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HomeMy WebLinkAboutITEM V-CMemorandum WASHINGTON TO: Councilmember Bill Peloza, Chair, Municipal Services Committee Deputy Mayor Sue Singer, Vice-Chair, Municipal Services Committee Councilmember John Partridge, Municipal Services Committee FROM: Kevin Snyder, AICP, Director, Planning & Development Department CC Mayor Pete Lewis Elizabeth Chamberlain, AICP, Planning Manager, Planning & Development Department DATE: February 24, 2011 SUBJECT: DISCUSSION & INFORMATION: Time Extension for Allowance of Portable and Temporary Signs Chapter 18.56 (Signs) of the Auburn City Code (ACC) contains regulations and standards for the use of different types of signage on private properties and publicly owned land within the municipal limits of the City of Auburn. In the spring/summer of 2009, the Mayor's Office and the Planning and Development Department received numerous requests from local businesses for increased allowances for portable and temporary signs to help stimulate local business activities during the current significant economic downturn. The Planning Commission conducted a public hearing on August 25, 2009 and following deliberation, recommended to the City Council authorization of use of portable and temporary signs in certain zoning districts for a one year time period for such use with the possibility of up to two extensions of six months, should economic conditions warrant. The City Council approved Ordinance No. 6263 on September 8, 2009 authorizing portable and temporary signs in certain specified zoning districts of the City of Auburn until September 16, 2010, unless this timeframe was extended by future Council action. The Council approved this Ordinance in part following its determination that it was in the public interest because of economic conditions and challenges for local businesses. Following Council approval of Ordinance No. 6263, staff notified interested parties and developed no fee permit forms to register the location of portable and temporary signs on private property and in the public right-of-way. Staff encountered no major problems or issues in the original administration of this temporary program. Following discussion and recommendation by the Planning and Community Development Committee in August 2010, the Auburn City Council approved Ordinance No. 6327 (refer to attachment) on September 2010 that extended the timeframe for the use of portable and temporary signs on private property and in the public right-of- way to March 15, 2011. Staff has continued to encounter no major problems or issues in the extended administration of this temporary program. 1 Please note that the only difference between Ordinance Nos. 6263 and 6327 was a change in the effective period of the ordinance. All other changes shown in Ordinance No. 6327 are the same that were originally presented in Ordinance No. 6263. Therefore, staff has provided only a copy of the most current ordinance under consideration for extension - Ordinance No. 6327. Staff discussed the potential extension of Ordinance No. 6327 with the Planning and Community Development Committee as the lead action committee at its February 14, 2011 regular meeting. The Committee expressed support for the extension of the Ordinance for 1 year to help Auburn businesses during the continued economic situation. Staff discussed the potential extension of Ordinance No. 6327 with the Public Works Committee on February 22, 2011. The Committee had no major concerns or issues with the possible extension and concurred with the recommendation of the Planning and Community Development Committee. The extension of Ordinance No. 6327 is currently scheduled as an action item on the Planning and Community Development Committee's February 28, 2011 agenda. If recommended for approval by the Planning and Community Development Committee on February 28t", the Ordinance will be submitted for potential City Council action on March 2011. 2 ORDINANCE NO.6 3 2 7 AN ORDINANCE OF THE CITY COUNCIL OF THE.. CITY. OF AUBURN, WASHINGTON, AMENDING ORDINANCE NO. `8263 AS TO THE EFFECTIVE DATES OF SAID ORD.INANCE'S AMENDMENTS TO CHAPTER 18.56 OF THE AUBURN CITY CODE RELATING TO TEMPORARY SIGNS- WHEREAS, Auburn, City Code Chapter 18.66 governs the placement of signs in the City, idcluding portable and temporary, signs; and WHEREAS, the City of Auburn has received numerous requests from local businesses'for increased regulatory allowances for the use of -portable. and, temporary signs to help stimulate local business activity; and WHEREAS, on August 25, 2009, the City of Auburn Planning Corrimiss[on held a"public hearing on the increased use of-portable and temporary signs in the City, and recommended to the City Council that such an increase be allowed; and WHEREAS, the Planning 'Commission recommended a one year time period for such increased use with the possibility-of up to two extensions of six months, should economic conditions warrant; and WHEREAS, the City Council finds that under -the current economic conditions, it 'is in the best interest of the City to allow local businesses to increase their use .of portable and temporary signs for a limited time period, delaying the effective dates'of the amendments of Ordinance No. 6263. .NOW, THEREFORE, THE.CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN that City of Auburn Ordinance No. 6263, and its Ordinance No. 6327 August 30, 2010. Pago 1 of 32 various Sections, are amended -to reflect the revised effective dates, extending and delaying said dates by six (6) months, as follows: Section 1l. Amendment to City Code. That, from the effective date of this Ordinance, through 15, . March 15,_2.011, Section 18.56.010-of the Auburn City Code be and the same hereby is amended to read as follows: 18.56.010 - Intent. The.overall purpose of this chapter is to enhance and maintain the aesthetic character, to promote the public health, safety and general, welfare, and, to increase the effectiveness of visual communication in the city. This chapter is also intended to avoid visual clutter that may adversely impact traffic and. pedestrian safety, or be adverse to property values,. business opportunities and the city's appearance and to prevent and abate public nuisances. The purpose, of this chapter is implemented by controlling-the construction, location, use and maintenance of all . signs and sign structures. It is also the intent of this chapter to afford noncommercial speech the same or greater protection afforded commercial speech and to not. regulate noncommercial speech to a stricter standard than commercial, speech. This chapter d Ord, 4773 § 1, 1995; Ord. 4229 § 2, 1987) Ord. 5993 § 1-, 2006; Section 2. Amendment to City Code. That, effective Abe 1F, 2 March 16, 2011, Section 18.56.010 of the Auburn City Code be and the same hereby.is amended to read as follows: 18.56.010 Intent. The overall purpose of this chapter is to enhance and maintain the aesthetic character, to promote the public health; safety -and general welfare, and to increase the effectiveness of 'visual. corirtmunication in the city. This chapter -is also intended to avoid visual clutter that may adversely impact traffic and pedestrian safety, or be adverse,to property values, business opportunities Ordinance No. 6327 August 30, 2010 Page 2 of 32 and the city's appearance. and to prevent and abate public nuisances. The, purpose of this chapter is implemented by controlling the construction, location, use and maintenance of all signs and sign siructUres: It is also the intent of this chapter 'to afford noncommercial speech the same. or greater protection afforded commercial, speech and to not regulate noncommercial speech to a,stricter standard than commercial speech: size, leGation . (Ord.. 6263 -4.2. 2009, Ord. 5993 § 1, 2006; Ord. 4773 § 1, 1995;. Ord. 4229 § 2, 1987.) . Section 3. Amendment to Ci Code. That, from the effective date of this Ordinance, through SeptembeF March 15, 2011, Section 18.56.020 of the Auburn City•Code be and the same hereby is amended to read as follows: 18.56.020 Definitions. The following definitions are specific to this chapter and are to be used only for the implementation of this chapter: A. "Animated sign", means any sign that flashes or simulates motion with an electronic, or manufactured source of supply or contains wind-actuated motion (except for flags and banners). An animated sign, -may also be- a sign that meets the definition of "changing message center" or "revolving sign." B. "Banner" means a temporary sign' constructed of fabric, vinyl, or other durable material; which - is not the primary identification for the organization, event or product advertised; and which is primarily promotional in nature. C. "Billboard" means a large outdoor advertising sign containing a message, commercial or otherwise, unrelated to the use or activity on the property on which the sign i5 located and/or to any use or activity in `the immediate area (such as is the case with an off-premises sign) and which is customarily leased for commercial purposes. The approximate sizes of the billboard faces range from 12 to 14 feet in height and 24 to 48 feet in width. D. "Changing message center" means an electronically controlled message center that displays different copy changes on the same lamp bank E. "Directional sign" means a sign which is located to guide or direct pedestrian or Vehicular traffic to parking entrances, exits, and Ordinance No. 5327 August 30, 2010 Page 3 of 32 service areas, and may- not exceed six square ;feet in area or 10 feet in height. For projects- that have parking lots in excess of 500 .spaces., the sign area may be 10 square feet -and the sign height 15 feet. F. "Double-faced. sign" means a sign with two faces, G. "Electrical sign" means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper. H. "Facade" means the entire building front, or street wall face, including grade to the top of the parapet or eaves, and the entire width of the building'e'levation. I. "Flashing sign" means an electrical sign or a portion thereof which changes light intensity in a sudden transitory burst, or which switches on and off ih a constant pattern in which more than one- third of the nonconstant light source is off at any one time. J. "Freestanding sign" means a sign that meets the definition of "ground sign" (also commonly referred to as a `monument sign), or "pole sign." Signs'attached to fences or other structures that are not defined as-buildings will be considered freestanding signs. K. "Frontage" means the measurement, in 'linear feet, of the length of the property line for a single-tenant building or'length of leased building frontage for multitenant buildings or multibuilding complexes. L. ' "Grade" means the relative existing ground level in the immediate vicinity.of the sign. M: "Ground sign" means a sign attached to the ground and supported by the ground or a built-up landscaped area such that the sign appears solid with the ground. The height of a ground sign shall be, measured from the surrounding grade. Also commonly referred to as a monument sign. N. "Identification sign" means a sign containing the name of the business establishment, occupant of the building or tenant space and/or address of*the*premises. 0. "Incidental s'ign" `means a sign that is generally informational and of a noncommercial. nature intended . primarily for the convenience of the public and having a maximum area of two square feet. Incidental signs include, but are not limited to: signs designating restrooms, hours of operation, entrances and exits to .buildings and parking lots, help wanted, public telephones, etc. Also included are property control and warning signs such as "no trespassing," "no dumping," etc,, and plaques, tablets or inscriptions which are an integral part of a building. P. "Mansard roof' means a sloped roof or roof-like facade architecturally able to be treated as a building wall. Q. "Marquee" :means . a permanent - structure attached to, supported by, and projecting from a building and providing Ordinance No. 6327 August 30, 2014 Rage 4 of 32 protection from the weather elements, For the. purpose of this chapter, a freestanding, permanent' roof-like structure providing protection from the elements, such as a servic4 station gas pump canopy, will also be' considered a marquee. 'The term "marquee" also includes canopy. R. "Marquee sign" means any sign which forms part of or is' integrated into a marquee and which does not extend horizontally beyond the limits of such marquee. For the *purpose of this chapter, a marquee sign will be considered as a wall sign. S. "Median sign" means,a sign that is -placed within the median of a public street. T. "Multiple-building complex" means a group of commercial or industrial structures, developed as a group either simultaneously or in phases, with,more than one building per parcel. U. "Multiple-tenant building" means a single structure housing more than one retail business, office or commercial venture but not including residential apartment buildings, which share the same lot, access and/or parking facilities. V. "On-premises sign" means a sign which carries advertisements incidental to a lawful use of the premises on which it is located, including signs indicating the business transacted at, services rendered, goods sold or produced'an the premises, name of the person, .firm or corporation occupying the-premises. W. "Off-premises sign" -means any sign Which. advertises an establishment,. merchandise, service; goods, . or entertainment which is. sold, produced, and manufactured; or furnished at a place other. than . on the property on which said sign* is located. X. "Parapet" means a false front or wall-extension above the roofline. Y, "Perimeter` means a square or rectangle required to enclose the sign area. Z. "Portable. sign" means any -sign .made of any material, , including paper,' cardboard, wood or metal; which is capable. of being moved easily And is not permanently affixed to the ground, structure or building. This also includes sid6WAlk or sandwich.board signs, except those worn by a person. - AA. "Premises" means the real estate as a unit, which is involved by the sign or signs'mentioned in this chapter.. BB. "Projecting sign" means a sign which. is - attached to a structure or building wall in such a manner that the leading edge extends more than 16 inches beyond -the Surface of said structure or wall but does not extend more than five feet beyond the property line, extends no. riore than six inches above any roofline, and meets all standards 'for, ground clearance.. Signs that meet the definition of "marquee sign" or "suspended, sign" will not be considered a "projecting sign." Ordinance No. 6327 August 30, 2010 Page 5 of 32 CC. "Real estate sign" means. a -portable sign erected by the owner, or the owner's agent, advertising the real estate upon which the sign is located for rent, lease or sale. DD. "Revolving sign" means any sign that rotates or turns in motion by electrical or mechanical means in a circular pattern. EE. "'Roof sign" means a sign erected Upon-or above- a roof or parapet of a building or structure: Mansard roof signs shall be considered as wall signs. Roof'signs may not extend more than five feet in height above the roof. Fi=. "Sign" means any visual communication device, structure, or fixture which is visiblia from any right-of-way intended to aid a land use in .promoting -the sale-or identification of a product, good or service using graphics, symbols, or written copy. For the purpose of this chapter, a sign shall * not be considered to be, building or structural design. It shall be restricted solely to graphics, symbols, or written copy that is meant to be used in the aforementioned way. This: definition shall include inflatable signs, balloons or other similar, devices. GG. "Sign area" means: 1. The total area of a sign visible from any one viewpoint or direction, excluding ' the sign support structure, architectural embellishments, or framework-that contains, no written copy, and includes only one side of a double-faced sign. 2. lndiiAdual letter signs using a wall. as the backs round without added decoration or change in wall color shall be calculated by measuring the perimeter enclosing each letter. The combined total area of each individual letter shall be considered the total area of the sign.. 3. • Module signs consisting of more than one sign cabinet-shall be computed by adding together the total area of each module. 4. Perimeter of sign area shall be established by the smallest rectangle enclosing the extreme limits. of the letter module or advertising message being measured. HH. - "Sign height'-' means the vertical distance measured from the adjacent grade to the highest point of the sign. ll. "Sign structure" means any structure- that supports or is capable of supporting any sign as defined. in this chapter. A sign structure may be a single pole or may or may. not be an integral part of the building or structure. JJ. "Single-tenant building" rheaiis 'a commercial building or structure that contains one enterprise or occupant. Buildings within a multibuilding complex may not be considered a single-tenant building. KK. "Special. event signage" means_ temporary signs including posters, flags, penrian% and intiatabIe materials; which a.re not the primary identification for the' organization, event 'or product Ordinance No. 6327 August 30, 2010 Page 6 of 32 advertised; and which are primarily intended for YeFy short-term promotional periods. LL. "Suspended sign" means a sign that is attached to and suspended from a marquee or canopy, and subject to right-of-way and clearance regulations. MM. "Temporary sign""means any sign or advertising display constructed of wood, vinyl; cloth, canvas, light fabric, paper, cardboard,..or other light materials, with or without frames, intended to be displayed for a limited time only. This .definition shall include inflatable signs. NN: 'traffic hazard" means any sign- which does not meet city standards for clear zone or sight distance or which does not meet the requirements of the Americans.with Disabilities Act. 00. "Wall sign" means a sign attached or erected parallel to'and extending not-more than 16 inches from the facade of face of any building to which it-is attached and supported through its entire. length, with the exposed face of the sign parallel to the plane of sold .wall or facade. "Window signs" which do not meet the definition of a "temporary sign" shall be considered as wall signs. PP. "Window sign" means a sign located inside or affixed to windows of a building, whether temporary or: permanent, lighted or unlighted, which*may"be viewed from the exterior of the building. 2009, Ord. 6166 § 12008 1994; Ord. 4229 § 2,"1987.) Sectloh 4. Amendment to City Code. That, effective Septembe 16290-March 16 2011 Sectiori 18.56.020 of the.Auburn City Code be and the same hereby is amended to read. as.-follows: 18.56.020 Definitions. The following definitions are. specific to this chapter and are to be used only for the implerrmentation of-this chapter: A. "Animated sign" means any sign that flashes or simulates motion with an electronic or manufactured source of supply or Ordinance No. 6327 August 30, 2010' Page 7 of 32 contains wind-actuated motion (except for flags and banners). An animated sign may also be a sign that meets the definition of "changing message ceriter" or "revolving sign." B. "Banner" means a temporary sign- constructed of fabric, vinyl, or other durable, material; which is not the primary identification for the organization, event or product advertised; and which is primarily promotional in nature. C. "Billboard" means. a large outdoor advertising sign containing a message, commercial *or otherwise, unrelated to the. use or activity on the property on which the sign is located and/or to any use or activity in the immediate area (such as is the case with an off-premises sign) and which is customarily leased for commercial purposes. The approximate sizes of the billboard faces range from 12 to 14 feet in height and 24 to 48 feet in width. Q "Changing message center" means an electronically controlled message center that displays different copy changes on the same lamp bank, E. "Directional. sign" means a sign which is located to guide or direct pedestrian or vehicular traffic to parking entrances, exits, and service areas, and may not exceed six square feet in area or 10 feet in height. For projects that have parking lots in excess of 500 spaces, the sign area may be 10 square feet and the sign height 15 feet. F. "Double-faced sign" means a sign with-two faces. G. "Electrical sign"' means a sign - or sign -structure in which electrical wiring, connections, and/or fixtures are used as part of-the sign proper. H. "Facade" means the entire building front, or street wall face, including grade to the top of the parapet or eaves, and the entire width of the building elevation. 1. "Flashing sign" means an electrical sign or a portion thereof which changes light intensity in a sudden transitory burst, or which switches on and off 'in a constant pattern in which more than one- third of the nonconstant light source is off at any one time. J. "Freestanding sign" means a sign that meets the-definition of "ground sign" (also cotrirrionly referred to as a monument sign), or ''pole sign." Signs attached to fences or other- structures that are not defined as buildings will be considered freestanding signs. K. "Frontage" means -the measurement, 1.6 linear feet, of the length of the property line for a single-tenant building or length of leased building €(Ohtage' for multitenant buildings or multibuilding complexes. L. "Grade" means. the relative existing ground level in the immediate vicinity of the sign.- M "Ground sign" means a sign attached to the ground and supported by the ground or a buiit~up landscaped area such that ordinance No. 6327 August 30, 2010 .Page 8 of 32 the sign appears solid with the ground. The. height of a ground sign shall be measured from :the surrounding grade, Also commonly referred to as a monument sign. N: "Identification sign" means a sign containing the name of the business establishment; occupant of the building or tenant space and/or address of the premises. 0. "Incidental sign" means a sign that is generally informational and of a noncommercial nature intended primarily for the convenience of the public and having a maximum area of two square -feet. Incidental signs include, but are not limited to: signs designating restrooms, hours of operation, entrances and exits to buildings and parking lots, help-wanted, public telephones,,6tc. Also included' are property control and warning signs such as "no trespassing;" "no dumping," etc., and - plaques, tablets or inscriptions which are an integral part. of a building. P. "Mansard roof' means. a sloped roof or roof-like facade architecturally able to be treated as a building wall: Q, "Marquee" means, a pemnanent structure attached to, supported by, and projecting from a building and providing protection from the weather elements. For the purpose of this chapter, a freestanding, 'pprmanent - 'roodlike structure providing protection from the elem'ents', such as a service station gas pump canopy, will also be' considered a marquee. The term "marquee" also includes canopy, R. "Marquee sign" 'means any sign which forms part of or is integrated into a marquee and which does not extend horizontally beyond the limits of such marquee. For-the purpose of this chapter, a marquee sign will be considered as a wall sign. S. "Median sign" means,a sign that is placed within the medlan of a public street. T. "Multiple=building complex" means'a group of commercial or industrial structures, developed as a group either simultaneously or in phases; with more than one building per parcel. U. ' "Multiple-tenant building" means a single -structure housing more than one retail business, office or commercial venture but not lncluding.resldential apartrhpnt buildings, which share the same lot, access and/or parking fac,'illtles. V. "On-premises sign" means a sign. which carries advertisements incidental to a lawful use of the premises on which it is located, including signs. indicating the business transacted at, services rendered, goods sold or produced on the premises, name of the person, firm or corporation occupyirig the premises. W. "Off-premises sign" means any sign which advertises an establishment, merchandise, seivice, goods, or entertainment which is sold; produced, and manufactured, or furnished at a place other than on the property on which said sign.is located. Ordinance No. 6327 August.30, 2010 Page 9 of-32 X. "Parapet" means a false front..or wall extension above the roofline. Y.- "Perimeter" means a square or rectangle required to enclose the sign area. Z. "Portable sign" means any sign made of any material, r - metal; which is capable of including paper, cardboard, wood or-metal,' being moved easily and is not permanently affixed to the ground, structure or building. This also includes sidewalk or sandwich board signs, except those worn by a person. , AA. "Premises" means the real estate as a unit, which is involved by the sign or signs mentioned in this chapter: BB. "Projecting sign means a sign which is attached to a structure or building wall in, such a manner that the leading edge extends more thary Winches beyond -the surface of said structure or wall but does not extend more than five feet beyond the property fine, extends no..more than six inches above any roofline, and meets all standards for ground clearance. Signs that-Meet the definition of "marquee sign" or "suspended sign" will not be considered a "projecting sign.." CC. "Real estate' sign" Means a portable sign erected by the owner, or the owner's agent, advertising the real. estate upon which the sign is located for rent, lease or sale. DD. "Revolving sign" means any' sign that rotates or turns in motion by electrical.ormechanical means in a circular pattern. EE. "Roof sign" means -a sign erected upon or above a roof or parapet of a building or, structure. Mansard roof signs shall be considered as wall signs. Roof signs may not extend more than five feet in'beight above the roof. FF. "Sign" means ahy visual communication device, structure, or fixture which is visible from any right-vf=way intended to aid a land use in promoting the sale or identification of a. product, good or service using graphics, symbols, or written copy. For the purpose of this chapter, a sign shall not be considered to be building or structural design. It shall be restricted "solely to graphics, symbols, or written copy that itlnaont to be used in the aforementioned way. This definition shall include inflatable signs, balloons or other similar devices. GG, "Sign area" means. 1. The total area of a sign visible from any one viewpoint or direction, * excluding ' the sign support structure, architectural embellishments, or framework that contains no written copy, and includes only one side of a double-faced sigh. 2. Individual letter'signs using a wall as the background without added decoration or change in wall color shall be calculated by measuring the perimeter enclosing each letter.. The combined total Ordinance No. 6327 August 30, 2010 Page 10 of 32. area of each individual letter shall be considered the total area of the sign. 3. 'Module signs consisting of more than one sign cabinet shall* be computed by adding together the total area of each module. 4. Perimeter of sign area shall be established by the smallest rectangle' enclosing the extreme limits of the letter module or advertising message being measured. HH. "Sign height"-means the vertical distance measured from the adjacent grade to the highest point of'the sign. 11. "Sigh structure" means any structure that supports or is capable of supporting. any. sign as defined in this chapter. A sign structure may be a -single pole or may or may not be an integral part of the building or structure. JJ. "Single-tenant, building"' means a commercial building or structure that contains one.'enterprise or occupant. Buildings within a multibuilding complex may not be considered a single-tenant building. KK. "Special event signage" means temporary signs including posters; flags, pehnan- ts, and.. inflatable materials; which are not the primary identification for . e organization, event or product rt-term sho advertised; and.which are primarily intended for M pr promotional periods: LL. "Suspended sign" means a sign, that is attached to and suspended from a marquee or. canopy, arid- subjeot to right-of-way, and clearance regulations. MM. "Temporary sign" means any sign or advertising display constructed of wood, vinyl, cloth, canvas, . light fabric, paper, cardboard, or other light-'materials; with or wlthbut frames, intended to be displayed for- a'] imited time only. This definition shall include inflatable signs. NN. "Traffic hazard" means any sign which does not meet city standards for clear zone or sight distance or which does not meet the requirements of the Americans with .Disabllities Act. 00. "Wall sign" means a sign attached of erected parallel to 'and extending not more than 16 inches from the facade or face of any building to which it is attached and supported through its entire length, with the exposed face of the sign parallel to the plane of said wall or facade. "Window - signs" which do not meet the definition of a "temporary sign" shall be,considered as wall signs. PP. "Window sigh" means a sign located. inside or affixed to windows of a building, whether temporary or 'permanent, lighted or unlighted, which may be viewed from the exterior. of the building. QQ. „ N means -a-WFIO Sigh With ffiRted Ordinance No. 6327 August 30, 2010 Page 11 of 32 FnffGhandisei Wsens to an establishment, PFqdUGed, and , . (Ord. 6263 4 4. 2009, Ord. 6166 § 1, 2008; Ord. 5993 § 1, 2006; Ord. 4705 §.2, 1994; Ord. 4229 § 2, 1987.) Section 5. Amendment to. City Code. That, from the effective date of this Ordinance, through March 15, 2011, -Section 18.56.030 of the Auburn 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 6Wner's -permission, on which may be listed, institutionaf names, service clubs or organizations or points of interest or similar public information,. Righto-of way use permits may be required for signs located in the public right-of=way. 'except as as applicable: a. -Use-of b-----The area of anji single: sign shall not exceed 30 square feet; b. Special event si its a6 authorized herein shall not have. the following. Ordinance No, 6327. August 30, 2010 Page 12 of 32 B. - Temporary Signs.' 1. Until _March 16; 2011. Especial event signage may be. allowed . min the RO, RO-H. them incluaing but-not limitea to,tiags or.-Pennants or oaiioons or windsocks attached to them provided that they do not at any time. constitute a traffic safety or pedestrian safety hazard. jest to following: a. given timw, b. Use df suGh signs is limited to 90 GOMeGufive days, aRd may not exreed 90 days in any-!~P-day 1 e:-,The area of any single banner used by a single business on a site shall not exceed 32 420 square fee#,_provided that banners cross'ina roadwavs as apbroved by the City shall not exceed 120 square feet._; Ordinance No. 6327 August 30,.2010 Page 13 of 32 Vfl " a(l Vlflt;f PJFUPMILV IItIb - IMM11VGU ___121JUI - Pit UPrI Lx Um lap authorizatibn. 2. Until September 16-, 209 0 Abann..ers may be -allowed in the Rn R5--H_ CN- C,1- C-2. C-3. DUG. BP. LF. W4. M-2. EP and the aFe intended to be viewed*em the Aght ef way shall not e)(eeed 50 4. PeFmit6 are not fequked, except that Dding the C. Civic Events. Street. banners may be permitted subject to approval and installation -in accordance with rules and- procedures established by the city of Auburn public works department., D. Sign Lighting Provisions. 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 --illumihatiori 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 ~iricandescent lamp. With a metallic reflector, C. Any exposed, incandescent lamp with an external reflector, d. Any revolving beacon light, e. Any continuous or Sequential flashing operation, except as allowed for changing message center signs in subsection .F of this section; 2. The provisloris of subsection (D)(1) of this section shall not apply to: a. .Lighting. systems owned for the purpose of directing highway -or street illumination, b. Aircraft warning lights. or controlled-by any public agency or- controlling navigation, traffic, or Ordinance No. 8327 August X. 2010 Page 14 of'32 E. Construction Provisions, Sight Distance, Exposed Angle Iron and Wire. 1. Each sign. shall be adequately constructed in accordance with the requirements of the International Building Codes, as amended; 2. Signs containing- electrical circuitry shall meet the requirements of the.National' Electrical Code and all state laws, and shall include an approved testing lab sticker; 3. Signs must =meet vehicular sight distance requirements established by the city engineer pursuant-t the City of-Auburn En lneeriti Desi n Standards; 4. When a projecting sign is used, no Angie irons, guy wires or braces shall be visible, except those that are an integral part of the overall design, such. as. decorative metals or woods, or unless they are required for safety. F. Changing Message Center Signs. Where permitted under this chapter; changing message center signs shall comply with the following requirements; provided, that changing message center signs that only display time and temperature or-similar public service information shall be exempt from these requirements. 1. -Where Allowed. Changing message . center signs. shall only be allowed in the 1, P-1, 0-1, C-2, DUC, C=3, M-1 and M-2 zones. a. In the I and G=1 zories, changing message center signs shall only be allowed on frontages along. a collector, minor or principal arterial street. 'b. . In, the I zone, no changing message center sign shall operate between the hours of 10:00 p.m. and 6:00 a.m. C. In the DUC zone, changing message center signs shall only be allowed when located adjacent and oriented to -Auburn Way North/Auburn Way South- street frontages. (For other sign standards for the DUG zone, see ACC 18.29:060(1)). 2. Number. Na 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 76 percent of a sign's total sign face area. 4. Display. a. The display. 6f the*sign shall ndt change more rapidly than once every one and orie-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. Ordinance No. 6327 August 30, 2010 Page 15 of 32 b. At no time shall a. changing message center sign be operated at a brightness level greater than the manufacturer's recommended levels. c. All lighting shall be arranged to reflect away from any residential zone. The director shall have the authority to require a sign permit application -include information to ensure the intent of this requirement is met: d. The brightness level shall not exceed 8,000 nits when measured from the sign's face. at -its maximum brightness during daylight. hours and 500 nits when measured from the sign's face at its maximum brightness between dusk and dawn. 6. On-Premises Advertising Only. - Changing message center signs shall only advertise on-premises products and services, or display public service messages or messages on.behalf of not-for- profit organizations. Additional Requirements. A copy of the manufacturer's operating manual shall be-provided to the city upon request. 8. Amortization. All changing message center.signs that do not comply with the. requirements of subsections (r)(4) and. (5) of this section shall be brought into compliance with those requirements by April 1, 2009. G. Change of Copy. The holder of a permit, for the duration thereof, shall have the right to change. the advertising copy on the structure or sign..for which the permit was issued without being required to pay any additional fees. H. Exemptions. Unless otherwise, specified -or unless expressly prohibited, it is not the intent of this chapter to regulate the following signs,- 1. The flag of a government or noncommercial institutions such as schools, with the poles.treated as structures; 2. Official public notices, official court notices; 3. Incidental signs (see ACC 18.56.020(0), Definitions); 4. Signs not vWlile-from public right-of-way; 5.. Lettering- or symbols painted directly onto or flush-mounted magnetically onto an*opeMble vehicle; 6. Painting, repainting, cleaning, repairing, and other normal maintenance unless structural or electrical changes are made; Religious symbols not attached to a permitted sigh; 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; Ordinance No. 6327 August 30, 2010 Page 16 of 32 _71 ESP- 10. Sculptures, fountains, mosaics, and design features which do not incorporate advertising or identifcatian; 11: Temporary signs limited exclusively to . noncommercial speech. Ordinance No. 6327 August 30, 2010 Page 17 of 32 permit authorisation from the City and compliance with'the following as applicable: or at a driveway intersection with a public. or private street, of four 4 signs at an iven time. arkin s aces.oh.a develo ment.site. 6. Portable si ns as authorized herein shall not have the following: a. Illumination of any. kind b. Strobin .or blinking or flashing ri c. Electridal ahimation Ordinance No. 6327 August 30, 2010 Page 18 of 32 a. Illumination of.any kind does not impede sight distance and that off-site .placement: on a K, * Prohibited Signs.' From and after the effective date of the ordinance codified in this chapter it shall*be unlawful for any person to erect or place within the city, except as otherwise authorized: 1. A swinging projecting sign; 2. Portable signs, except as permitted by ACC 18.56.425 (Real estate signs),--attd 'ACC 18.56.040(E) (C-2 District) and ACC 18.56.630.1 subsections 1 through 10; 3, Banners, pennarits,.ribbons, streamers, spinners, rotating or blinking lights, strings of lights, or similar devices, except as permitted by subsection B of this section (Temporary Signs); 4. Flashing signs, except as permitted-in subsection D of this section (Sign Lighting Provisions); 5. Changing message-center signs, except as allowed in the I, P-1, C-1, C-2, C-3, M-1 and M-2 zones; 6. Signs attached td., or placed. on, a vehicle or trailer parked on private or public property that is not associated with the business advertised on'said sign(s). This provision-is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle used in the normal course of business. This does not include automobile 'for sale signs or signs attached to franchised buses or taxis; Ordinance No. 6327 August 30, 2010 Page 19 of 32 including but not limited to -flags or pennants or balloons_ or laced in the public ri hts-of=wa provided that placement in the 4. . Off-premises directional. -si ns may be authorized to be placed in on-site. landscape area, or off-site on another... private Private signs placed 'in.or on a public right-of--way, except for as expressly permitted by this chapter; - . B. Any sign which constitutes a traffic hazard or detriment to traffic safety by reason of ifs size, location, movement, coloring, or method of illumination, or by obstructing the vision of drivers, or detracting from the visibility-of any official traffic control device by diverting or tending to divert the attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected .so that it obstructs 'the vision of pedestrians by- glare or method of illumination or constitutes a hazard to traffic. No sign .may use words, phrases, symbols or characters in such a manner as to•-interfere with, mislead, or confuse traffic; 9. Any sign or advertising structure or supporting structure that is torn, damaged, defaced or destroyed; 10. Signs attached -to poles installed by governmental agencies, utility poles, trees, rooks or other natural features; 11. Signs attached to benches, garbage cans, or other street furniture located within the public right-of-way; 12. Rotating signs; 13. Billboards; 14. Any sign which does not sttucturally or materially conform to the requirements of the city's adopted International Building Code. JL. 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 :sh.all 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 haying 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. KM. Master Sign Plans Authorized. The planning, building and community director has the authority to require a master sign plan Ordinance No, 8327 August 30, 2010 Page 20 of 32 to ensure a consistent and coordinated signage scheme for development proposals: In approving master sign plans under the provisions of this - subsection; the director hag. the authority to approve sigriage schemes that allow for signs greater in area and height than allowed in tine"particular zone in which the development is located when a coordinated signage scheme is used. Master. signage plans shall be recorded. (Ord.. 6263 5. 2009, _Qrd'. 6166 § 2, 2008; Or 5993 § 1,:2006; Ord. 5342 § 2, 2000; Ord. 4705 § 2, 1994; Ord. 4229 § 2; 1967.) Section 6. Amendment to Ci Code. That, effective 16, 2 90-March 16,201 1,Section 18.56.030 of the Auburn 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, eXsept . , ACC 8. Temporary -Signs'. 1. Special event signage may be allowed subiect to.the followin : ;,nrth~ GN, G 1, G 2, a. Use of such si na e.Js limited to 10..da s. Per display, not to b. The 0§6of any single sign shall not exceed 30 square feet; €elieg: _ " . herein Ordinance No. 5327 August 30, 2010 Page 21 of 32 W, Changea!ble - [ . rVicall h--,- atta0ed hts blir r4 6d in *the l b I-ed F on ake of way g . pp ao e p to authelm- - the Ameriean with Disabilities-AGt. 9. Flag and pennant ' special ent signage may be autheNzed . autherizatien. 2. ' Until SepteF40F 165,4010 Banners may be allowed the t i. e 1 , ! DUG, 43P, . 7 ! 1 F=P and and the Phd'Hills SGUth-,- subject to obta+nmefit-e# "Mth4he following: a. No more than two such signs maV be used per site ate -given time; _ • _..a_. J_.... _-A c. The area 61 4- single banner used by-a single business on a site shall not exceed 32. square feet; Ordinance No. 6327 August 30, 2010 Page 22 of 32 z l3annefe, -may have r:,pjRRInq, elenwnts-attaohed- to them on Geofb"anre "to t~e One does not Aet-. h. Banne- may be all'thWize.d to be laGed An nn -rE- -%f land that C. Civic Events.. Street banners may. be permitted subject to approval and installation in accordance with rules and procedures established by the city bof Auburn 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 'use'd.' for vehicular traffic which system contains or utilizes: a. Any exposed .'incandescent lamp with wattage in excess of 25 watts, b. Any exposed incandescent lamp with a metallic reflector, c. Any exposed -incandescent lamp with an external reflector, d. Any revolving beacon light, e. Any continuous or sequential flashing operation, except as allowed for changing msssage-center sighs in'subsection F of this section; 2. The provisions of subsection (D)(1) of this section shall not apply to: ordinance No. 6327 August 30, 2010 Page 23,of 32 a. Lighting systems owned or controlled by any public agency for the purpose of direc#ing or controlling navigation, traffic, or highway or street illumination, b. Aircraft warning lights. E. -Construction Provisions, Sight Distance, Exposed Angle Iron and Wire. 1. Each. sign, shall be-adequately constructed in accordance with the requirements of the International Building Codes, as amended; 2. Signs containing electrical circuitry shall meet the require.inents of the ;National Electrical Code. and all state laws, and shall include an approved testing lab sticker; 3. Signs must "meet vehicular sight distance requirements' established by the city engineer pursuant to the City of Auburn Engineering Design Standards; 4. When a projecting sign is used, no angle irons, guy wires or braces shall be visible, except those-that are an integral part of the overall design, such as decorative metals or woods, or unless they are required for safety. F. Changing Message Center Signs. Where permitted :under this chapter, changing message center signs Shall comply with the following requirements; provided, that changing message. center signs that only display time and temperature or similar public service Information. shall be exempt from these requirements.. 1, Where Allowed. Changing message center signs shall.only be allowed in the I, P=1, C-1, C-2, DUG, 0-3, M-1, and M-2 zones. a. In the I and C-1 zones, changing message center signs shall only be allowed. on frontages along. a. collector, minor or principal arterial street. b. In the I zone, no- changing message center sign shall operate between the hours of 10:00 p.m, and 6;00 a.m. C. . In the DUC zone, changing message center signs shall only be allowed when located adjacent and oriented to Auburn Way North/Auburn - Way. South street frontages. (For other sign standards for the DUG zone, see ACC 18.29.060(1)). 2. Number. No more than, one changing message center sign per street frontage-'shall be. perritted 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'stotal 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-thin five seconds to be displayed. 0 its entirety. 5. Light Levels. ordinance No. 6327 August 30, 2010 Page 24 of 32 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 tho sign based on ambient light conditions. b. At no time -shall a ,changing message center sign be operated at a brightness level -greater-than, the manufacturer's recommended levels: c. All lighting shall be arranged to reflect away from any residential zone. The director shall have the authority to require a sign permit _applicaflon include information to ensure the intent of this requirement is met. d. The brightness level shall not. exceed 8,000 nits when measured from the sign's face at its maximum brightness during daylight hours and 500 nits when measured from the sign's face at its maximum brightness between dusk and dawn. 6, On-Premises Advertising Only., Changing message center signs shall only advertise on-premises products and services, or display public service messages or messages on, behalf of not-for- profit organizations. . Additional Requirements. A copy of the manufacturer's operating manual shall be provided to the city upon request. 8. Amortization. All changing message center signs that do not comply with the requirements of subsections (F)(4) and-(v) 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. Uriless.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 publlc notices; official court notices; 3. Incidental sigrls.'(see ACC 18.56.020(0), Definitions); 4. Signs not visible from public right-of-:way, 5. Lettering or symbols painted directly onto or flush-mounted magnetically onto an operable vehicle; 6. Painting, repainting, cleaning, repairing, and other normal maintenance unless structural or.electrical changes are made; 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; Ordinance No. 6327 August 30, 2010 Page 25 of 32 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 publid 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 Septembef 46, 2010, pe4able.rsigns shall be allowed building complex ~14911 be knited to a maxi~num of one (1) portable WIG OF jDFiVat04tfeet6 shall be maintained at--a44mw&.- Ordinance No. 6327 August 30, 2010 Page 26 of 32 MOM Site. b. -St P- flashing HW6 *t9 h S. 064able-rolps ;3. Wee n op !he aame r-,-+- shall be .,allowed to kim in OF S-6iF-l'.G9__Mtv -Rot pipped withill oehide travel 1 destria- shall be 1 1 .1 1• 1 1 DUG, Bilf 1 1 1 1 and the pen rem;ideiWal.osed prepeFtle6 ;R thO Ordinance No. 6327 August 30, 2©10 Page 27 of 32 f em-C we that plar o s the Amedcan with i aVeR - d I A7 al s 4. Off pFeM Fe ea - a~d K4: Prohibited Signs. From and after the effective date of the ordinance codified in. this chapter it shall be unlawful for any person to erect or place within the city, except as otherwise authorized: 1. A swinging projecting sign; 2. Portable signs, -.except as permitted by ACC 18.58.025 (Real estate signsy, and ACC 18.56.040(E) (C-2 District) and AGC 48.56,030 U.Fough 10, 3. Banners, pennants, ribbons, streamer's, 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 Provislons); 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; Ordinance No. 5327 August 3% 2010 Page 28 of 32 6. Signs attached to, or placed on, a vehicle or trailer parked on private or public property that is not associated with the business advertised on said sign(s). This provision is not to be construed as prohibiting the Identification of a firm or its principal products on. a vehicle used. in the normal course of business. This does not include automobile for sale signs or signs attached to franchised buses or taxis; Private signs placed- in or on a public right-of-way, except for as expressly permitted by this chapter; 8. Any sign which constitutes a traffic hazard. or .detriment to traffic safety by reason of its size, location, movement, coloring, or . .method of illumination, or by obstructing the vision of drivers, or detracting from the visibility of any official traffic control device by diverting 'or tending to divert the attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access facilities. No sign shall be, erected so that it obstructs the vision of pedestrians by glare or. method of.- illumination or constitutes a hazard to traffic. No sign may use words, phrases, symbols or characters in -such a manner as to interfere with, mislead, or confuse traffic; 9. Any sign or advertising structure or 'supporting structure that is torn, damaged; defaced or destroyed; 10. Signs . attached to poles installed . by governmental agencies, utility poles, frees, rocks or other natural features; 11. Signs attached to benches, garbage cans, or other street furniture located within the public right-of-way; 12. Rotating signs; 13. Billboards; 14. Any-sign which does not structurally or materially conform to the requirements of the city's' adopted International Building Code. JL Nonconforming Signs. Permanent slgns established legally prior to the adoption of the ordinance codified in this chapter.that do not conform b 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). 1 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. Ordinance No. 6327 August 30, 2010 Page 29 of 32 4. Any sign, includingthe 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. KM. -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-schornes that allow for signs greater in-area -and height than allowed in the particular- .zone in which the development-16, located when a coordinated ,signage scheme is used. Master signage plans shall be recorded. LAN. Maintenance and Safety. All permanent,. temporary:. and portable signs and components thereof must be maintained in good repair - arid: in a safe, neat, clean and ' attractive condition. Failure to maintain a sign(s) in accordance with this sribsection shall be subject-to the code compliance provisions'of the Auburn. City Code. (Oro. 6263 § 6, 2009, Ord. 6166-§ 2, 2008; Ord. 5993 § 1.; 2006; Otd. 5342 § 2, 2000; Ord. 4745 § 2, 1994; Ord. 4229 § 2, 1987.) Section Extension of Time. In its. deliberations on the text of this ordinance, the City of Auburn Planning Commission considered and recommended to the,. City Council that the Council consider up to two six month extensions of the provisions of this Ordinance, 'should economic conditions warrant, such extensions. The Planning Commission acknowledged that the extension of time is procedural.' and that-no further Plarning Commission action is required before City Council enactment of such extensions. The only changes in the text of this Ordinance from lho text of Ordinance No.6263 are the changes in the effective dates set forth therein: Any other changes reflected in the language hereof are changes included.jn said Ordinance No. 6263.. Ordinance No. 6327 August So, 20'i0 Page 30 of 32 Section 8. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. .Section 9. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence,. paragraph, subdivision, section or portion of this ordinance, orlhe invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 10. Effective date. This Ordinance, amending the effective dates of Ordinance No.. 6263, shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: SEP 2010 PASSED: SEP ' 2010 APPROVED: ' SEP 2010 D 7 BURN J PETER B.. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk Ordinance No. 6327 August 30, 2010 Page 31 of 32 APP v o -o barbel B, Hey , ity Attorney Published: _-<:7-~VAC Z-0.X0- Ordinance No. 6327 August 3O, 2090 - Page 32 of 32