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HomeMy WebLinkAbout6363 , OFtDINANCE NO. 6363 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 'OF AUBURN, WASHINGTON, AMENDING TITLE 18 OF THE AUBURN CITY CODE BY CREATING NEW SECTIONS 18.04.035, 18.04:036, 18.04.827, 18.04.894, 18.04.911 AND 18.31.210, AND AMENDING 'SECTIONS 18.07.020 AND 18.56.030 RELATING TO THE ESTABUSHMENT AND REGULATION OF AGRICULTURAL ENTERPRISES WHEREAS, Burr Mosby of Mosby Brothers Farms, Inc., submitted a comprehensive plan policy/text amendment application and zoning text amendment application on June 1, 2010 to provide for agricultural uses.and . limited retail uses that support agricultural uses in the RC, Residential - , . Conservancy Zone; and WHEREAS, pursuant to. Aubum City Code 18.68.020 any resident or property owner,of the city may petition the city to request an amendment to the text of Title 18, Zoning; and WHEREAS, changes #o policy staterrients of the Comprehensive Plan consistent with the application were approved by the City Council in December 2010 by Ordinance No. 6334; and WHEREAS, following public notice, the City of Auburn Planning Commission held a public hearing on May 3, 2011, on proposed zoning text amendments regarding the establishment and operation of Agricultural Enterprises; and WHEREAS, after fully considering the testimony and information presented at the public hearing; on May 3, 2011, the Planning Commission made Ordinance No. 6363 May 18, 2011 Page 1 of 23 its recommendations for zoning text amendments to the City of Aubum City Council; and WHEREAS, the City Council has reviewed and considered the Planning Department's recommendations; and WHEREAS, environmental review on the proposal has been completed in accordance with the requirements of the State Environmental Policy Acf (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. Amendment to Citv Code. Chapter 18.04 of the Aubum Ciiy Code is amended by adding new Sections 18.04.035, 18.04.036, 18.04.827, 18.04.894, 18.04.911 to read as follows: 18.04.035 Agricultural ente'prise "Agricultural enterprise° means a business errterprise which is engaged in, or related to, farming or agricultural productiori and other businesses and services supporting and promoting agriculture practices and the practice of localty and regionally grown foods. The term shall include the following: , A. "Agritourism° means a 6usiness enterprise activity that includes operation of a working farm or any agricultural, or horticulfural operation that, while not an exclusive function, is open to the public on a seasonal basis for enjoyment, recreation, personal entertainment, or education. B. "Agricultural Entertainment" means any event or activity that allows for recreation, entertainment, education and tourism associated with agricultural activities. Ordinance No. 6363 May 18, 2011 Page 2 of 23 18.04.036Agricultural store "Agricultural store" means a retail food establishment, housed in a permanent structu~e, ~ whose primary economic activity is the sale of local and regional agricultural products directly to consumers. An Agricultural store may also include the sale of sundries, prepackaged food, bottled or canned beverages and freshly prepared food and beverages for consumption on-site. 18.04.827 Specia6 events "Special events° means incidental use of a facility, which use 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 samples of wine, 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. 18.04.911 Winery - "Winery" means a facility licensed as a domestic winery under RCW 66.04:010 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. Section 2. Amendment to Citv Code. Chaptec 18.31 of the Auburn City Code is amended by adding new Section 18.31.210 to read as follows: 18.31.210 Agricultural Enterprises Development Standards A. Purpose The purpose of this Section is to regulate the establishment and operation of Agricultural Enterprises in order to maintain and preserVe the Iower 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 is set forth in the supplemental development standards in subsection 18.31.210(D). C. Permit Required Ordinance No. 6363 May 18; 2011 Page 3 of 23 . An Adminisfrative 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 Evenfs pet calendar year. A Conditional Use Permit is required when less than 50 percent of the total site area is dedicated to active ag(cultural production during the growing season, or if the applicant intends to hold more than 52 Special Events per calendar year. D. Uses The following uses may be permitted as part of an Agricultural Enterprise under a unified management or ownership. 1. Agricultural Crops and open field growing; 2. Agricultural Store; , 3. Bams, Silos and related structures; 4. Caretaker quarters, nof more than one per Agricultural Enterprise; 5. Catering Facilities; , 6. Delicatessens, restaurants or sandwich shops limited to a seating area of'25 _ seats; 7. 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 producfs raised on the premises in addition to agricultural products that are raised off site; 10. Greenhouses; 11. Keeping of livestock, or 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 Processin,g 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 fl Private Parties . g) Concerts held within an enclosed building 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 detennines 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. E. Development Standards Ordinance No. 6363 May 18, 2011 Page 4 of 23 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. 2. Location. The proposed Agricultural Enterprise business shall have direct access onto a Minor Arterial or higher classification street. 3. Maximum Building Size. Non-residential buildings, excluding greenhouses shatl 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 Iocated as follows: a. Front setback: 35 feet b. Rear Setback: 20 feet c. Interior Side Setback: 20 feet d. Street Side Setback: 35 feet 7. Height. Maximum building height: 35 feet. Buildings may exceed 35 feet if one additional foot of setbadc is provided from each property line for each foot the building exceeds 35 feet. 8. Vsual Impact. Activities and uses conducted in conjunction with the Agricultural Enterprise must be located in such a manner that minimizes visual impacts to adjoining properties that are used or zoned for residential uses. In addition, - 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 holdec, or occupant of the land upon which the primary associated agriculture, horticulture, or other use is being conducted: 10. Hours of operation. Agricultural enterprise activities involving the employment of workers; outside activities; the generation of any noise, light, dust, odor, glare, or vibration detectable outside the business structure; or 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 no lighting shall exceed 0.5 foot candle when measured at the property lines. Floodlights or other high-intensity lighting Ordinance No. 6363 May 18, 2011 Page 5 of 23 shall be prohibited, unless specifically approved as part of a special event or outdoor musical errtertainment. 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 screened from public View. .,All refuse enclosures shall be architecfurally compatible with the building it serves. 14. Special Events. Special Events or similar activities may be held, as follows. a. Up to 52 special events within a calendaryear with the Administrafive 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 fraffc engineer and required for all Agriculfural Enterprises conducting Special Events (as defined by ACC 18.04.827). The parking and traffic corrtrol 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 City Engineer 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 site, and that no substantial conflict will exist during the principal hours or periods of peak parking demands for - any land use or special event which is proposed to share the parking. ii. A traffic confrol 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 evenfs; altemative 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 specfflc 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 acea. . c. Shall not exceed 5,000 square feef gross floor area with the tasting room not exceeding 50 percent of the production area. , 16. Signs. Notwithstanding the provisions of ACC 18.56.040(A), the following standards apply to signs for Agricultural Enferprise uses within the RC, Ordinance Na 6363 May 18, 2011 Page 6 of 23 Residential Conservancy Zone. If not specffied in this Section, the other provisions of ACC 18.56, Signs, apply. a. Freestanding Signs. i. Total number permitted: 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 less than 64 feet of frontage. iv. Multiple freestanding signs, if permitted, must be separated by at least 150 feet measured in a straight line distance. b. Wall Signs. ` i. Total number permitted: one sign per building ftontage 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 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 if the sign complies 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 fo 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 3. Amendment to Citv Code. Section 18.07.020 of the Aubum City Code is amended to read as follows: 18.07.020 Uses. Table 18.07.020 Permitted Use Table - Residential Zonin Desi nations P= PermittiedA = Administrative C= Condfional Use X= Not Permitted Land Uses Zoning Designations R- R- R- R- R- R- R- C 1 5 7 10 16 20 A. Residential Uses. Ordinance No. 6363 May 18, 2011 Page 7 of 23 P= Permitted A= Adminisfrative G= Conditional Use X= Not Permitted Land'Uses Zoning Designations R- R- R- R- R- R- R- , , C 1 5 7 10 16 20 Accessory dweiling units , P P P P X' X' X' Accessory use; residential P P P P P P P ~ 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 X X A P P P X Development Standards) Foster care homes P P P P P` P P Group residence facilities (7 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 p' p' p' p' p' p' • Multiple-family dwellings X X X X A P P Neighbofiood recreational buildings and facilities owned and managed by A' A' A' A' A' P P the neighborhood homeowners' association Renting of rooms, for lodging purposes only, to accommodate not more P P P P P P P than two persons in addition to the immediate family Residential care facilities including but not limited to assisted living P P X X A P P facilities, convalescent homes, continuing care retiremerrt facilities Single-family detached dwellings, new P P P P P P X Supportive housing, subject to the provisions ofAGC 18.31.160 X X X X X P P Swimming pools, tennis courts and similar outdoor recreation uses only - P P P P P P P ' accessory to residential or park uses 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 Ordinance No. 6363 May 18, 2011 Page 8 of 23 r P= Permitted A= Administrative C= Conditional Use X= Not Permitted Land Uses Zoning Designations ' R- R- R- R- R- R- R- - C 1 5 7 10 16 20 Commercial retail, included as part of mixed-use development and not a X X X X A A A home occupation in compliance with Chapter 18.60 ACC Daycare, limited to a mini daycare center. Daycare center, preschool or X A A A A A A nursery school may also be permitted buf must be located on an arterial Home-based daycare as regulated by RCW 35.63.185 and through receipt P P P P P P P of approved city business license 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 courrtry clubs and golf courses, exGuding driving ranges X X C C C X X Privately owned and operated parks and playgrounds and not X A A A A P P , homeowners' association-owned recreational area Professional offices, included as part of mixed-use development and not a X X X X A A A ' home occupation in compliance with Chapter 18.60 ACC C. Resource Uses. Aaricultural Enterr)rise: e When 50 oercent, or more, of the total site area is dedicated to active agricultural aroduction during the arowina season, and with 52 or less A8 X X X X X X special everrts per calendar year. When less than 50 percent of the total site area is dedicated to active aaricultural t)roduction durina the growing season, or with more than 52 CS X X X X X X Agecial everrts qer calendar vear. 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. Bams, silos and related structures P X X X X X X Fcommercial greenhouses P X X X X X X , Ordinance No. 6363 May 18, 2011 Page.9 of 23 P= Permitted A= Administrative'C = Conditional Use X= Not Permitted Land Uses Zoning Designations R- R- R- R- R- R- R- C 1 5 7 10 16 20 Keeping of livestock (exGuding goats and swine), fowl and rabbits; provided, that there shall not be more than one horse, cow, donkey or other large animal, or four small animals such as sheep, or 12 poultry; P P X X X X X 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 musf P X X X X X X meet the applicable setback requirements Fish hatcheries C X X X X X X 0. Govemment, Institutional, and U61ity Uses. Civic, social and fratemal clubs X X X X A A A ~ Govemment facilities A A A A A A A Hospitals (except animal hospitals) X X X X X C C Municipal parlcs 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 G - Type 1-D Wireless Communication Facility (see ACC 18.04.912(J)) P P P P P P P Utility faciliGes and substations C° C' C° C° C° C° C° 1. An accessory dwelling unit may be permitted with an existing single-family residence pursuant to ACC 18.31.120. 2. No more than six pets allowed in the RC zone. This limit shall not inGude birds, fish or suckling young of pets. 3. No more than four pets allowed in the R1- R20 zones. This limit shall not include birds, fish or suckling young of pets. Ordinance No. 6363 May 18, 2011 Page 10 of 23 4. Individual uses that make up a mixed-use development must be permitted within the zone. If a use making up part of a mixed-use development requires an administrative or conditional use - permit, the individual use must apply for and receive the administrative or conditional use approval, as applica6le. 5. Proximity of pasture or livestock roaming area to wells, surFace waters, and aquifer recharge zones is regulated by the King or Pierce Courrty 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 utilityfacil'fies addressed under ACC 18.02.040(E). 7. Administrative use permit not required when approved as part of a subdivision or binding site plan 8. Agricultural Enterorise uses are subject to suaalemental develonment standards under ACC 18.31.210 Aqriculfural Enterprises Develoament Standards. (Ord. 6269 § 3, 2009; Ord. 6245 § 5, 2009.) Section 4. AQnendment to Citv Code. That, from the effective date of this Ordinance, through March 15, 2012, Section 18.56.030 of the Aubum City Code be and the same hereby is amended to read as follows 18.56.030 General provisions, all districts. A. Community Signs. The planning, building and community director may approve _ and permit to be erected entrance signs, at or near the'city limits, on city public right-of- way or on privately owned parcels with the owner's permission, on which may be listed institutional names, service clubs or organizations or points of interest or similar public information. Right-of-way.use permits may be required for signs located in the public right-of-way, except as permitted by ACC 18.56.030.B.1, ACC 18.56.030.B.2, ACC 18.56.030.1 or ACC 18.56.030.J. B. Temporary Signs. 1. Until March 16, 2012; special event 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 non-residential 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: 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 constit_ute 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 ofi land that does not corrtain the business or senrice being advertised, f. Flag and pennanf 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. Ordinance No. 6363 May 18, 2011 Page 11 of 23 ~ constitute a traffic safety or pedestrian safety hazard and does not create non- conformance to the American with Disabiiities Act, ' g. Flag and pennant special event signage may be authorized. to be placed in on- site landscape area and off-site on another private parcel of land thaY 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 September 16, 2010 banners 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 non-residential 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 withthe 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.; c. For multi tenant buildings and/or multi-business complexes, each business shall be authorized to have a banner provided that the size of each banner shall be limited to maximum of 32 square feet, provided that banners crossing roadways as approved by the City shall not exceed 120 square feet. d. Banners as authorized herein shall not have the following: i. Illumination of any kind ii. Strobing oc blinking or flashing lights iii. Electrical animation iv. Changeable reader copy, electronic or manual e. Banner signage shall not exceed the maximum height limitations of the underlying zoning district. f. Banners may have spinning elements attached to them including but not limited to flags or pennants or balloons or windsocks attached to them provided that they do not at any time constitute a traffc safety or,pedestrian safety hazard. g. Banners may be authorized to be placed in the public rights-of-way, provided that placement in the public rights-of-way does not constitute a traffic safety or pedestrian safety hazard or does not create non-conformance to the American with Disabilities Act. h. Banners may be authorized to be placed in on-site landscape area and off-site on another private parcel of land that does not contain the business or service being advertised, provided that placement in on-site landscape areas does not impede sight distance and that off-site placement on another property has received prior property owner authorization. C. Civic Events. Street banners may be permitted subject to approval and installation in accordance with rules and procedures established by the city of Aubum public works department. ' , D. Sign Lighting Provisions. ' 1. All lighting shall be amanged to reflect away from any residential zone. No person shall construct, establish, create or mairrtain any stationary exterior lighting or illumination system or any interior sy"stem which is intended #o be viewed from a street, highway or other public thoroughfare used for vehicular traffic which system contains or utilizes: a. Any exposed incandescent lamp with wattage in excess of 25 watts; b. Any exposed incandescent lamp with a mefallic reflector, c. Any exposed incandescent lamp with an external reflector, d. Any revolving beacon light, Ordinance No. 6363 May 18, 2011 Page 12 of 23 ~ 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) 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 waming lights. E. Construdion Provisions, Sight 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 meetthe requirements of the National Electrical Code and all state laws, and shall include an approved testing lab sticker; 3. Signs must meef vehicular sight distance requirements established by the city engineer pursuant to the City of Aubum Engineering Design Standards; . 4. When a projecting sign is used, no angle irons, guy wires or braces shall be visible, except those thaf are an integral part of the overall design, such as decorative metals or woods, or unless they are required for safety.. F. Changing Message Center Signs. Where permitted under this chapter, changing message cenfer signs shall comply with the following requirements; provided, that . changing message cerrter 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 AQricultural Enterprise, as defined bv ACC 18.04.035, chanQin4 messaQe center siQns are allowed in the RC zone. a. In the 1 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 DUC 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. 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 ambierrt light conditions. b. At no time shall a changing message centersign be operated at a brightness level greater than the manufacturers 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 pennit application include information to ensure the intent of this requirement is met. Ordinance No. 6363 May 18, 2011 Page 13 of 23 d. The brightness level shall not eicceed 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. , 7. Additional Requirements. A copy of the manufacturer's operating manual shall be provided to the city upon request. 8. Amortization. All changing message center signs that do not comply with the requirements of subsections (F)(4) and (6) 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 othervdise 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 18.56.020(0), Definitions); 4. Signs not visible from public right-of-way; 5. Lettering or symbols painfed directly onto orflush-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, dafes of erection and the like, which are incorporated into the building material and facade; 9. Signs required by law, traffic or pedestrian control signs, signs indicating scenic or historic points of interest, which are erected by or on the order of a public officer in :the . performance of his or her public duty; 10. Sculptures, fountains, mosaics, and design features which do not incorporate advertising or identification; 11. Temporary signs limited exclusively to noncommercial speech. 1. Until September 16, 2010, portable signs shall be allowed in the RO, RO-H, CN, C-1, G3, BP, LF, M-1, M-2, EP and the non-residential 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 multi-tenant building and/or mulfi-building complex shall be limited to a maximum of one (1) portable sign. 3. For multi-tenant buildings and/or multi-building complexes that propose to place one or more portable signs wifhin the on-"site landscaped area at the intersection of two public or private streets or at a driveway intersection with a public or private street, compliance to the City's minimum sight distance requirements shall be maintained at all times. 4. For multi-tenant buildings and/or multi-building complexes that propose to place one or more portable signs along the property street frontage of a public or privafe Ordinance No. 6363 May 18, 2011 Page 14 of 23 street, the total number of allowable portable signs along said frontage shall be limited as follows to reduce the visual and aesthetic impact to the City: a. 0-25 lineal feet of public or private street frontage = 1 portable sign every 3 lineal feet of street frontage up to a ma)cimum of three (3) signs at any given time. b. 26-50 lineal feet of public or privafe street frontage = 4 portable sign every 3 lineal feet of street frontage up to a maximum of four (4) signs at any given time. c. 51-75 lineal`feet of public or private street frontage = 1 portable sign every 3 lineal feet of street frontage up to maximum of five (5) signs at any given time. d. 76-100 lineal feet of public or private street frontage =1 portable sign every 3 lineal feet of street frorrtage up to a maximum of six (6) signs at any given time. e. 100-125 lineal feet of public or private street frontage = 1 portable sign every 3 lineal feet of street frontage up to a maximum of seven (7) signs at any given time. ' f. 126-150 lineal feet of public or private street frontage = 1 portable sign every 3 lineal feet of street fronfage up to a maximum of eight (8) signs at any given time. g. 151-175 lineal feet of public or private street frontage = 1 portable sign every 3 lineal feet of street frontage up to a maximum of nine (9) signs at any given time. h. ' 176 lineal feet and greater of public or private street frontage = 1 portable sign every 3 lineal feet of streetfrontage up.to a maximum of fen (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 subsfantively impact the visual and/or aesthetic impact to the City and such allowance is waRanted by physical site con'ditions or economic or business considerations or other factors as deemed reasonable by the Planning Director. 5. Portable signs shall not be located in one or more existing parking spaces on a development site. 6. Portable signs as authorized herein shall not have the following: a. Illumination of any kind b. Sfrobing 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 t_raffic 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 limifed to finro faces. 10. Portable signs shall be allowed in the public right-of-way provided that any and all signs are not placed within vehicle travel lanes or improved/unimproved vehicle shoulder areas or bicycle lanes, are not placed in front of or block access to marked bus transit stops, do not interfere with or impede pedestrian traffic or crossings and do not create non-conformance to the American with Disabilities Act: J. Until September 16, 2010, off-premises directional signs shall be allowed in the - RO, RO-H, CN, C-1, G2, G3, DUC, BP, LF, M-1, M-2, EP, and the non-residential used properties in the Terrace View Districf and the PUD-Lakeland Hills South subject to Ordinance No. 6363 May 18, 2011 Page 15 of 23 abtainment of temporary sign permit authorization from the City and compliance with the following as applicable: 1, Off-premise directional signs as authorized herein shall not have the following: a. Illumination of any kind b. Strobing or blinking orflashing lights c. Electrieal animation d. Changeable reader copy, electronic or manual 2. Off-premise directional signs may have spinning. elements including but not limited to flags or pennants or balloons or windsocks attached to them provided that they do not at any time constitute a traffic safety or pedestrian safety hazard. 3. Off-premises directional signs may be authorized to be placed in the public rights-of-way provided that placement in the public rights-of-way does not constitute a traffic safety or pedestrian safety hazard and does not create non-conformance to the American with Disabilities Act. 4. Off-premises directional signs may be authorized to be placed in on-site landscape area, or off-site on another private parcel of land that does not contain the business or service being advertised, provided that placement in on-site landscape areas does not impede sight distance and that off-site placement on another property has received prior property owner authorization. 5. Off-premises directional signs shall not be located in one or more existing parking spaces on a development site. 6. Off-premises directional signs shall have a maximum sign face area of 12 inches by 24 inches and a total height of 42 inches inclusive of any wood, metal, plastic or other support and a maximum of two (2) sign faces. K. Prohibited Signs. From and after the effective date of the ordinance codified in this chapter it shall be unlawful fora_ny 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 District) and ACC 18.56.030.1, subsections 1 through 10; 3. Banners, pennanfs, ribbons, streamers, spinners, rotating or blinking lights, strings of lights, or-similar devices, except as permitted by subsection B of this section (Temporary Signs); 4. Flashing signs, except as permitted in subsection D of this section (Sign Lighting Provisions); . 5. Changing message center signs, except as allowed in the I, P-1, C-1, G2, C-3, M-1 and M-2 zones; 6. Signs attached to, or placed on, a vehicle or trailer parked on private or pubtic property that is not associated with the business advertised on said sign(s). This . provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle usecl in the norrrial 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 tFie attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected Ordinance No. 6363 ~ May 18; 2011 Page 16 of 23 so that if 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 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 fumiture located within the public right-of-way; 12. Rotating signs; 13. Billboards; 14. Any sign which does not structurally or materially conform to the requirements of the city's adopted Intemational Building Code. L. Nonconforming Signs. Permanent signs established legally prior to the adoption of the ordinance codified in this chapter that do not conform to the regulations of this chapter with regard to number, size, height or location shall be allowed to remain as legal nonconforming signs except as follows: 1. Whenever a new building replaces the principal building. 2. When there is an expansion of an existing building, the requirements of this section shall apply only if there is an increase in floor area of 25 percent or more (including the cumulative increase of previous expansions after the effective date of the ordinance amending this section). 3. Whenever a nonconforming use is replaced by a conforming use, the requirements of this section shall apply in full to the new use if and only if there is a change in required signage due to the zoning district. 4. Any sign, including the sign structure, now or hereafter existing which no longer . advertises a bona fide business conducted or a product sold. Such sign(s) shall be taken down and removed by the owner, agent or person having the beneficial use of the land, building or structure upon which such sign may be found within 90 days after written notfication from the building official. M. Master Sign Plans Authorized. The planning, building and community director has the authority to require a master sign plan to ensure a consistent and coordinated signage scheme for development proposals. In approving master sign plans under, the provisions of this subsection, the director has the authority to approve signage schemes that allow for signs greater in area and height than allowed in the particular zone in which the development is located when a coordinated signage scheme is used. Master signage plans shall be recorded: N. Maintenance and Safety. All permanent, temporary and portable signs and components thereof must be maintained in good repair and in a safe, neat, clean and attractive condition. Failure to maintain a sign(s) in accordance with this subsection shall be subject to the code compliance provisions of the Aubum City Code.. (Ord. 6263 § 5, 2009, Ord. 616612, 2008; Ord. 5993 § 1, 2006; Ord. 5342 § 2, 2000; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) Ordinance No. 6363 May 18, 2011 Page 17 of 23 ' Section S. Arnendment to Citv Code. That, effective March 16, 2012, Section 18.56.030 of the Aubum City Code be and the same hereby is amended to read as follows: 18.56.030 General provisions, all districts. A. Community Signs. The planning, building and community director may approve - and permit to be erected entrance signs, at or near the city limits, on city public right- of-way or on privately owned' parcels with the owner's permission, on which may be listed institutional names, service clubs or organizations or points of interest or similar . public information. Right-of-way use permits may be required for signs located in the public right-of-way. B. Temporary Signs. - ~ 1. Special event signage may be allowed subject.to the following: a. Use of such signage is limited to 10 days per display, not to exceed 10 days in any 90 day period; b. The area of any-single sign shall not exceed 30 square feet; 2. Banners may be allowed subject to the following: a. No more than two such signs may be used per site at any given time; b. Use of such signs is limited.fo 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 orwithin a window and which are intended to be viewed from the right-of-way shall not exceed 50 percent of the window area; 4. Permits are not required, except that signs exceeding the allowable size and time duration must receive a permit issued by the planning, building and community director if special circumstances exist that warrant the additional signage. C. Civic Events. Street banners may be permitted subject to approval and installation in accordance with rules and procedures established by the city of 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 stationary exterior lighting or illumination system or any interior system which is intended to be viewed from a street, highway or other public thoroughfare used for vehicular traffic which system contains or utilizes: a. Any exposed incandescent lamp with wattage in excess of 25 watts, b. Any.exposed incandescenf lamp with a mefallic 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 (D)(1) of this section shall not apply to: a. Lighting systems owned or controlled by any public agency for the purpose of directing or controlling navigation, traffic, or highway or street illumination, b. Aircraft warning lights. Ordinance No. 6363 May 18, 2011 Page 18 of 23 E. Construction Provisions, Sight Distance, Exposed Angle Iron and Wire. 1. Each sign shall be adequately consfructed in accordance with the requirements of the International Building Codes, as amended; 2. Signs containing electrical circuifry shall meet the requirements of the National Electrical Code and all state laws, and shall include an approved testing lab sticker, 3. Signs must meet vehicular sight distance requirements established by the city engineer pursuant to the City of 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 unless they are required for safety. F. Changing Message Center Signs. Where permitted under this chapter, changing message center signs shall comply with the following requirements; provided, that changing message center signs that only display time and temperature or similar public service infotmation shalf be exempt from these requirements. 1. Where Allowed. Changing message center signs shall only be allowed in the I, , P-1, C-1, G2, DUC, C-3, M-1 and M-2 zones. When part of an Aaricultural Enterprise, as defined bv ACC 18.04:035, chanQina messaae center signs are allowed in the RC zone. '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 sfandards for the DUC 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. 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 pecmit application include information to ensure the intent of this requirement is met. d. The brightness level shall not ezceed 8,000 nits when measured from the sign's face at its maximum brightness during daylight hours and.600 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. Ordinance No. 6363 May 18, 2011 Page 19 of 23 7. Additional Requirements. A copy of the manufacturer's operating manual shall be provided to the city upon request. 8. Amortization. All changing message center signs that do not comply with the requirements of subsections (17)(4) and (5) of this section shall be brought into compliance with tfiose 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 elect'rical 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 historic points of interest, which are erected by or on the order of a public officer in the performance of his or her public duty; 10. Sculptures, fountains, mosaics, and design features which do not incorporate advertising or identification; 11. Temporary signs limited exclusively to noncommercial speech. 1. Prohibited Signs. From and after the effective dafe of the ordinance codified in this chapter it shall be unlawful for any person to erect or place within the city, except . as otherwise authorized: 1. A swinging projecting sign; 2. Portable signs; except as permitted by ACC 18.56.025 (Real estate signs) and ' ACC 18.56.040(E) (G2 District); _ 3. Banners, pennants, ribbons, sfreamers, spinners, rotating or blinking lights, strings of lights, or similar devices, except as permitted by subsection B of this section (Temporary Signs); 4. Flashing signs, except as permitted in subsection D of this section (Sign Lighting Provisions); 5. Changing message center signs, except as allowed in the I, P-1, C-1, C-2, C-3, ~ M-1 and M-2 zones; 6. Signs attached to, or placed on, a vehicle or trailer parked on private or public property that is not associated with the business advertised on said sign(s). This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle used in the normal course of business. This does not include automobile for sale signs or signs attached to franchised buses or taxis; . 7. Private signs placed in or on a public right-of-way, except for as expressly permitted by this chapter; Ordinance No. 6363 May 18, 2011 Page 20 of 23 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 ofi drivers of moving vehicles from traffic movement on streets, roads, intersections,,or access facilities. No sign shall be erected so that it obstructs the vision of pedestrians by glare or method of illumination or constitutes a hazard to traffic. No sign may use words, phrases, symbols or characters in such a manner as to interfere with, mislead, or confuse traffic; 9. Any sign or advertising structure or supporting structure that is tom, 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 fumiture located within the public right-of-way; 12. Rotating signs; 13. Billboards; 14. Any sign which does not structurally or materially conform to the requirements- of the city's adopted Intemational 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 fhis chapter with regard to number, size, height or location shall be allowed to remain as ' legal nonconforming signs except as follows: 1. Whenever a new building replaces the principal building. 2. When there is an expansion of an existing building, the requirements of this section shall apply only if there is an increase in floor area of 25 percent or more (including the cumulative increase of previous expansions after the effective date of the ordinance amending this section). 3. Whenever a nonconforming use is replaced by a conforming use, the requirements of this section shall apply in full to fhe new use if and only if there is a change in required signage due to the.zoning district. 4. Any sign, including the sign structure, now or hereafter existing which no longer advertises a bona fide business conducted or a product sold. Such sign(s) shall be taken down and removed by the owner, agent or person having the beneficial use of the land, building or structure upon which such sign may be found within 90 days after written notification from the building official. K. Master Sign Plans Authorized. The planning, building and community director has the authority to require a master sign plan to ensure a consistent and coordinated signage scheme for development proposals. In approving master sign plans under the provisions of this subsection, the director has the authority to approve signage schemes that allow for signs greater in area and height than allowed in the particular zone in which the development is located when a coordinated signage scheme is used. Master signage plans shall be recorded. L. Maintenance and Safety. All permanent, temporary and portable signs and components thereof must be maintained in good repair and in a safe, neat, clean and attractive condition. Failure to maintain a sign(s) in accordance with this subsection shall be subject to the code compliance provisions of the Auburn City Code. (Ord. 6263 § 6, 2009, Ord. 6166 § 2, 2008; Ord. 5993 § 1, 2006; Ord. 5342 § 2, 2000; Ord. ~ 4705 § 2, 1994; Ord. 4229 § 2, 1987.) Ordinance No: 6363 May 18, 2011 Page 21 of 23 Sectiora S. Implerhentation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. " Section 7. Severabilitv. 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 #he validity of its application to other personsor circumstances. Section 8. 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 ~D day of , 2011. INTRODUCED: JUN 6 2011 PASSED: ,IUN AP ROVED; g 2nii AUBUR PETER B. LEWIS MAYOR ' ATTEST: ~ Danielle E. Daskam, City Clerk Ordinance No. 6363 . May 18, 2011 Page 22 of 23 APP TO F M: D iel B. He~ City Attorn , Published: , . Ordinance No. 6363 May 18; 2011 ' . Page 23 of 23 ,