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ORD 05-504 CITY OF FEDERAL WAY ORDINANCE NO. 05-504 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE XVIlI, "SIGNS," ADDING PROVISIONS FOR A FREEWAY PROFILE CATEGORY SIGN (AMENDING ORnlNANCE NO'S. 90-43,91-113,92-135,92-144,95-235,96-270,97-307, 99-342, 99-348, 99-357, 01- 398, 05-486) WIIEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, whieh significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that amending Federal Way City Code (FWCC) Chapter 22, Article XVIII, "Signs," meets the intent of Chapter 36.70A RCW, Growth Management; WIIEREAS, the City of Federal Way finds that these code amendments will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on April 20, 2005, June I, 2005, and July 25, 2005, and forwarded a recommendation of approval to the City Council with the exception of no recommendation on the maxinlum size of signs where they are unregulated by the State; WIH\REAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on September 6, 2005, following which it made a motion to send the proposed code amendments to the City Council without a recommendation in order to continue discussion hy the full Council on September 20, 2005; WIIFREAS, the Federal Way City Council considered these code amendments on September 20, 2005, following which it made a motion to adopt the code amendments as recommended by the Planning Commission with one additional amendment to allow a maximum area of 300 square foot area per sign face Ord No_ 05 - 504, Page I for signs, which are located 50 feet or less from an advertised activity or are otherwise unregulated by the State; WHEREAS, the City Council tinds that the code amendments to adopt regulations for signs adjacent to 1-5 within the City Center Core (CC-C) and Community Business (BC) zoncs arc consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promotc the health, safety, and welfare of the general publie. Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES IU,;Rr\BY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will proteet and will not advcrscly affect the public health, safety, or wclfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption ofthe proposed amendlnents: 1. The proposed FWCC text amendments arc consistent with, and substantially implement, the Federal Way Comprehensive Plan (FWCP) goal to encourage success of businesses in Federal Way by attracting the regional customer passing through the area by freeway. Limiting the number of signs, size of signs, and types of signs permitted along 1-5 is consistent with the FWCP goal to improve the appearance and function ofthe built environment. 2. The proposed FWCC text amendments bear a relationship to the public health, safety, and welfarc because they providc an opportunity for local businesses to increase their business through advertising to regional customers. Freeway profile signs will attract business into the City that may not be attracted otherwise. This adds to the tax base ofthe City, which provides City resources to its citizens. And 3. The proposed FWCC text amendments are in the best interest of the residents of the City because they may foster additional business while limiting the number of signs, location, and type to minimize visual impact. Section 3. Amendment. FWCC Chapter 22, Article XVIII, "Signs," is amended as set forth in the attached Exhibit A. Ord No. 05 - 504, Page 2 Section 4. Severability. The provisions of this ordinance are deelared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, seetion, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or cireumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shan be effective five (5) days after passage and publication as provided by law. PASSED by the City Couneil of the City of Federal Way at a regular meeting of the City Couneil on the 4th day of October ,2005. qj.ov... D: "/7-.~ .tI . Y' I v;/' Mayt;: M~lg! "- on Suzaka AP~;FORM · ~-<T ,~ .. --c::::.. City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: 10/4/05 PASSED BY THE CITY COUNCIL: 10/4/05 PUBLISHED: 10/8/05 EFFECTIVE DATE: 10/13 / 05 ORDINANCE No: 05-504 1;\2005 Code Amendments\Freeway Commercial Signs\City Council\2nd Reading\100405 Adoption Ordinance.doc Ord No. 05 -_504 . Page 3 EXHIBIT A Federal Way City Code Chapter 22. Article XVIII. SIGNS Sections: 22-1596 Purpose. 22-1597 Definitions. 22-1598 Scope. 22-1599 Permits. 22-1600 Prohibited signs. 22-1601 Signs in nonresidential zoning districts. 22-1602 Construction standards. 22-1603 Variance from sign code. 22-1604 Compliance and enforcement. 22-1605 Reserved - Comprehensive design plan. 22-1606 - 22-1629 Reserved. 22-1597 Definitions. The following words, tcrms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (I) Abandoned sign means any sign remaining in place after a sign has not been maintained for a period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180 consecutive days. (2) Administrator means the director of community development or his/her designated representative. (3) Advertised activitv for Freeway Profile Signs. for the purpose of measuring from the advertised activity for an individual business, the distance shall be measured from the sign to the nearest portion ofthat building, storage, or other strueture or processing area which is the most regularly used and essential to the conduct of the activity. and for a center identification sign. which identifies businesses within a multi-tenant complex, the distance shaH be measurcd from the sign to the nearest portion of the combined parking area of the subiect property. fJ1 G}Animated or moving sign means any sign that uses movement, by (lither natural or mcchanieal means, or chaNge of lighting, cithcr natural or artificial, to dcpiot actinn to create a special effect or seeNe. or the appearance of movement of a sign display through the use of patterns of lights, changes in color or light intensity, computerized special effects. video display. or through anv other method chasing or scintillating lights. fluttering or moving lights, lights with stroboscopie effect, or containing elements creating sound or smell: except for the scrolling of a static message. sccne, or color onto or off a sign board in one direction per message. 1:\2005 Codc ^mendments\Frccway Commercial Signs\Cily Council\2nd Rcading\Ddinitionsdoc <<)2004 Code Publishing Co. Page 1 Federal Way City Code Chapter 22. Article XVIII. SIGNS 22-1601 Signs in nonresidential zoning districts. (a) Freestanding signs. Permit applications for freestanding signs shall be designated as qualifying for a high profile, medium profile or low profile sign, based upon criteria regarding both the size and zoning designation of the development. The sign profile designation shall eontrol the sign types, sign height, sign area and number of signs allowed. In addition to the catel?:ories available in FWCC 22-160 l( a) (1) and (2). a subiect property may be permitted an additional freestanding sign if it meets the criteria contained in FWCC 22-1601(a)(4). Separate parcels or pads for single-tenant buildings that comply with all zoning requirements for single-tenant parcels, excluding access, and are not otherwise tied to an adjacent multi-tenant center by virtue of architectural style or theme, are permitted one freestanding monument or pedestal sign not to exceed a maximum sign area of 80 square feet for the total of all sign faees with no one sign face exceeding 40 square feet. (1) High profile sign. a. Criteria. A subject property meeting all of the following criteria is permitted a high profile freestanding sign: 1. A minimum of 250 feet of frontage on one public right-of-way; 2. A zoning designation of city center core (CC-C) or city center frame (CC-F), or community business (BC); 3. A multiuse complex; and 4. A minimum site of 15 acres in size. b. Sign types. The following sign types are allowed for a high profile sign: 1. Pylon or pole signs; provided, however, that any pylon or pole sign must have more than one pole or structural support; 2. Pedestal signs; 3. Monument signs; 4. Tenant directory signs; and 5. Kiosks. Sign content for any pylon or pole sign, or for any pedestal or monument sign in lieu of a pylon or pole sign, may include electronic changeable messages, center identification signs and/or changeable copy signs. Any high profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. c. Sign height. A high profile sign shall not exceed the following maximum heights: I. Pylon or pole sign: Twenty-five feet; 2. Pedestal or monument signs: Twelve feet if in lieu of a pylon or pole sign. Otherwise, pedestal and monument signs shall not exceed five feet; 3. Tenant directory or kiosk signs: Six feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be 10 feet. d. Sign area. A high profile sign shall not exceed the following maximum sign areas: 1. Pylon or pole sign: 400 square feet for the total of sign faces with no one sign face exceeding 200 square feet; 2. Pedestal or monument signs: 128 square feet for the total of all sign faces with no one faee exceeding 64 square feet; 3. Tenant directory or kiosk signs: 15 square feet per sign face. Federal Way City Code, Chapter 22, Article xvm, "Signs" Page I e. Number of signs. A subjeet property qualifying for a high profile sign may have the following maximum number of signs: 1. Pylon or pole sign: One sign unless the subject property has an additional 500 feet of street frontage for a total of 750 feet of aggregate frontage on any public rights-of-way, in which ease the subject property will be allowed one additional high profile sign, not to exceed a maximum of two sueh signs per subjeet property; 2. Pedestal or monument signs: If the pedestal or monument sign is in lieu of a pylon or pole sign, the number of signs allowed shall be determined pursuant to subsection (e)(1) of this section. ill addition, two monument signs which identify the name of any multiuse eomplex are allowed, per entrance from a public right-of-way, not to exceed five feet in height; and 3. Tenant direetory or kiosk signs: One sign per frontage on a public right-of-way. (2) Medium profile sign. a. Criteria. A subject property that does not qualify for a high profile sign pursuant to subsection (a)(l) of this section and is not a low profile sign by being zoned office park (OP) or professional office (PO) pursuant to subsection (a)(3) ofthis section is permitted a medium profile freestanding sign. b. Sign types. The following sign types are allowed for a medium profile sign: 1. Pedestal signs; and 2. Monument signs. Sign content for any medium profile sign may include electronic changeable messages, center identification signs and/or changeable copy signs. Any medium profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. c. Sign height. The height of a medium profile sign shall be calculated at the rate of 0.75 feet in the sign height for every 10 lineal feet of frontage on a public right~of~way; provided, however, that sign height shall be calculated at the rate of one and one-half feet in sign height for every 10 lineal feet of frontage on a publie right-of-way for any multi-tenant complex; and provided further, that such sign shall not exceed a maximum height of 12 feet and every applicant is entitled to a minimum height of five feet. d. Sign area. For any multi-tenant complex, sign area allowed for a medium profile signs shall be calculated at the rate of two square feet per lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of 128 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 64 square feet. For other uses, sign area allowed for medium profile sign shall be calculated at the rate of one square foot per 1 ineal foot of frontage on a publie right-of-way not to exceed a maximum sign area of 80 square feet for the total of all sign faces on each permitted sign with no one sign face exeeeding 40 square feet. Notwithstanding the foregoing sign area ealculations, every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet. e. Number of signs. A subject property qualifying for a medium profile sign may have one pedestal or monument sign for each street frontage. Each street frontage exceeding 300 linear feet and containing more than one vehicular access is permitted one additional freestanding sign. No subject property may contain more than three freestanding signs regardless of total linear street frontage and no one street frontage may have more than two freestanding signs. Freestanding signs shall be located a minimum distance of 200 feet from other freestanding signs on the same subject property. (3) Low profile sign. a. Criteria. A subject property located in the office park (OP) or professional office (PO) zone is permitted a low profile freestanding sign. b. Sign types. The following sign types are allowed for a low profile sign: 1. Pedestal signs; 2. Monument signs; and 3. Tenant directory signs. Federal Way City Code, Chapter 22, Article XVIII, "Signs" Page 2 Sign content for any pedestal or monument sign may include eenter identifieation signs and/or changeable copy signs. Any low profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. c. Sign height. A low profile sign shall not exceed the following maximum heights: 1. Pedestal or monument signs: Five feet. 2. Tenant directory signs: Six feet unless the sign is set back a minimum of 50 feet from any publie right-of-way, in which ease it may be 10 feet. d. Sign area. 1. Pedestal or monument signs: Sign area allowed for a low profile sign shall be calculated at the rate of one square foot per lineal foot of frontage on a public right-of-way; provided, however, that a low profile sign shall not exeeed a maximum sign area of 80 square feet for the total of all sign faces on eaeh permitted sign with no one sign face exceeding 40 square feet, and every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet; 2. Tenant directory signs: 15 square feet per sign face. e. Number of signs. A subject property qualifying for a low profile sign may have the following maximum number of signs: 1. Pedestal or monument signs: One sign per frontage on a public right-of-way; and 2. Tenant directory signs: One sign per frontage on a publie right-of-way. (4) Freeway profile signs. In. addition to the categories available in FWCC 22-1601 (a) (1) and (2), a subiect property may be permitted an additional freestanding sign if it meets the following: a. Criteria. 1. Abuts the right-of-way of Interstate 5; 2. Is located in zoning designation of City Center Core (CC-C), or Community Business (BC). b. Sign tvoe. A pylon or pole sign is allowed provided, that any pylon or pole sign must have more than one pole or structural support; and its desi~ must be compatable to the architecture of the primary structure on site or to the primary sign(s) already permitted on the subiect property. Alternatively, a pylon or pole sign may have one pole or structural support if it results in superior design, which shall be subieet to the director's approval. Sign content for any pvlon or pole sign, may include center identifieation signs provided, however. that all font sizes used are a minumum two (2) feet tall. Any freestandinl! freeway profile sign may be an illuminated sign, and/or a neon sign. Animated or moving signs and electronie ehanl!eable message signs shall not be permitted. c. Sign orientation. The sign must be oriented toward 1-5, be visible from 1-5 (not the off-ramps), and be located near the property line closest to 1-5. d. Sign height. If the subiect property has an elevation lower than the freeway, a freeway protlle sign shall not exceed 25 feet above the elevation of the nearest driving lane of the freeway at a point nearest to the proposed loeation of the sign. Ifthe subiect property has an elevation that is higher than the nearest driving lane of the freeway, then the sign shall be no taller than 20 feet above the average finshed ground elevation measured at the midpoint of the sign base. However, the maximum height of the sign can be increased to 40 feet above the average fin shed ground elevation measured at the midpoint of the sign base in order to be visible above trees or other obstructions, subiect to the director's approval. The sign height shall be measured by a licensed surveyor and the applicant shall be responsible for providing the surveyor. e. Sign area. 1. For a subiect property with a multi-tenant complex, a eenter identificatIon sil!n identifying only the name of the center shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet. Federal Way City Code, Chapter 22, Article XVIJI, "Signs" Page 3 2. For a subiect property with a multi-tenant complex. a center identification sign, whieh identifies businesses within the multi-tenant complex, and which is located 50 feet or less from the advertised activity shall not exceed 600 square feet for the total sign faees, with no one sign face exceeding 300 square feet. 3. For a subiect property with a multi-tenant complex, a center identification sign, which identifies businesses within the multi-tenant complex, and which is located more than 50 feet from the advertised activity shall not exceed 300 square feet for the total sign faces, with no one sign face exceeding 150 square feet. No one dimension of the sign face may exeeed 20 feet. 4. For a subiect property with a multi-tenant complex. a sign advertising iust one business shall be located 50 feet or less from the advertised activity with no one silZU face exeeeding 150 square feet. No one dimension ofthe silZU face may exceed 20 feet. 5. For a subiect property with a single-tenant building, a sign located 50 feet or less from the advertised activity shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet. 6. For a subiect property with a single-tenant building, a sign loeated more than 50 feet from the advertised activity shall not exceed 300 square feet for the total sign faees. with no one sign face exceeding 150 square feet. No one dimension of the sign face may exeeed 20 feet. f. Number of signs. A subiect property qualifving for a freewav profile silm mav have onlv one freeway profile silm per subject property. The applicant shall be responsible for compliance with applicable federal, state and local laws including the Revised Code of Washington (RCW) 47.42 and the Washington Administrative Code (WAC) 468-66. -(4j ill Combined sign package for adjacent property owners. The owners of two or more properties that abut or are separated only by a vehicular access easement or tract may propose a eombined sign package to the city. The city will review and decide upon the proposal using process III. The city may approve the combined sign package if it will provide mor~ coordinated, effective and efficient signs. The allowable sign area, sign type, sign height and number of signs will be determined as if the applicants wer~ one multi-tenant eomplex. (b) Building-mounted signs. (1) Sign types. The following sign types may be building-mounted signs and are allowed in all nonresidential zoning districts: a. Awning or canopy signs; b. Center identifieation signs; c. Changeable eopy signs; d. Civic event signs; e. Direetional signs, on-site; f. Electronie ehangeable message signs; g. Instructional signs; h. Marquee signs; i. Projecting signs; j. Tenant directory signs; k. Time and temperature signs; I. Under eanopy signs; and m. Wall-mounted signs. Any building-mounted sign may be an electrieal sign, an illuminated sign, and/or a neon sign. (2) Sign height. No sign shall project above the rootline of the exposed building face to which it is attached. (3) Sign area. The total sign area of building-mounted signs for each business or tenant, excluding under canopy signs, shall not exceed seven percent of the exposed building face to which it is attached; provided, however, that no individual sign shall exceed a sign area of 240 square feet and every applieant Federal Way City Code, Chapter 22, Article XVIII, "Signs" Page 4 is entitled to a minimum sign area of 30 square feet. A multi-tenant complex which does not use a freestanding sign may have two additional wall-mounted signs. No one sign may exceed seven percent of the exposed building face to which it is attached, to a maximum of 240 square feet per sign. This sign is in addition to any other tenant signs on that building face. (4) Number of signs. The number of building-mounted signs permitted each user is dependent upon the surface area of the largest single exposed building face of his or her building as follows, excluding wall-mounted center identification signs: ILargest Exposed Building Face IIMaximum Number of Signs I I Less than 999 sq. ft. II 2 I I 1,000 - 2,999 sq. ft. II 3 I I 3,000 - 3,999 sq. ft. II 4 I I 4,000 and over sq. ft. II 5 I Buildings with more than 4,000 square feet on any exposed building face, with several clearly differentiated departments, each with separate exterior entrances, are permitted one sign for each different department with a separate exterior entrance, in addition to the five permitted. No sign or signs may exceed the maximum area permitted for that building face except as may be specifically permitted by this code. However, an applicant is allowed to move allotted signs, as calculated in subsection (b)( 4) from one building face to another. Each business or use shall be permitted under canopy signs in addition to the other permitted building-mounted signs subject to the size and separation requirements set forth in FWCC 22- 1599(c)(2)(w). (c) Sign area multipliers. The sign area and sign number allowed, as set forth in subsection (a)(l)(d) of this seetion for high profile signs, (a)(2)(d) of this section for medium profile signs, and (a)(3)(d) of this section for low profile signs and subsection (b )(3) of this section for building-mounted signs may be increased in the following instances; provided, however, that in no event shall the sign exeeed the maximum sign area allowed: (1) If no signs on the subject property have internally lighted sign faces, then the total sign area allowed may be increased by 25 percent. (2) If all signs, other than center identification signs, are building-mounted signs, the total sign area allowed may be increased by 25 percent. (3) A time and temperature sign may be included with any sign and such time and temperature signs shall not be included for purposes of calculating maximum sign area or maximum number of signs. (Ord. No. 95-235, * 4, 6-6-95; Ord. No. 96-270, * 3(F), 7-2-96; Ord. No. 99-348, * 5,9-7-99; Ord. No. 99-357, * 6,12-7-99) 1:\2005 Code Amendments\Freeway Commercial Signs\City Council\2nd Reading\Code Language.doc Federal Way City Code, Chapter 22, Article XVIII, "Signs" Page 5