURN CITY
9 CODE RELATING TO THE ESTABLISHMENT AND
10 REGULATION OF AGRICULTURAL ENTERPRISES.
11
12 WHEREAS, Burr Mosby of Burr Mosby Brother Farms, Inc., the applicant,
13 submitted a comprehensive plan policy/text amendment application and zoning
14 text amendment application on June 1, 2010 to acknowledge the
15 appropriateness of agricultural uses and limited retail uses that support
16 agricultural uses in the RC, Residential Conservancy Zone; and
17 WHEREAS, pursuant to Auburn City Code 18.68.020 any resident or
18 property owner of the city may petition the city to request an amendment to the
19 text of Title 18, Zoning; and
20 WHEREAS, changes to policy statements of the Comprehensive Plan
21 were approved by the City Council in December 2010 by Ordinance No. 6334;
22 and
23 WHEREAS, following public notice, the City of Auburn Planning
24 Commission held a public hearing on May 3, 2011, on proposed zoning text
25 amendments regarding the establishment and operation of Agricultural
26 Enterprises; and
27 WHEREAS, after fully considering the testimony and information
28 presented a the public hearing, on May 3, 2011, the Planning Commission made
Ordinance No. 6363
May 09, 2011
Page 1 of 12
I its recommendations for zoning text amendments to the City of Auburn City
2 Council; and
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
WHEREAS, the City Council has reviewed and considered the Planning
Departments recommendations; and
WHEREAS, environmental review on the proposal has been completed in
accordance with the requirements of the State Environmental Policy Act (SEPA),
with a final Determination of Non-Significance (DNS) issued on September 20,
2010; and
WHEREAS, the City Council finds that the proposal was received by State
agencies for the 60-day review period on March 24, 2011, also in accordance
with state law, RCW 36.70A.106.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. New Section Added to City Code. That new Sections
18.04.035, 18.04.036, 18.04.827, 18.04.894, 18.04.911, AND 18.31.210 of the
Auburn City Code are created to read as follows:
18.04.035 Agricultural enterprise
"Agricultural enterprise" means a business enterprise which is engaged in or
related to farming, agricultural production and other businesses and services supporting
and promoting agriculture practices and the practice of locally and regionally grown
foods. The term shall also include the following as agricultural enterprises:
A. "Agritourism" means a business enterprise activity that includes operation of a
working farm or any agricultural, horticultural or agricultural operation; that, while not
an exclusive function, is open to the public on at least a periodic basis for enjoyment,
recreation, personal entertainment, or education.
B. "Agricultural Entertainment" means any event or activity that allows for recreation,
entertainment, education and tourism in conjunction with agriculture support and
services associated with agricultural activities. The agricultural entertainment shall
be permitted in conjunction with support of the agriculture enterprise.
18.04.036 Agricultural store
Ordinance No. 6363
May 09, 2011
Page 2 of 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
"Agricultural store" means a retail food establishment, housed in a permanent
structure, whose primary economic activity is the sale of local and regional agricultural
products directly to local consumers and to tourists. Secondary economic activity
includes the sale of sundries, prepackaged food, bottled or canned beverages and
freshly prepared food and beverages for consumption on-site.
18.04.827 Special events
"Special events" means incidental use of a facility, which is otherwise allowed or
permitted in the zoning district, as a venue for hire for social gatherings. Special events
do not include marketing or promotional events that are part of the normal operation of
an agricultural enterprise or winery and directly related to products sourced from that
operation.
18.04.894 Tasting room
"Tasting room" means an additional location separate from, or on the same site
as, the production/manufacturing site, that allows customers to taste by the glass
samples of wine, or beer, or other alcoholic beverage and has a State of Washington
issued liquor license to operate a tasting room. In addition to sampling of alcoholic
beverages, a tasting room may include retail sales for off-premise consumption of wine
or beer, or other alcoholic beverage of its own production.
18.04.911 Winery
"Winery" means a facility where fruit or other ingredients are processed (i.e.
crushed, fermented, blended, aged. and/or, stored, bottled) and may include as
incidental and/or accessory to the principles use, a tasting room, food and beverage
service, places of public/private assembly and/or retail sales area.
18.31.210 Agricultural Enterprises Development Standards
A. Purpose
The purpose of this Chapter is to regulate the establishment and operation of
Agricultural Enterprises in order to maintain and preserve the lower density residential
character, integrity, environmental protection, and property values of the Residential
Conservancy (RC) zone in which they are located and the surrounding areas.
B. Applicability
The permit requirements and standards provided in this section apply to
Agricultural Enterprises where allowed in compliance with Chapter 18.07, Residential
Zones and meeting the definition of Agricultural Enterprises as provided in ACC
18.04.035. The development standards of the RC zone shall apply unless a different
standard applies with the supplemental development standards.
C. Uses
In pursuit of the above purpose, the following uses may be permitted when
directly related to, or in conjunction with, an Agricultural Enterprise under a unified
management or ownership and when an administrative or conditional use permit has
been issued pursuant to the provisions of Chapter 18.64 ACC. An Administrative Use
Permit is required when 50 percent, or more, of the total site area is dedicated to active
agricultural production during the growing season, and with 52 or less Special Events
per calendar year. A Conditional Use Permit is required when less than 50 percent of
the total site area is dedicated to active agricultural production during the growing
season, or with more than 52 Special Events per calendar year.
Ordinance No. 6363
May 09, 2011
Page 3 of 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
1. Agricultural Crops and open field growing;
2. Agricultural Store;
3. Barns, Silos and related structures;
4. Caretaker quarters, not more than one per Agricultural Enterprise;
5. Catering Facilities that serve on-site visitors or uses agricultural products;
6. Delicatessens, restaurants or sandwich shops limited to a seating area of 25
seats;
Drive-Through Espresso and/or Non Alcoholic Beverage Stands, Free
standing;
8. Education facilities providing courses related to agricultural production and/or
processing or promotion of locally and regionally grown food;
9. Farm stands, for the sale of agricultural products raised on the premises in
addition to agricultural products that are raised off site;
10. Greenhouses;
11. Keeping of livestock, fowl and rabbits or similar sized animals; provided that
an appropriate structure or enclosure is provided.
12. Museum and cultural facilities;
13. Outdoor Musical Entertainment (when it meets all requirements for the
business licensing of ACC 5.20.200);
14. Small Scale Food Processing or packaging of agricultural products;
15. Special Events - Special events include, but are not limited to, the following
activities where attendance exceeds 200 persons or more:
a) Weddings
b) Meetings
c) Receptions
d) Reunions
e) Tasting events for food or beverage
f) Private Parties
g) Concerts held within an enclosed building and thus are not subject to the
individual business licensing of ACC 5.20.200 for Outdoor musical
entertainment
h) Retreats
i) Other comparable events
16. Tasting room;
17. Tourist and Visitor Services;
18. Winery; and
19. The Planning Director may authorize uses under this definition other than
those which are listed, if the Planning Director determines the use is
consistent with the intent of the zone and is of the same general character of
the uses permitted within the zone. Further guidance on administrative
interpretations of land uses can be found in ACC 18.02.120.
D. Development Standards
1. Minimum Area. The minimum area devoted to an Agricultural Enterprise
business shall be a single parcel with a minimum of 10 acres in total site area
within the Residential Conservancy (RC) zone. Environmentally Critical
Areas are not counted toward total site area when determining whether an
Administrative or Conditional Use Permit is required.
Ordinance No. 6363
May 09, 2011
Page 4 of 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
2. Location. The proposed Agricultural Enterprise business shall have direct
access onto a Minor Arterial or higher classification street as determined by
the Planning Director and City Engineer.
3. Maximum Building Size. Each individual non-residential building, excluding
greenhouses, used in conjunction with the Agricultural Enterprise business
shall not exceed 5,000 square feet in gross floor area.
4. Lot Coverage. The combination of all buildings, to include greenhouses, on a
single site used in conjunction with the Agricultural Enterprise business shall
not exceed 15 percent of the total site area.
5. Maximum Impervious Area. The maximum impervious area shall not exceed
25 percent.
6. Setbacks. Structures for Agricultural Enterprises shall be located as follows:
a. Front setback: 35 feet
b. Rear Setback: 20 feet.
c. Interior Side Setback: 20 feet
d. Street Side Setback: 35 feet
Height. Maximum building height: 35 feet. Buildings may exceed 35 feet if
one foot of setback is provided from each property line for each foot the
building exceeds 35 feet.
8. Visual Impact. Activities and uses conducted in conjunction with the
Agricultural Enterprise must be located in such a manner that visual impacts
to adjoining properties that are used or zoned for residential uses are
reduced or avoided.
a. A Type III landscape Buffer ten feet in width shall be provided on-site
in those areas between the buildings and the property line.
b. Highly reflective building materials shall not be used on buildings.
9. Responsible Party. All components of the agricultural enterprise shall be
operated or maintained by the property owner, lease holder, or occupant of
the land upon which the primary associated agriculture, horticulture, or other
use is being conducted.
10. Hours of operation. Business activities involving the employment of offsite
workers; outside activities; the generation of any noise, light, dust, odor,
glare, or vibration detectable outside the business structure; and traffic,
including deliveries, shall only be conducted onsite between the hours of 7
a.m. and 10 p.m. or as may be specifically approved by a condition of
approval of the Administrative or Conditional Use Permit.
11. Parking and outdoor storage. All parking and outdoor storage areas used
exclusively for retail areas, within 50 feet from a property line shall be
screened from adjoining properties used or zoned for residential uses. If
existing topography and natural vegetation does not provide an adequate
visual barrier, additional screening may be required, to include installation of
landscape materials, walls or fencing.
12. Lighting. No lighting shall be directed onto adjoining properties used or
zoned for residential uses and not exceed 0.5 foot candle when measured at
the property line. Floodlights or other high-intensity lighting shall be
prohibited, unless specifically approved as part of a special event or outdoor
musical entertainment.
13. Refuse and Recycling. All refuse and recycling waste containers shall be
within refuse enclosures located in the rear of the building and be completely
Ordinance No. 6363
May 09, 2011
Page 5 of 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
screened from public view. All refuse enclosures shall be architecturally
compatible with the primary building.
14. Special Events. Special Events or similar activities may be held, as follows.
a. Up to 52 special events within a calendar year with the Administrative
Use Permit.
b. 52 or more special events within a calendar year shall require a
Conditional Use Permit.
c. Parking and Traffic Control - A parking and traffic control plan shall be
prepared by a licensed traffic engineer and required for all Agricultural
Enterprises conducting Special Events (as defined by ACC
18.04.827). The parking and traffic control plan shall be submitted for
review as part of the Administrative Use Permit or Conditional Use
Permit application and if satisfactory, must be approved by the
Planning and Development Director and the Public Works Director
prior to implementation. At a minimum, the parking and traffic control
plan shall contain the following:
i. A parking plan showing how adequate on- and off-site parking will
be available to the land use, and that no substantial conflict will
exist in the principal hours or periods of peak parking demands of
any land uses and special events which are proposed to share the
parking.
ii. A traffic control plan showing how traffic to and from the land use
and special events location(s) will be handled and what temporary
traffic control measures will be used to facilitate safe access to
and from the locations. The traffic control plan must include a
written description of the plan as well as a traffic control diagram
showing traffic control devices, directions of travel, and the
location and type of authorized personnel to direct traffic.
iii. A Contingency Plan for weather changes (relocation or
rescheduling of events; alternative parking areas; method of
notifying the public of changes) and for unanticipated increases in
traffic or parking.
iv. Other elements as determined necessary by the Planning and
Development Director and the City Engineer based on the specific
events, setting, and location.
15. Wineries. All wineries with or without tasting rooms shall:
a. Have adequate driveway access to a public street meeting the
requirements of a commercial driveway.
b. Provide adequate on-site parking in the amount of 1 parking stall for
every 500 square feet of gross floor area used specifically for the
winery.
c. Shall not exceed 5,000 square feet gross floor area with the tasting
room not exceeding 50 percent of the production area.
16. Signs. The following standards apply to Agricultural Enterprise uses within
the RC, Residential Conservancy Zone instead of ACC 18.56.040(A). The
other provisions of ACC 18.56, Signs, apply.
a. Freestanding Signs.
i. Total number permitted:
Ordinance No. 6363
May 09, 2011
Page 6 of 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
1. Two per frontage on a parcel having at least 500 feet of
frontage on a State Highway.
2. One per frontage on a Principal or Minor Arterial
ii. Maximum height:
1. 30 feet on a State Highway.
2. 22 feet on a Principal or Minor Arterial
iii. Maximum area:
1. 200 square feet, 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 32
square feet for those sites without 64 feet of frontage.
iv. Multiple freestanding signs, if permitted, must be separated by
150 feet measured in a straight line distance.
b. Wall Signs.
i. Total number permitted: one sign per building frontage that
fronts a public right of way.
ii. Maximum area: 100 square feet per building frontage that
fronts a public right of way, calculated at a rate of one square
foot of sign area for every 154T,peaeet one linear foot of
building frontage.
iii. Signs may be directly or indirectly illuminated.
c. Changing message center signs are allowed as part of an Agricultural
Enterprise and must comply with the sign regulations in ACC
18.56.030(F).
17. Additional permits and approvals. In addition to required land use permits, an
Agricultural Enterprise may be required to obtain licenses and permits from
other City and County Departments (e.g., business licenses from the City,
food service or sales licenses from the County Department of Public Health,
animal care licenses from the County Department of Public Health, etc.).
Section 2. Amendment to City Code. That sections 18.07.020 and
18.56.030 of the Auburn City Code is amended to read as follows:
18.07.020 Uses.
Table 18.07.020 Permitted Use Table - Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses
Zoning Designations
R-
C
R-
1
R-
5
R-
7
R-
10
R-
16
R-
20
A. Residential Uses.
Accessory dwelling units
P
P
P
P
X,
X,
X,
Accessory use, residential
P
P
P
P
P
P
P
Ordinance No. 6363
May 09, 2011
Page 7 of 12
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses
Zoning Designations
R-
C
R-
1
R-
5
R-
7
R-
10
R-
16
R-
20
Adult family home
P
P
P
P
P
P
P
Bed and breakfast
P
P
P
P
P
P
P
Boardinghouses (with three or more boarders)
X
X
X
X
C
C
C
Duplexes; provided, that minimum lot size of zoning designation is met
and subject to compliance with Chapter 18.25 ACC (Infill Residential
Development Standards)
X
X
A
P
P
P
X
Foster care homes
P
P
P
P
P
P
P
Group residence facilities or more residents)
X
X
X
X
C
C
C
Group residence facilities (6 or fewer residents)
P
P
P
P
P
P
P
Keeping household pets
PZ
P3
P3
P3
P3
P3
P3
Multiple-family dwellings
X
X
X
X
A
P
P
Neighborhood recreational buildings and facilities owned and managed by
the neighborhood homeowners' association
A'
A'
A'
A'
A'
P
P
Renting of rooms, for lodging purposes only, to accommodate not more
than two persons in addition to the immediate family
P
P
P
P
P
P
P
Residential care facilities including but not limited to assisted living
facilities, convalescent homes, continuing care retirement facilities
P
P
X
X
A
P
P
Single-family detached dwellings, new
P
P
P
P
P
P
X
Supportive housing, subject to the provisions of ACC 18.31.160
X
X
X
X
X
P
P
Swimming pools, tennis courts and similar outdoor recreation uses only
accessory to residential or park uses
P
P
P
P
P
P
P
Townhouses (attached)
X
X
X
X
P
P
P
B. Commercial Uses.
Commercial horse riding and bridle trails
A
X
X
X
X
X
X
Commercial retail, included as part of mixed-use development and not a
home occupation in compliance with Chapter 18.60 ACC
X
X
X
X
A
A
A
Ordinance No. 6363
May 09, 2011
Page 8 of 12
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses
Zoning Designations
R-
C
R-
1
R-
5
R-
7
R-
10
R-
16
R-
20
Daycare, limited to a mini daycare center. Daycare center, preschool or
nursery school may also be permitted but must be located on an arterial
X
A
A
A
A
A
A
Home-based daycare as regulated by RCW 35.63.185 and through receipt
of approved city business license
P
P
P
P
P
P
P
Home occupations subject to compliance with Chapter 18.60 ACC
P
P
P
P
P
P
P
Mixed-use development'
X
X
X
X
P
P
P
Nursing homes
X
X
X
X
C
C
C
Private country clubs and golf courses, excluding driving ranges
X
X
C
C
C
X
X
Privately owned and operated parks and playgrounds and not
homeowners' association-owned recreational area
X
A
A
A
A
P
P
Professional offices, included as part of mixed-use development and not a
home occupation in compliance with Chapter 18.60 ACC
X
X
X
X
A
A
A
C. Resource Uses.
Agricultural Enterprise: s
When 50 percent, or more, of the total site area is dedicated to active
agricultural production during the growing season, and with 52 or less
Ag
X
X
X
X
X
X
special events per calendar year.
When less than 50 percent of the total site area is dedicated to active
agricultural production during the growing season, or with more than 52
Cg
X
X
X
X
X
X
special events per calendar year.
Agricultural type uses are permitted provided they are incidental and
secondary to the single-family use:
Agricultural crops and open field growing (commercial)
P
X
X
X
X
X
X
Barns, silos and related structures
P
X
X
X
X
X
X
Commercial greenhouses
P
X
X
X
X
X
X
Keeping of livestock (excluding goats and swine), fowl and rabbits;
provided, that there shall not be more than one horse, cow, donkey or
P
P
X
X
X
X
X
Ordinance No. 6363
May 09, 2011
Page 9 of 12
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses
Zoning Designations
R-
C
R-
1
R-
5
R-
7
R-
10
R-
16
R-
20
other large animal, or four small animals such as sheep, or 12 poultry,
rabbits, or similar size animals per each acre of enclosed usable pasture
or roaming area. This acreage requirement is in addition to the minimum
lot size requirements of the zones
Pasturing and grazing
P
X
X
X
X
X
X
Public and private stables
P
X
X
X
X
X
X
Roadside stands, for the sale of agricultural products raised on the
premises. The stand cannot exceed 300 square feet in area and must
meet the applicable setback requirements
P
X
X
X
X
X
X
Fish hatcheries
C
X
X
X
X
X
X
D. Government, Institutional, and Utility Uses.
Civic, social and fraternal clubs
X
X
X
X
A
A
A
Government facilities
A
A
A
A
A
A
A
Hospitals (except animal hospitals)
X
X
X
X
X
C
C
Municipal parks and playgrounds
A
P
P
P
P
P
P
Museums
X
X
X
X
A
A
A
Religious institutions, less than one acre lot size
A
A
A
A
A
A
A
Religious institutions, one acre or larger lot size
C
C
C
C
C
C
C
Transmitting towers
C
C
C
C
C
C
C
Type 1-D Wireless Communication Facility (see ACC 18.04.912(J))
P
P
P
P
P
P
P
Utility facilities and substations
C6
C6
C6
C6
C6
C6
C6
1 1. An accessory dwelling unit may be permitted with an existing single-family residence pursuant to
2 ACC 18.31.120.
3 2. No more than six pets allowed in the RC zone. This limit shall not include birds, fish or suckling
4 young of pets.
5 3. No more than four pets allowed in the R1 - R20 zones. This limit shall not include birds, fish or
6 suckling young of pets.
7 4. Individual uses that make up a mixed-use development must be permitted within the zone. If a
8 use making up part of a mixed-use development requires an administrative or conditional use
Ordinance No. 6363
May 09, 2011
Page 10 of 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
permit, the individual use must apply for and receive the administrative or conditional use
approval, as applicable.
5. Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge
zones is regulated by the King or Pierce County board of health, and property owners shall
comply with the provisions of the King County board of health code.
6. Excludes all public and private utility facilities addressed under ACC 18.02.040(E).
Administrative use permit not required when approved as part of a subdivision or binding site
plan
8. Agricultural Enterprise uses are subject to supplemental development standards under ACC
18.31.210 Agricultural Enterprises Development Standards.
(Ord. 6269 § 3, 2009; Ord. 6245 § 5, 2009.)
18.56.030 General provisions, all districts [Effective before March 16, 2010.]
F. Changing Message Center Signs. Where permitted under this chapter, changing
message center signs shall comply with the following requirements; provided, that
changing message center signs that only display time and temperature or similar
public service information shall be exempt from these requirements.
1. Where Allowed. Changing message center signs shall only be allowed in the I,
P-1, C-1, C-2, DUC, C-3, M-1, and M-2 zones. When part of an Agricultural
Enterprise, as defined by ACC 18.04.035, changing message center signs are
allowed in the RC zone.
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 the sign based on ambient light conditions.
b. At no time shall a changing message center sign be operated at a
brightness level greater than the manufacturer's recommended levels.
C. All lighting shall be arranged to reflect away from any residential zone.
The director shall have the authority to require a sign permit application include
information to ensure the intent of this requirement is met.
d. The brightness level shall not exceed 8,000 nits when measured from the
sign's face at its maximum brightness during daylight hours and 500 nits when
measured from the sign's face at its maximum brightness between dusk and
dawn.
6. On-Premises Advertising Only. Changing message center signs shall only
advertise on-premises products and services, or display public service messages
or messages on behalf of not-for-profit organizations.
Additional Requirements. A copy of the manufacturer's operating manual shall be
provided to the city upon request.
Ordinance No. 6363
May 09, 2011
Page 11 of 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
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.
Section 3. Implementation. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 4. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
Section 5. Effective date. This ordinance shall take effect and be in force five
days from and after its passage, approval and publication as provided by law.
DATED and SIGNED this day of , 2011.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6363
May 09, 2011
Page 12 of 12