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HomeMy WebLinkAbout47052 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 4 7 0 5 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING CERTAIN SECTIONS OF CITY OF AUBURN ZONING CODE CHAPTER 18. WHEREAS, the City of Auburn has some older neighborhoods whose lots are smaller than the existing standards; and WHEREAS, the City of Auburn sign ordinance does not effectively address signs for large projects; and WHEREAS, 1994 State legislation will allow an in-home day care provider to have up to 12 children as a permitted use; and WHEREAS, City staff is proposing related amendments to the Zoning Ordinance to address these issues; and WHEREAS, at their meeting on September 7, 1994, the Planning Commission conducted a public hearing on the proposed amendments and at the conclusion of which recommended approval of the proposed Zoning Ordinance amendments. WHEREAS, the City Council on September 19, 1994, during a regular meeting, considered and approved the amendments to the Zoning Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 4705 September 27, 1994 Page I 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 Section 1. The purpose of this Ordinance is to amend certain sections of Auburn Zoning Code Chapter 18 relating to non-conforming single family lots, signs and day care. Section 2. Certain sections of City of Auburn Zoning Code Chapter 18 is hereby amended as delineated in Exhibit "A" and incorporated herein by this reference as if fully set forth in full herein. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. INTRODUCED: October 3, 1994 PASSED: October 3, 1994 APPROVED: October 3, 1994 MAYOR Ordinance No. 4705 September 27, 1994 Page 2 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 ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Acting City Attorney PUBLISHED: Ordinance No. 4705 September 27, 1994 Page 3 18.04.550 Lot coverage. "Lot coverage" means that percentage of the plot or lot area covered by all bulldingl including accessory bulldingl and uses. Coverage is determined by measuring from a horizontal plane frc~ the outermost edge of eaves, cornices, overhang, or areas covered by a weather tight roof. The first tw9 (2) feet of an save overhano will. however, not be used in the lot cover&c- calculation. 18.0&.S60 Lot d.:i,.monsione. A. 'Lot depth' shall mean: 1. If the front and rear lines are parallel, the shortest distance between such lines. 2. If the front and rear lines are not parallel, the distance between the midpoint of the front lot line and the midpoint of the rear lot line. B. "Lot width" means the horizontal distance between tho lot side lines measured et right angles to the line cc~prieing tho depth of the lot et a point midway between the lot front line and the lot roar line. 18.04.S70 LOt Xinee. 'Lot lines" mean the lines bounding tho lot. A. Front lot line~ 1. For an interior lot the front lot line shell be that lot line which abuts the street right-of-way. 2. For a corner lot the front lot line shall be that lot line(s} which abuts a designated arterial. If ne£ther or both is/are · designated arterial, tho builder/owner shall at the time of applying for · permit have tho option of selecting which lot line shall be the front lot line, tho other line lot abutting the intersecting street shall become a street side yard. 3. For a through lot, both lot lines which abut a street right-of-way shall he considered the front lot line, either of which may he considered a rear lot llne for the ~urposes of calculat£ng the width and depth, only. B. Rear lot line~ The line opposite, most distant and most parallel with tho front lot line. For a triangular or goreshaped lot, a line ten (10) feet in length within the lot and farthest removed from the front lot line and at right angles to the llne comprising the depth of the lot shall be used as tho rear lot line. Side lot lino~ All lot lines which do not qualify as a rear or front lot line. D. Panhandle lot lines= For a panhandle lot the Director. The lot lines lot lines shall be approved by tho Planning shall be most consistent with the adjoining lot Ordinance No. 4705 Exhibit "A" Page 1 18.04-13 18.48.040 A. Ordinance No. Exhibit "A" Page 2 All lots shah mc, ct thc lot area and width requirements set forth in thc: appllcablc usc distric~ except any residentially zoned parcel of land with an area and/or a width or dc~tb Ica~ th~, that prc.~bed for a lot in any residential district, -~':-*- ~: ;;~ ......... · , hen thc fact that thc parcel of land does not me~ the area and/or width rcqulrcmonts as set forth in ~ Title shall not proM'bit thc property from bein~ utili~*e.d for single- family residential pur~ provided that all other regula~ons of ghi~ Title arc complied with; For sinalc fam~ homes on substandard lots. the followin~ s~*l '' a. LOt ~ovcra?e Lot coveranc may be determined by ,,*=i~ the fol]owin~ form.l~*- A = LOt area rcq_uir~d bv Zoni~ B ~ L~ area oi ,~4~;n. lot C ~ Fercem~m~ of lot covcran~ allowcd by ?~n{.a D - Percentn_oe of lot coverage allowed for substandard b. Front and rear yard setbn,.l~e Either the front or rear yard setback may be determined by n,~ino the followi-- formula: A -- De~th of the existimz lot B -- Lot de_rRb reauired by Zonin~ C~4,- C -- Front or re. ar yard setback reauired by Z~nlno D -- Front or rear yard setback allowed for the sub~*aml~d lot In no case shall the fron or rear yard setback be less than 10 feet unless otherwise I ' r'n . c, Side yard setba~'It~ Side yard setbacks may be determinr.,d by .,~ino the followint, form.In. (A/B~_* C ~ D A -- Width of ez~a~_n~o I~ B - Lot width re~_uircd bv Zonin~ Cc~ C ~ Sidevard serhn~-k rea_uh-ed by Zonin~ D = Sidevard setback allowed for the sul~,dard 4705 18.48-1 in no case shall the interior sideva~rd setback be less than 3 feet or the street si&yard setback less than 10 feet. unless otherwise allowed bv this Ordinance No. 4705 Exhibit "A" Page 3 18.48-2 H.' A nomr~dcntial structure or usc which becomes a legal nonconfo~ning structm'e or usc after the cffcct~c date of this Title may bc permitted, by meam of a special exception i~ued by thc Hem'inS Examiner pursuant to Section 18.70.020, to expand the cxi~ng usc or structure up to twenty five (25%) percent of thc usc or structure existing at thc time of thc adoption of this Title. Provided further that the addition o(hcrwisc meets the standards of this Title and other requirements of the City. ~ ~ion does no( allow the cxpan~on of a usc or structure which would be incon.~tent with a pres4ously authorized conditional use permit, speclul property usc permit, contract rczunc, or binai-g agreement between thc City and the property owner. This section ulso does no( allow thc expansion of any nonconforming hazardous material storage. 1. When a building or structure is moved to another location it must then be made to conform to the requirements of thc district to which it is moved, unle~ specifically allowed clsewbece by this Title. J. Nonconforminn sin~e family residential homes and its ao'A--~',rv structures ma,; be reulaced ~fl the new structure shall either meet the development Manttnrd5 of the district in which the home located or the new structure shall not be more nonconformiflo than the orevious use. All o(her anolicablc buildin~ and fire code rcouirements must he comnlied wilh 18.54.070 Abatement of nonconforming structures and uses. Nonconforming structures and uses shall be abated if one or more of the following circumstances exist: A. If a no~conforming use is discontinued and changed to a conforming use, any future use of the structure or land shall be in conformity to the regulations of the district in which structure or land B. Any structure or portion of & nonresidential structure, or parcel of land occupied by a nonconforming use which becomes vacant and remaln~ unoccupied for a continuous period of one hundred eighty (180) days shall not thereafter be occupied except by a use which conforms to the use re.~latious oftbe district in which it is located. Residential uses in commercial or industrial zones which ~re unoccupied for more than 180 days may be allowed to reoccupy if a Special Exception is issued pursuant to Section 18.70.020. C. If a nonconforming structure sustains damage or destruction which exceeds trot (50%) percent of the current assessed valuation of thc structure as established by the ~ County Assessor's Offiee. Reconstruction of such damaged structure or reuse of occupancy shall conform to aH regulations of the di.su'ict in which it is located and it shall be treated as a new building. This subsection not apply to single family dwellings. 18.54.080 Amortization and abatement of outdoor storage. All ootdoor storage yards, that do no( comply with the landscape and screening requirements of Chapter 18.50, which are located within an M-1 or B-P zone that are adjacent to a residential zone or are visible from an public street shaH within 3 years, of the adoption of this Title, screen and landscape the outdoor storage pursuant to the requirements of Chapter 18.50, or the use be abated. Ordinance No. 4705 Exhibit "A" Page 4 18.54-3 Chapter 18.70 VARIANCES, SPECIAL EXCEFFIONS, AND ADMINISTRATIVE APPEALS Section: 18.70.010 18.70.020 18.70.030 18.70.0~0 18.70.050 18.70.060 Vafianc~ Application. Hearing date and notice. Admi,,i~,~aive q~r..als. Appeal of Hearing Examiner decision. 18.70.010 Variances. A. Subject to conditions, safeguards and procedures provided by this Title, the Hearing Examiner may be empowered to hear and deride applications for variances from the terms of this Title provided the Hearing Examiner may approve a variance only if the request conforms to all of the following criteria. The Eznmlner must enter final.? of fact and conclusions of law which support the following criteria and any conditions: 1. That there arc ,,-~ue physical conditions including narrowness or shallowness of lot ~i~. or shape, or e~ptionnl topo~'aphical or other physical ctmditions pe..O,Iiar to and inherent in the particular lot; and that, as a result of such unique physical conditions, practical difficulties or 2. That, because of such physical conditions, the development of the bt in strict conformity with the provisions of this Titl~ will not allow a reasonable and harmonious use of such lot. 3. That the variance, ifgran~ will not alter the character of thc neighborhood, or be detrimental to su~ounding properdes in which tl~ lot is located. ' ' family homes, this findins is determined to be met if the features of the ~ronosed varlan,'~- are. consistent with other comparable features within 500 feet of the 4. That the special circumstances and conditions ~ed with the variance are not a result of the actions of the applicant or previous owners. :5. Literal interpretation of the provisions of this Tale would deprive the applicant of fights commonly enjoyed by other properties in the same zoning district. 6. The approval of the ~ will be consistent with th~ purpof~ nf this Title and thc zonlnE district in which the property is located. 7. The variance will not allow an increase in the number of dwelling units permitted by the zonin~o district. 8. The authorization of such variance will not adversely affect the Comprchcniiv¢ Plan. 9. Thc varlanc¢ shall no{ ~ a land Iks¢ which ia not permitted lind~r thc zonin~o distria in which the property is located. 10. The variance shall not ehnno.,e any regulations or conditions established by surface minln~o permits, conditional u.~ permits or contract rezones authorized by the City Council. B. In authorization of a variance, the Hearing Examiner may attach thereto such conditions regarding the location, character and other features of the prop~ac~.d structure or use as he may dcem necessary to carry out the spirit and purpo6¢ of this Tale and in the public interest. C. ^ variance so authorized o~n become void after the: expiration of one (1) year, or longer period if specified at the time of is.sm, if no building permit, occupancy permit or business registration Ordinance No. 4705 Exhibit "A" Page 5 18.70-1 CHAPi-/~R 18.56 SIGNS 18.56.010 18.56.020 18.56.0~ 1836.050 18.~.070 18.56.080 18,56.0~0 18.56.100 18.56.110 18.56.120 Defmitiom. Regulation by distri~ A. RR, RS, RI c. R4, RO, RMm', P, I D. RO-H, CN E. C1, C2, BP F. C3, M~, M2, LF ^. Civic slg~. B. Political C. Real e~ate D. Portable signs. E. Temporary sigm. General provision. A. Sign area, placement, additional 6omage, additional signag¢. B. Projc~ion, clearance and ~ distance. C. Expo~ ~,~e iro~ and wire. E. Cons~uction provisio~,~ F. Change of copy. E~mp6o~ Proh'bi~ed Noaco~formi~ Aamln~rativ~ provi~ioas. Appoa~ and v~innces. Liability. 18.56.010 Purpo~c. Thc overall purpose of this chapter is to enhance and maintain the aesthetic character, to promotc thc public healfl~, safety and general wcffarc, and to increase the effectiveness of visual communication ia thc City. ~ chapter is also intended to avoid visual clutter that may adversely impact b'afl~c and pedctds'ian safety, or bc adverse to property values, business opportunities and the City's appearance. The purpose of this chapter is implemented by conUollln$ thc design, quality of materials, construction, location, use and maintenance of al] signs and sign structures. 18.56.020 DeFinitions. The following definitions are spec~c to this chapter and arc to bc used o~ly for thc implementation of A. 'Abandoned sign' means a sign thai no longer corrccdy directs or cxhort~ any per~oa, or advenhes a bona fide business, lessor, owner, product or activity conducted or available on thc premises where such sign is located. Ordinance No. 4705 Exhibit "A" Page 6 18.36-1 B. '~n~*~. mc~c center' means an elcetronically controlled public service time and temperature sign; me. ssa~c ~cntcr; or readcrboard where different copy changes of a public service or commercial nature ~e ~ on ~ ~me lamp~..k ¢. 'l~'ec~enals~n'mcan,sas~nwhlch' I ' ' ' m ~t~ to ~dc or ~ ~ or ~c~ ~c to ~E en~ ~ ~d ~ ~ ~d may n~ ~ ~ (6) ~c f~t ~ ~ or (10) f~t ~ hc~ For ~ that ~ more ~ I~ ~ ~A~, of ~ ~n~e~ ~en ~e ~ ~ may ~ ten (10~ M. ~ ~d ~e ~ hc~t ~n (~ f~t D. 'Double-faced sign" means a sign with two (2) faces. E. ~Electrical ~i?* means a si&n or si&n structure ia wblch electrical wiring, connections, and/or fixtures are ~ as pan of the sign proper. F. 'Facade* means thc entire building front, or street wall face, indpding grade to thc top of thc parapet or eaves, and the entire width of the building elevation. G. ~l.~hing ~ign' means an electrical sign or a portion thereof which changes light intensity in a sudden tr~n~*ory Imm, or which switches on and off in a constant pattern in which more that one-third (1/3) of thc nonconstant light soarcC is off at any one time. H. 'Frcesta~41n5 sign' means a sign attached to the ground and supported by uprights or braces placed or in the ground. (ALso called ground or pole sign.) $i~, attached to fences or other structures that are not defined as Imildln~ will be considered freestanding signs. I. 'Frontage' means the mcasuremont of thc longth of the property linc or building fi.ont. J. 'Grade' means the relative existing ground level in the immediate vicinity of the sign. *Incidental sign' means a small sign of a non-commercial nature without adver*i*i-g intended primarily for thc convenience of the public and having a maximum area of two (2) square feet. Included are signs designating restrooms, hours of operations, entrances and exits to buildings and par~ing lots, help wanted, public telephones, etc~ ALso included are propem/control and warning ~i~* such as 'no trespassing.* 'no dumping,' etc., and plaques, tablets or inscriptions which are an integral part ora building. L. 'M~n~rd roof' means a sloped roof or roof-like facade architecturally able to be treated as a building M. 'Marquee' means a pormanunt struc~u-e attached to, supported by, and projecting from a building and prov~tlng prete~ion from the weather elements. For the purpose of this chapter, a freestandlng~ permanent roof-like structure providing protection fi.om the elements, such as a ser¢ice station gas pump i~l,nd, will also be considered a marquee. The term marquee also includes canopy. N. 'Marquee si?' means any sign which forms part of or is integrated into a marquee and which does not e~end horizontally beyond the limits of such marquee. For the purpose of this chapter a marquee sign va'Il be considered as a wall O. 'Multiple-building complex' means a a group of commercial or industrial structures. P. 'Multiple.tenunt buildln~ means a commercial venture but not inclu&ing re~sidcntial apartment buildlng~ which share the same lot, access and/or parking facilities. O. 'On-premises sign* means a ~i? which carries advertisements incidental to a lawful usc of thc premiums on which it is located, including ~i?~ indicating the business tr~n~cted at, services rendered, goods sold or produced on the premises, n~me of the person, firm or corporation occupying the premises. R. 'Gff-premisus sign' means any sign which advertises an establishment, merchandise, service, goods, enter~in*~ent which is sold, produced, and manufactured, or furnished at a place other than on the property on which said sign is located. S. *Parapet* means a false front or wall extension above thc roof line. T. *Perimeter* means a square or rectangle required to enclose thc sign area. Ordinance No. 4705 Exhibit "A" Page 7 18.56-2 KK.'Undcr-marquee sign' means a sign which is attached to and suspended from a marquee but does n~ extcnd beyond such marquee. LL. "Wall ~8n" me4ms a s~n at~tched or erected parallel to and e. xtcnding not more than eighteen (18) inches from the facade or face of any buildlag to wtfich it ia attached and ~upported through i~ entire lensth, with tl~ exposed face of tl~ sign paraflcl to thc plane of said wall or far. adc. Mlvl. 'Monument/Median Si~n' means a sinn that is nla_,'e-d_ W~/hln the median ofa oubllc si:reel. T~F-- s'_ums shall only be allowed to serve a multi.,~nt dewlo_mnent of fifty fSO~ acres or more. The shall only have two (2~ faces, be no hi_olwr tha~ 6 feet and no Icmo~r than 18 feet. Only_ thc name of tl-~ develogment and/or loeo shall be aflowed ~ no m'educt advcrt~ino Thc ~ arc only aflowed at interscctin~ streets with thc slnn olaced in the r~ht-of-wav of the street that is the entrance to 0'- development. Only one (Il finn eer intersection is allowed and only three (3) sltns oer development are allowed. The median adlacent to the sinn shall be laprl~'~_~ed in nil dlrection~ of the ~ with either sod. annuals, n~ound cover. Iow n~owine shrubs, or a combination thereof, TI~ land~-~nlno *h:~ll extend to the edge of the median or be five (5~ feet in any direction from the sinn. A rift-of-way ,,*-- permit is reouired that addresses insur*n~ maint~nnm'*- qlaht digtanc.~ and ntber aDDllral'~-- ronuirements of thc ~, pn~n~.. 18.56.030 Regulation By District. No sign of any ty~ d,., be permitted to be conm'ucted, e~.~ed, or placed withh, any zo-~g district unless it is listed as a permitted ~gn within the zone or listed as an exemption in Section 18.56.0~0. A. Permitted signs in RR, RS, and R1 zones: 1. Real estate: see Section 18.56.040 (C); 2. Home occupation: see Section 18.60.020 (H); 3. Political: see Section 18.56.040 (B); 4. Temporary building: one (1) sign per project not to e-~¢d sixteen (16) square feet in to,a] area; 5. Permanent development r.i~ one (1) per entrance not to exceed fifty (50 square feet in area and ten(10) feet in height. 6. FreostandlnU (non-residential uses only) one (1) ,~ per sUeet frontage with a maximum sign area calculated at one (1) square foot per each llneai foot of frontage, n~ to exceed fifty (50) square feet per face and ten (I0) feet in height; 7. Wall: (non-residential uses only) more than one (1) allowed with a maximum sign area calculated at one (1) square foot per each lineal foot of frontage, not to exceed fifty (50) square feet total for B. Pcrmltted ~i?~ in R2 and R3 zones: 1. Real estate: sec section 18.56.040 (C); 2. Home occupation: sec scction 18.60.020(t0; 3. Political: see section 1836.040 (B); 4. Tcmpora~buiMi~ one (1) sign per project not to ,'~,~eed sixteen (16) squarc feot in total arca; 5. Permanent development sign: one (1) per entrance no~ to exceed fifty (50) square feet in area and twelve 02) feet in height; 6. Freestanding (non-residential uses only): Ordinance No. 4705 Exhibit "A" Page 8 b. Multi-tenant buildln.o and mulfi-buJJdin~ complex: One (1) sign l~r street ~'ontag= ~ ma:imum ar~a calcumt~ at one and one hslf (1 1/2) square fe~t per each lineal fo~ froat~, no~ to eg~ed one hundred fff~ (150) square fe~t ~r fac~ and thirty (30) fe,~ ia w~n. a Single tenant buildin~ More than O~e (1) al]owe, d ~iLh a maxil~um $i~zl area calctll~z:d on= (x) squ re foot per each foot or frontage, not to one buadr t, nty-a, square fcct total for all wall b. Multi-tenure builains and multi-bull,GuS complex: Ea~ Ica~ space may bc allow~cl ~aasi& wall ,:i~n*~c with a maximum ~i? area calculated at one (x) uare foot per foa froutag~ nm to e~,',?d one hundred twenty-five (LT~ square feet of total wall d~,: per eaci~ leased spae~ The owner/manager ~hal! b¢ r~spon~"ol¢ for the placement of the 10. Marque~: One (1) double fa~ under marclU~ sign, not exee. cAing six (6) square f~t ~ face: may b¢ allowed for ~a~ butane, ss ~ntranc~. There shall b¢a minimum of eight (8) f~t of dearanc~ be.,twe~n tl~ grad~ and the ~i? 11. Any ti? my be either indire, clly or directly illuminated. PcrmiRcad ~i?a in CL C2, and BP zones: 1. Re.~l e~tat~: ~ Section 18.56.040 (¢); 2. Political: se~ Sea:tiou 18..56.040 03); 3. Dire.~tion~l: 4. Temporary buila;n~ one (1) sign per project not to exceed thirty-two (32) SClUar¢ fe.~ ia ~ area; 5. Temporary window:, se~ Se.~ion 18.56.040 (£) (2) 6. Temporary, exten~l to a buila;n~ se~ Section 1836.040 (£) (1), this provision docs not ~n~'~n~; ?. Portal': SeC $CC~0~ 1~36.04~ (~); 8- Fre~O,fldln~ a. Single tenant building: One (1) sign per street frontage with a ma~mum ~i? area caimlated at one (1) squm'e foot per each lineal foot of frontage no~ to exceed one hundred fifty (L~0) square feet per face and thirty-five (35') feet in height. b. Multl-tcnanl bui]dlno~ and multi-buildin5 comple:c One (1) sign per s~reet frontage ~ a ma~mUm ~i? area calculated at one and one-half (1 1/2) square feet per each lineal fo~ ~ ~ron~*g¢ no~ to ex~¢d one hundred seventy fiv~ (175') square feel per face and thirty-five (35) feet in height. 9. Wall: a. Single tenant building; More than one (1) allowed with a maximum sign area cab'nl~,.d at one and one half (1 1/2) square feet per each lineal foot of frontage, not to exceed m~ hundred fifty (L~0) square ge. et t~a] for all wall signs; b. Multi-tenant bui~dln~ and multi-builai~ comple:c Each lea.~ed space may be allowed maL~ide wall slgnage with a ma.~imum sign area calculated at one and one-half (! 1/2) square facet per lineal foot of ~ frontage not ~o exceed one hundred fifty (L~0) square feet of total · i~o~, per each iea~ed space. The owner/manager shall be responsible for ~he placemem of the 10. Projec~ng and roof: One (!) roof sign may be allowed in lieu of an aJlowed freestanding ~ with the ~i? area no~ to exceed fifty (50%) percent of that allowed for the freestanding ~ Roof sign~ are not allowed in the C-2 zone a~d proje~et~n~o si?~ may only project a ma~mum o~ Iwenly- four (24) laches from th~ building face in the C-2 zone. 11. Marquee: One (1) double face under marquee sign, not exceedln~ six (6) square feet per face may b~ allowed for each bu~inc~ entrance. There shall b~ a mln;mum of eight (8) feet of clearamc~ between the grade and the sign. 12. Any ~ may either be indirectly or directly illuminated. 13. Revolving freestandln~ on-premise signs are permitted. Ordinance No. 4705 Exhibit "A" Page 9 18J6~ 14. Monumeal/Medhn S;o~s F. F~;, mltted slgm in C-3, M-l, M-2, and LF zonns: 1. Real me: see Sectioa 18~6.040 (C); z politi~ ~e ~ ~.~.040 (~); 4. Tcmperap/buil&in~. one (1) sign per project not to ,'~,'e_e4 thirty-two (32) square feet in total 5. Tcmlx~ary window:, see Section 1g.56.040 ~E) (2); 6. Tcmpara~, c. xlcrnnl to & building: sec Section 18.56.040 (E) (1); 7. Portable.: see Sc~iun 18.56.040 (D); 8. Free~ a. ~ tenant I)m'ldi.~ One (1) sign per stree~ fxont~c with a maximum sign a~ea calculated at one and one h.lf (1 1/2) square feet per each lineal foot of frontage not to exceed two hundred (2iX}) square feet per face and not to exceed forty fi~ (45) feet in height. b, Malfi-tennn~ bui]d;-g and mulfi-buil&;ng com~ One (1) s~n p~r s~reet frontage with a maximum sign area calculated at one and one half (1 1/2) square feet per each. lineaJ foot of fronta~ not to exceed two hundred fifty (250) square feet per face and not to exceed forty-five (45) feet in heist. 9. Wal~ a. Single tenant build;n~ More I'hnn one (1) alloyed with a maximum ~ area calculated at two (2) square feet per each lineal foe( of frontag~ n~ to exceed two hundred (200) square feet total for all ~ ~'.~ b. Mulli-tenant bulid;-g and mnlfi-bnl, ldl.g comDk~ Ea~ leased spac~ may be allowed outside ~ s~gnagc wi~ a m~um sign area calculated ~ t~ (2) square feet ~ lineal foot of leased frontage not to -~_¢d two hundred (200) square fe~ of total wall ~i~ per each leased space, the owner/m.nsger shall be rnspon.~'Me for the plac~me~ of the signs. 10. Proje~ and roof: On~ (1) proje.~6-g or one (1) roof ~ may be ~llowed in lieu of an allowed frec_,~_n~-g ~ with the sign area not to exceed fifty (50) percent of that allowed for the 1L Marquee: One (1) double face undo' marquee ~ not excce.,4;n~ six (6) square feet per face may be allowed for ea,-h business cntranee. There ~h~,n be a m~nlm~lln of ei~ (8) feet of cle&rance bctw~ the grad~ and the ~ 12. Frec-.~.-m-~ off-l~C,~ signs which are local scn~in~ are pertained as follows: & ~ ~n ~hnll be located no fm~J~r th:an ~ bnndred (500) feet from the busine.~s eMa[dLzhment the sign is intended to advert~e. b. No such sign r. han be located closer thn, one hundred fifxy (150) feet to any residential zone, and shall not interfere with or obstruct the v~ew from any re~identlal zone. d. Tllere shaH be a mlnlm~lm distance: of one hund~d fifty (150) feet between any two (2) off pretnlsc *i~%except that double faced si~ with thc faces in opposite directions may be permitted. Those signs for which a permit was first issued shah be used to establish the minimum distance. e. Such .glgng ghall not exceed a height eqt~] to one (1) foot for each foo~ of scthack, not to ~¢e¢4 thirty (30) feet, and in no case ~n thc scthack be Ic.~ ~ twenty (20) feet, measured from any street right of way. f. No such sign shah be allowed to exceed one hundred t'~ty (150) square feet of sign area per g. Such ~i_an~ may have two (2) faces only, bach to back, no 'V' shaped or similar shaped ~ arc pcrmlttcd. 13. Any sign may either be indirectly or directly illumlnatcd. 14. Revolving freestanding on-premln,~ si~n~ g are permitled. Ordinance No. 4705 Exhibit "A" Page 10 18.56-7 15. Monumeut/medhn ~ 18.56.040 Special A. Civic Thc Building O~cial may approv~ ~d permit to be erected entrance ~i~% at or near thc City limi on private property with thc owner's pr.,-i-~ion, on which may be listed ~nal name~ or point, of interest. The total area of such sign ~hall not exceed twenty-font (24) square feet per face or twelve (12) feet in height. Such sign shall not be placed so as to cause a traf~c hazard, and ~hall be approval as to placement by the City En~neer. B. PoU~ 1. Political SJglIS ~hnll not be placed upon public streets, public property, highways, or rights of way withln th~ corporate limits of the City. Si~n~ placed on private property require permission of property owner. 2. Political ~?~ ~nll be removed w~hl, fourteen (14) days after the election, except that a candidate who wins a prhna~ election may continue to display political ~i_~t~ until fourteen (14) days after the general election. 3. Political signs less than sisleen (16) square feet shall not be required to have a permit or pay a f~. No other regulations apply except as outlined in subsection 1. 4. Political signs si~een (16) square feet or larger shall be limited to one (1) sign per candidate or issue, on a private lot and ~hn!! b~ regulated as follows: no person, as..~ociation, corporation, or organization ~hnll place, construct, erect or install any political or campai? sign of any kind or nature in any election, upon any vacant property or abandoned vehicle or ma,'h~¢ry placed on vacant property unless a permit has been secured from the Building Ol~lal and the following information supplied: a. Number of b. Location, c, Written permk~on from propen'y owners, cl. Size of 5. Political ~i~n~ in excess of thirty-two (32) square feet ~hall conform to ti~ provisions of the off- premises ~7% section 18.56.070 (F) (12) excepting subsection a. C, Re. al estate No sign permit is required, except as provided in paragraph 6 below. All e~erior real estate signs must be of wo~! or plastic or other durable material. The permitted ~i~ are as fonov~ 1. Residential 'for sale' and 'sold' signs: Such ~]~ shall be limited to one (1) sign per street frontag~ not to exceed five (5) square feet ~n ~i? area per side, placed en~ely en the property for sale, and not to e. xceed a height of seven (7) feet. 2. Residential directional "open home' ~i~: Such ~i?~ ~hnn be limited to one (1) sign per street frontage on the premises for sale and three (3) off-pren~es ~i~. Ho~-ver, if a broker/agent has more tl~nn one houso open for ~-%~tien in a single development or sulxlivision, he is limited to four (4) off-premises 'open home' ~i~ in the entire development or sul×livision. Such ~i~ ace permitted only during daylight hoars and when the broker/agent or seller or an agent is in attcndanc~ at thc property for sale. No such sign shall cxc. r.~l five (5) square feet in sign area per side. The sign may be placed along the periphery of a public right.of-way, provided it does not interfere with traffic safety, but it may not be attached to a utillty pole or traffic safety device. 3. Undeveloped commercial and ~ property "for sale or rent: signs' One (1) sign per street frontage advertising undeveloped commercial and indnstrlal property for sale or for rent is permitted while the property is ac~ally for sale or rent. The sign shall not exceed thirty-two (32) square feet in sign area per side and eight (8) feet in height. 4. Developed commercial and indumial property 'for sale or rent' ~' One (1) ~i? per street frontage adver~]-~]n~ a commercial or industrial btttld]ng for rent or sa~ is permitted while the building is actually for rent or sal~. If one face of the bui.l,4~,~ is Ic.~ tl~,, ten (10) feet from the Ordinance No. 4705 Exhibit "A" Page 11 application to thc City Eng~.'-,-xt ~?ao shall have the authority to administer the issuance of uny such permits. The application shall be made on forms provided by thc City Engineer, and iszuam~ of any of such permit shall be subject to imurunce requiremeat% bond requirements, hok[ harmles~ agreements, and other administrative details as administered by the City En~o/neer. 18.56.050 General Provisions. A. Sign area, placement, additional hx~r~e, additional 1. The allowable sign area ~hM1 be calculated by ,t, lng the building frontage or lot frontage, whichever is greater. 2. T~ bzl;in~,.~ perSOn may place the sign or ~i~* any place on the business e~ablizhment or lot; however, freestanding slgn~ must be located ~ntkely upon private property and shall not proje~ over public right of way. 3. In order to encourage the setting hack of free&tal)d;n~,., si~* an additional 1.2~ percent of may be added, for each one (1) foot of set hack provided, up to a maximum of twenty-five (25%) percent 4. Off-premise freestnndlng ,./?~ vail have a twenty (20) foot set back meesured from uny meet right of way. No bonuses of sign area will be allowed for additional set back. Corner locations or locations with frontage on morc thun one (1) street arc permitted one (1) additional sign for the additional street frontage, provided, that no freestunding sign ~han be Iocnted dozer fha. one hundred (100) feet to unother freestundin~ ~i? on thc same lot. Such secondary free-edandino nroieoti~ or re~' ~ shall be limited to an area not greater than fifty (50%) percent of the area allowed for thc same type of ~? on thc main street frontage. W~ d~ms are allowed on each fr~nt.., with its size calculated by each frnntaoe. For oroiec~s that S00.000 sauare feet or more of floor area and more than one frnntno~ each freestandinn ~ f'--" be allowed its maximum area for each si~n. calculated bv its frnntn~e. The additional ~'.mn* mast be placed to be primarily viewed from the secondary sueet und not placed to add additi,~n~! ~ to the principul street frontage. On a b,tglnes~ multi-tenant building, or multi-building complex with total frontage on the main street of more than three (300) hundred feet, the businesas shall be allowed one (1) additional freestandl.g sign for each three hundred (300) feet of frontage, not to exceed one hundred fifty square feet per face. Each sign ~hal! be placed one hundred fifty (150) feet apart. This kal! ozly apply to commercial or industrial zoned property. If under this erovision oulv one (1~ freestavo%o sitn is used for the entire front _a_~e then the allowable ~ area may be increased un to thrc~ hundred ~ (3~0~ sauare feet mr face with no other area bonuses allow,~.d The area of a sign may be increased up to twenty-five (25%) percent when only one (1) sign is used, provided that all other sections of this chapter are complied with. Ordinance No. 4705 Exhibit "A" Page 12 18..56-10 8. For dmclooments that have sub~anfial bni]d~ seth~e~ at lea.~ 100 feet. from the public ri~h~ t- of-w~v iht suuare foo~ ~a~e of ~ ~m* may be in~.J~-.~ by one-hJlf (1/21 s(]~uare foot for foot the ~ sets back from public righ_ t-of-way. The mn~mltm additional souse footage shall NO ~ sigl] e. hall proje~ more than six (6) inche~ above or over the wall roof line or parapet of the butqalng to which it is a~achod. 2. Prc~c~ ~i~,~ may not pro~c~ more ~ha. ~v~ (5) fcc~ from thc property llne or bill'din5 face and mus~ be a mlnlmm of two (2) feet f~om a ceb unles& otherwise specified by this chapter, and *hal! COnfOlll to S¢(:ti(~ 403 of thc Uniform Sig~ Code. Projc~ing xi~n~ within thc C-2 zouc may only projecl twemy four (24) inche~ fi.om the b~.'l,~o face. 3. All projecting ~i?~ over thc public right of way must be a minimmn of eight (8) feet above the sidewalk except when located in an alley or ia an area where motor trucks may be required to pass, in which ca.~e the mlnlmBur ~ica] clearallce chall be fourteen (14) feet and conform to Section 403 of the Uniform Sign Code. 4. Roof signs may not e~end more than five (5) feet in height above the roof. 5. Signs must meet vehicular sight distance requirements established by the City Engineer pursuant to Section 18.48.020(B). C. ~ a~le iron and wire: When a projecting or roof ~i? is used, no ,%0~, irons, guy wires or braces shall be vi~q~le., ¢-~pt those that are an integral part of the osea'all de~n, such as decorative metals or woods, or unless they are required f~ snfety. L Ali ll.ohfi%o ghall be arranged to reflect away from any re~.idential zone as well as no ~rson shall e~ e~abli-~h~ create or malm~in any stationary e. zterior ligbfino~ or illumination system or any im,.rior system which is intended to be viewed from a street, hi~ohway or other public thorono~h~ fare used for vehicular tral~c which sy~em conlalng or utili,~,.~: a. Any cxt~osed ineande~:ent lamp with a wattage in exee~ of twenty five (25) watt~ b. Any exposed incandescent lamp with an internal metallic reflector, c. Any ~ iac~nd~,u~t lamp with an ,'~¢mal reflector, cL Any revolving beacon ~ e. Any continuous or seq,,n~tial fla~hin~ ol~eration in which more than one-third of the lights are turned off at any one time and/or which uses light of more than twenty-five (25) watt~ a. Li~ systems owned or controlled by any public agency for the purpose of direr~in~ or conUolli%o navigation, traffic, or hi~ohway or street illumination, b. Aircraft warnin~o li~aht~ c. Electronic information systems which display the time of the day and/or the atmospheric temperature or pt'ogrammabl¢ ¢lr~Rl'oBic m~es of a public set'vice or commercial nature, E. Construcficm provisions: L Each ~ shall be adequately constructed ia accordance with the requirement of the Uniform BuDm,~. and Sign Cede~ as amended; 2. Siges ~O~3=iain~ ¢~',Ct,,-ic.~i] CiH;3.~U? qhall mcct thc requicemcnts of thc National Electrical Code and all s~ate laws) and shall include an approved testing lab sticker. F. C~n~¢ of cepy: The holder of a permit, for the duration thereo~ ~:~1! have the right to change the adverti~in5 copy on thc sm]omc or sign for which the permit was issued without being required to pay any additional fees. Ordinance No. 4705 Exhibit "A" Page 13 15~11 18.56.060 Ezcmptioos. The foliowin~ arc cx~npt from thc provision of this chapter: A. paintin~ repainting, cle..nnine~ repalrin~ and other normal maintenance nat,.~ structural or clec~ical B. Tcmporary xlgn~ and decorations customary for special holidays erected on private property;, C. Relis~ons symbols; D. Memorial ~i~ ot tablets, names of buildln~ dates of erec~on and the li~; E. Signs required by law, traffic or pedestrian control ,ig,% signs indb-,a-g ~ccoic ur historic points of interest, which are erected by or on the order of a public o~cer in the performance of his public duty;, F. Sculptures, fount,ln% mosaics, and design features wt6ch do not incorporale advettklng or identLRcation; G. The flag of a government or noncommercial institutions such as schools, with the poles treated as H. Official public no,cra, offcial court notices; J. Si&ns not intended to be viewed from street right of way;, IC Lettering or symbols painted dire. x~Jy onto or flush mounted magncticaliy onto an operable vcblcl¢. 18.56.070 Prohibited From and aRer the ¢ffex~ive date of this chapter it shall be unlawful for any person to erect or place wi,h;, the Ci~/:. A. A s~n.~ng projec*i~ sign; B. Strings of light~. ~nnn~,l~ balloons, pennnn~ ribbon~ st~nlers~ spitm~rs~ rota[~ or bli.king lights, or ~milnr device~ except as permitted by Section 18.56.040 C. F~.~hl.g .;_~-.. except as permitted in Section 18.56.050 (D); D. Si~ attached to, or placed on, & vehick: or trailer parked on private or public property. This provision is not to be construed as prolu'biting the identification of a firm or its principal products on a vehicle operntln& during the normal course of b~t~;-~ss. This do~ not indude amonaobil¢ fo~ sale ~ig.~ or ~;~ attached to franehl, ed buses or taxis; E. Private ,i~ placed in or on a public right of way. monument/median ~ eermitted by this chata~ F. Any sign which constitutes a traffic bayard or detriment to traffic safety by reason of its size, location, movemeng contcng coloring, or method of illumination, or by obstru~ing ~ vision of drivers, or detracting from the vi~'bility of any official traffic control device by diverting or tending to divert thc attention of drivers of moving vehicles from traffic movement on street, roads, inters¢ctlons, or acce~ facilities. No sign ~hnll be erected so that it obstructs the vision of pede.~rlans which by glare or method of illumination constitutes a hazard to traffc. No sign may use ~ phra.~s, symbols or characters in such a manner as to interfere with, mislead, or confuse tral~c; G. Any sign or advertising structure or supporting structure which is torn, damaged~ defaced or destroyed. H. Any sign, including thc sign structure, now or hereafter e~ting which no longer advertLv*.~ a bonafide business conducted or a product sold shall be taken down and removed by thc owner, agent or person having the beneficial use of the land, building or structure upon which such ~i? may be found within ninety (90) days after written notification from the Building Offcial. I. Si~ attached to utility poles, trees, rocks or other natural features; J. Signs attached to benches on public right of way. Ordinance No. 4705 Exhibit "A" Page 14 18.56-12 'Conditional use' means a use permitted in · zoning district only after review and approval by the Hear£ng Ex~miner0 Planning Con. lesion, 'C£ty Council, or Planning Director. Conditional uses are such that they may be compatible only on certa£n cond£tions in specif£c locations in · zon£ng district, or if the site is regulated in · certain manner in order to achieve the purposes of this Title. 18.04.270 Conforming use. "Conforming use" me·ne an activity the nature ·nd type of which is permitted in the zone in which the property on which it ia established ia located. 18.04.280 ~_~'_tract resorts. "Contract rezone" means an agreement between the City and · property owner which implements · rezone by outlining conditions and other obligations. A contract rezone must demonstrate · general public benef£t, must run w£th the land and be binding upon the owner and his heirs, assigns and successors. A contract rezone cannot be inconsistent with the Comprehensive Plan. 18.04.285 Dangerous waste. "Dangerous waste" means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous waste. 18.04.290 Day-care center, nursery school, preschool. 'Day-care center, nursery school, preschool~ shall mean any type of group day-care proqrams, for ch£1dren or adults, including nursery schools for children under minimum age for education in public schools, parent cooperative nursery schools, playgroups for preschool children, covering after school care for school children, and program· which provide organized learning and education exl)eriencel, provided such establishments are licensed by the state and conducted in accordance with state requirements. For the ~urpose of this Title the following shall also apply to day-care center, nurser~ schools or preschools: A. Babysitting care: Means · dwelling which prov£des occasional custodial care to children, for periods of less than twenty-four hours, who do not reside within the residence of the person providing the care. Babysitting care is not necessarily provided in exchange for compensation. B. Home based day-care: that regularly orovidee day care for not mere than twelve [12~ children or adults in the orovidere home in the family livino uuarters, for Periods of less than 24 hours. H~ based day care is allowed ~2 any ho~9 req~rd~ess of its zonino classification. Ordinance No. 4705 Exhibit "A" Page 15 18.04-7 C. Mini day-care center= Means a place, other than the home of the Provider. which provides r~gular custodial care for ~ one to twelve children, for periods of ieee than twenty- four hours. Day-care center: Means · place which provides regular custod£al care for twelve or ~ore children, for perioda of less than twenty-four hours. Preschool/nursery schools: Means a place which provides regular custodial care and/or organized learning and educational exper£ences for eE~-ew--m~-e children. 18.0&.295 Designated facility sene. "Designated facil£ty zone' meana a zoning district waste treatment and storage facilities are allowed uses, siting criteria designated in Chapter 70.105 RCW. in which hazardous subject to the state 18.04.300 Dens£t,. 'Density' mean8 the number of units within · specified area calculated by dividing the total number of square feet of tho area by the number of dwelling unite in the area. 18.04.310 Develolment standards. "Develol~ent standards" mean landscaping, height, site coverage, related features of land use. regulations pertaining signs, building layout, to setbacks, site design and 18.04.320 District. 'g£strict~ shall mean a portion of the territory-of the city within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this Title. 18.04.330 Dwelling. 'Dwelling' means a building designed exclusively for residential purposes, including one-family, two-family and multiple family dwellings, but not including hotels or motel units without kitchens. 18.04.340 D~allings, t,pes of. A. Dwelling, one family. 'One family dwelling' means a detached building designed exclusively for occupancy by one family and containing one dwelling unit. A manufactured home may be considered a one-family dwelling if aited per Section 18.48.050. B. Dwelling, two-family (duplex). "Two-family dwelling or duplex' means a building deBlgned exclusively for occupancy by two famll£ea liv£ng independently of each other, and containing two dwelling units. C. Dwelling, multiple family. "Multiple family dwelling' means a building designed exclusively for occupancy by three or more families living independently of each other, and containing three or more dwelling unite. D. Dwell£ng, townhouse. "Townhouse dwelling' means a bullding designed exclusively for occupancy by one family and containing one dwelling unit, Ordinance No. 4705 Exhibit "A" 18.04-8 Page 16 Chal~er 18,48 SUPPLEMENTAL DEVELOPMENT STANDARDS SectJons: 18.48.010 18.48.020 18.48.030 18.48.040 18.48.050 18.48.060 18.48.070 18.48.090 Day-cam. Fences. Height limitations. Lots. Manufactured home siting standards. Recreational vehicle parks. Yards. Work release, pre-release and similar facilities. 18.48.010 A. Day-care. The following performance standards shall apply to all child day-cams but shall not apply to adult day-care: 1. If applicable, must be properly licensed with the State of Washington. 42. Outdoor play areas may be required to be screened by a one hundred (100) percent sight obscuring fence per Section 18.48.020(C). The fence shall be constructed to roach the ground to prevent crawling underneath; &3. Day-cam, preschool and nursery school services shall not be conducted before 5:00 A.M. or after g:00 P.M in single family residential zones. The above provisions am not intended to reduce the requirements of any other licensing agency or department. 18.48.020 Fences. A. Height regulations. The minimum or maximum height requirements as stipulated throughout this chapler shall bo considered to be met if the height of the fence is within six (6%) percent of the height required. The height of the fence shall be determined from the existing, established grade on the property. 1. The fotlowing regulations shall apply in the RS, R-l, R-2, R-3, R-4, R-MHP, RO, RO-H, I, CN, C-1 and C-2 districts: a. Fences may be constructed to a height not to exceed the following in each of the required set beck areas, as regulated per each zone, or as modified by Section 18.48.020(B): Front yard: forty-two (42) inches, Side yard: seventy-two (72) inches, Rear yard: seventy-two (72) inches, Street side yard: forty-two (42) inches. 2. The following regulations shall apply in the RR, C-3, M-I, M-2, BP, LF, and P1 districts: a. Fences may be constructed to a height not to exceed the following in each of the required setback areas, as regulated per each zone; or as modified by Section 18.48.020(B): Front yard: seventy-two (72) inches, Side yard: seventy-two (72) inches, Ordinance No. 4705 Exhibit "A" Page 17 18.48-1