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ORD 12-720ORDINANCE NO. 12-720 AN ORDINANCE of the City of Federal Way, Washington, relating to banner signs in the right-of-way for City-sponsored civic and community events; amending FWRC 19.140.070, 19.140.120, and 19.140.130 (Amending Ordinance Nos. 12-713, 08-583, 07-573, 07-554, 07-550, 06-523, OS-487, OS-486, 99-357, 99-348, 95-235) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to amend the FWRC related to banner signs within the right-of-way for City-sponsored civic and community events within the City of Federal Way; and WHEREAS, numerous important civic and community events occur throughout the year; and WHEREAS, allowing banners in the right-of-way should result in increased exposure and visihility resulting in increased attendance at events and success of events; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on February 12, 2012, and no comments or appeals were received and the DNS was finalized on March 2, 2012; and Ordinance No. 12-720 Page 1 of 7 WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on February 22, 2012, arid forwarded a recommendation of approval to the City Council; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAlN AS FOLLOWS: Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole because they would allow banner signs within the right-of-way for City-sponsored civic and community events thus encouraging public attendance at these events. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan (FWCP). (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions: Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section l, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following FWCP goals and policies: Ordinance 1Vo. 12-720 Page 2 a,f � EDGS The City will encourage and support the development of recreational and cultural facilities and/or events that will bring additional visitors to Federal Way, and/or increase visitor spending. LUP6 Canduct regular reviews of development regulations to determine how to improve upon the permit review process. EDP11 The City will promote the community by working with the Federal Way Chamber and the private sector to develop marketing tools that attract new businesses, visitors, and investments. EDP18 The City will periodically monitor local and regional trends to be able to adjust plans, policies, and programs. (b)The proposed FWRC text amendments bear a relationship to the public health, safety, and welfare because the amendments will provide for banners over and within the right-of-way, which will assist in attracting attendees to local civic and community events. The success of such events contributes to economic developrnent and makes the community a more vibrant and interesting pla.ce to live and visit. (c) The proposed FWRC text amendments are in the best interest of the residents of the City because banner signs will help to attract attendees to City sponsored civic and community events; thus, enhancing the City's regional image as a desirable community offering a high quality environment for living and working. Section 3. FWRC 19.140.070 is hereby amended to read as follows: 19.140.070 Temporary and special signs. No permit for any sign far any civic event, community service event, citY-s�onsored civic or communitv event, special sale/promotional event, grand openings, mural display or scoreboards shall be issued unless such sign complies with the sign type, maximum number, maximum sign face area, maximum height, location, duration and all other allowances and limitations for those uses described in Table 1, "Allowances for Temporary and Special Signs — Permit Required." Section 4. FWRC 19.140.120 is hereby amended to read as follows: Orddnance No. 12-720 Page 3 of 7 19.140.120 Tables of sign allowances. Table 1 Allowances for Temporary and Special Si�ns — Permit Required Sign Applicable Sign Type Maximum Maximum Maximum Purpose/ Location Remarks Description Zones Allowed Number Sign Area Height Civic event All Wall- Handled Off-site Five feet On site and 30 days prior or mounted on a case- signs, except wall- off site to the event. comrnunity banners, by-case excluding mounted Remove service temporary basis wall- signs within five event portable mounted days of the (temporary) signs, banners, may close of the inflatable be no larger event advertising than six devices, square feet search lights per face. On- and beacons site signs and wall- mounted banners may be no larger than 32 square feet per face Civic event All Freestanding One per The total sign Monument Nonresidential Electronic or monument site area of signs: six zones: on/off changeable community or wall sign freestanding . feet. site. message signs service monument Freestanding Residential allowed. event signs shall signs: 12 zones: on site Signs cannot {permanent) not exceed feet. Wall only contain 64 square signs shall commercial feet far the not project messages total of all above the faces and no roofline one face shall exceed 32 square feet. Wall signs shall not exceedseven percent ofthe exposed building face to which it is attached Citv_ All Street pole Handled In In Mounted on Permissible snonsored banner or on a case- accordance accordance cit�street via civic or over-the- bv-case with with poles or over- �plication to communitv street banner basis svecifications �ecifications the-street the director of event provided bv provided bv banner Public Works �emporarv) the director the directar structures in in accordance of Public of Public the ri t-of- with Works Works w�a + denartment Ordinance No. 12-720 Page 4 of 7 Table 1 Allowances for Temporary and Special Signs — Permit Required Sign Applicable Sign Type Maximum Maximum Maximum Purpose/ Zones Allowed Number Sign Area Height Location Remarks Description �ecifications. Duration decided on case-b, -v case basis. Special sale/ Nonresidential Banners Handled Handled on a Handled on a On site. Special promotional zoning only on a case- case-by-case case-by-case Banners must promotions: event (e.g., disMcts by-case basis basis be attached to 90 days total anniversary basis an exposed per calendaz sale, etc.) building face year. No more than four events per year. Does not include window signs Grand Nonresidential Banners, Handled Handled on a Handled on a On site. Grand openings zoning temporary on a case- case-by-case case-by-case Banners must openings: 30 districts portable by-case basis basis be attached to days. Event signs, basis an exposed must occur inflatable building face within 60 advertising days of devices, occupancy search lights ' and beacons Mural Nonresidential Painted Handled Handled on a Handled on a Handled on a display zoning mural on a case- case-by-case case-by-case case-by-case districts by-case basis basis basis basis Scoreboards Ali Electronic Handled Handled on a Handled on a Handled on a (athletic changeable on a case- case-by-case case-by-case case-by-case fields) message by-case basis basis basis sign basis Section 5. FWRC 19.140.130 is hereby amended to read as follows: 19.140.130 Prohibited signs. The following signs or displays are prohibited in alt zones within the city. Prohibited signs are subject to removal by the city at the owner's or user's expense pursuant to FWRC 19.140.190: (1) Abandoned or obsolete signs. (2) Animated or moving signs. (3} Banners, except as expressly allowed pursuant to FWRC 19.140.120, Table 1, FWRC 19.14U.064(6}, and FWRC 19.140.150(n). (4) Billboards. Ordinance No. 12-720 Page S oj7 I- (5) Dilapidated, nonmaintained signs. {6) Flashing signs, except electronic changeable message signs or changeable copy signs. (7) Inflatable advertising devices, except as expressly allowed in FWRC 19.140.070. (8) Mylar balloons. (9) Obstructing signs which obstruct or interfere with free access to or egress from a required exit from a building or structure. {10) Off-site signs except those expressly allowed in this title. { 11) Pennants, streamers, ribbons, spinners, whirlers, propellers, festoons, blinking lights, or similar items that attract attention through movement, reflection or illumination unless expressly allowed pursuant to Table 1 of this chapter. {12) Portable signs except as expressly allowed in FWRC 19.140.060. (13) Real estate signs providing information other than the name of the development and that the subject property is for sale, lease or rent, such as signs which only announce the features or amenities of the subject property (i.e., features such as indoor pool, hot tub, fireplaces, skylights, covered parking, free cable, laundromat services, community centers, etc.). (14) Signs in a public right-of-way except si�ns for governmenta� and ci �-sponsared civic or communi . events sig�s, and e�se� portable signs that follow the requirements of FWRC 19.140.060(29). (15) Roof signs. (16) Simulations of traffic signs. Any sign using the words "stop," "look," or "danger," or any other words, symbols, or characters in such a manner as to interfere with, mislead, or confuse pedestrian.or vehicular traffic. (17) Snipe signs. (18) Vehicle signs including any sign attached to, or placed on, a parked vehicle or trailer used .. : principally for advertising purposes, rather than transportation, but excluding signs relating to the sale, lease, or rental of the vehicle or trailer and excluding signs which identify a firm or its principal producf on a vehicle operated during the normal course of business. - Section 6. Severabilitv. The provisions of this ordinance' are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of t�is 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 circumstances. Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ardinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 12-720 Page 6 of 7 Section 9. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this 6` day of March, 2012. CITY OF FEDERAL WAY r MAYOR, S P PRIEST ATTEST: , CITY CLERK, CARO MC LLY, CMC APPROVED AS TO FORM: `��a�'� �-� � CITY A'FTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COLJNCIL PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 2-28-2012 3-6-2012 3-9-2012 3-14-2012 12-720 Ordinance No. 12-720 Page 7 of 7