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ORD 23-951- Relating to Iconic Signs.T!! Mts I use and zoning regulations as deemed necessary, and improve the efficiency of the regulations pip E I�Msnm- =-- ns **n= WHEREAS, the City has identified an opportunity to introduce a new sign type for the City Center that would provide opportunities to support and enhance local culture and serve a WHEREAS, State agencies received 60-day notice of the proposed amendments on o M�# s ul -111 a I issued for the Proposal on August 12, 2022, no comments were received and the DNS wa MM Ordinance No. 23-951 Page 1 of23 FRMMTDM��� VANIffiff Me 310=11 11111111 i Ili lilliff11 considered these code amendments on December 5, 2022 and February 6, 2023, and ISTIMPS MSI!I!il!!Ililll!ll! IMITIMM11111 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, Stcfibrll1. 17iiidings. The City Council of the City of Federal Way makes the following (a) The recitals set forth above are hereby adopted and restated as findings of fa(I (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by ensuring conforinance with state law, protecting public health (c) These code amendments comply with Chapter 36.70A RCW, Growth (d) These code amendments are consistent with the intent and purpose of their respective titles under FWRC and will implement and are consistent with the applicable (e) These code amendments bear a substantial relationship to, and will protect and (f) These code amendments have followed the proper procedure required under thv Ordinance No. 23-951 Page 2 of23 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 1, the Federal Way City Council li�ll�ililill RON ��ilill 11111 MEMMEM (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: CCGI Create an identifiable City Center that serves as the social, cultural, and I flI=811 MM i i 11Z I li 1111 11 111 i 11 I'll, ". I (b) The proposed FWRC amendments #• a substantial relationship to the public rights of property owners as they will offer increased opportunities for signs within the (c) The proposed amendments are in the best interest of the public and the residents *f the City of Federal Way because they support the goals and policies found in tIT Comprehensive Plan to create a dynamic City Center. The proposed text amendments allow the city to legally regulate a new provision of signs to ensure they meet the intent for their incorporation into the City as an asset to the City Center. For these reasons, the proposed amendments will be in the best interest of the residents of the city. Ordinance No. 23-951 Page 3 of23 IMBRUE&M, "Schools " means institutions of learning, excluding those offering post -secondary education, MUM�MMFMMWO MURNOMMMOM, ill I, I those disciplines considered vocational, business -related, or trade in nature. 111111111111� IN records, clothing, furniture, and appliances; and includes such merchandise typically for sale or found at pawn shops, thrift stores, consignment stores, and flea markets. Secondhand merchandise does not include used, remanufactured, or junk motor vehicles or boats; nor "Self-service storage facilities" means a structure or group of structures for the storage of personal property where individual stalls or lockers are rented out to different tenants for storage. "Shared access points " means dcommon point of vehicle access from a street to more than onA "Sign" means any communication device, structure, fixture, or placard that uses colors, words, zwi �68�� (2) Promoting, identifying, or advertising any place, building, use, business, everl establishment, product, good, or service, and includes all supports, braces, guys, and anchors M Ordinance No. 23-951 Page 4 of23 Painted wall designs or patterns which do not represent a product, service, or registere4 trademark, and which do not identify the user, are not considered signs. If a painted wall design or pattern is combined with a sign, only that part of the design or pattern which cannot be (1) "Abandoned sign" means any sign remaining in place after a sign has not been maintain ceases for 180 consecutive days. "2) Advertised activity for fteeway profile signs. For the purpose of measuring from tiM k nearest portion of that building, storage, or other structure 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 shall be measured from 111111 IT- ,Ip 1111011 "11111 , III I (3) "Animated or moving sign" means any sign that uses movement or the appearance of movement of a sign dLsplay through the use of patterns of lights, changes in color or liJ,[l 111��11111111 MITI scintillating lights, fluttering or moving lights, lights with stroboscopic effect, or containirT.1-11 elements creating sound or smell; except for the scrolling of a static message, scene, or col(M (4) "Awning sign" means a nonelectric sign on the vertical surface or flap that is printed oll painted on, or attached to an awning or canopy. Illumination for the awning or canopy shall be Ordinance No. 23-951 Page 5 qf23 for safety purposes only and, therefore, shall point toward the ground and not illuminate ths Figure I — Awning or Canopy S HIM (6) "Billboard" means permanent outdoor advertising off -site signs containing a messagm commercial or otherwise, unrelated to any use or activity on the subject property on which the sign is located, but not including civic event signs, signs oriented to the interior of sports fielcil (7) "Building -mounted signs" means any sign attached to the facade or face of a building or mansard roof including without limitation wall signs, marquee signs, under -canopy signs and MEEMMEMM (8) "Cabinet sign" means a sign constructed of a box, rigid material, or framework over or within which is secured the sign copy, text, graphics, or other sign elements. Cabinet signs may Ordinance No. 23-951 Page 6 of23 i I I I i I IN Ili!illiiiii MNEMONIC I I I (11) "Changeable copy sign" means a sign whose informational content can be changed or tered (without changing or altering the sign frame, sign supports or electrical parts) by manual (12) "Construction sign" means a temporary sign identifying an architect, contractor, sign is located. Construction signs also include "Coming Soon" and "Open During Construction" am (13) "Directional sign, on -site, " means a sign giving directions, instructions, or facility • Illq 1111 (15) "Electronic changeable ♦, si . gn 11 means an electronically activated sign whose q! l�1!11 Ordinance No. 23-951 Page 7 of23 4 ff-MrAw Wit # + # :; • F I 1 11 11111 1111!11 Ill, Ill IMISIONNIIIIIII " 11 WIMISHMM FORM i11111 M. I . 8 Sign Height Sign Height (18) "Fuel price sign" means a sign displaying the price of fuel for motorized vehicles. I it �xl I IM (20) "Government sign " means any temporary or permanent sign erected and maintained by arm, city, public utility, county, state, or federal government for designation of or direction to arm school, hospital, hospital site, property, or facility, including without limitation traffic signs, Ordinance No. 23-951 Page 8 of23 directional signs, warning signs, informational signs, and signs displaying a public service message. (21) "konic siDi" means a sign containing exclusively con-tmercial.iriessages that, Llirpggli design and artistic, expression Linrelated to its tnessa e, is culturally significapt to the region or communi . and will serve a placernaking function either upon coinpletion or with the passagle of, LUM limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs. (22-3) "Integral sign" means a sign displaying a building date, monument citation, (24�5) "Marquee sign " means any sign attached to or supported by a marquee, which is - I MM i ill I I I I I F I I I I IF I I Ull lWym laTm ffm = Ian "s tile or textured concrete materials han-nonlous with the materials of the primary structure on till, iffilil I MINE! RAN i ill (2-78) "Identification sign " means a sign whose copy is limited to the name and address of a i I I i i I I R " I I i I i I i 11 11 1 iiii i I i i R I � 1111111q�i # F-Mm"Iff, I Ordinance No. 23-951 Page 9 oj'23 MR INN R SHRIMP I I MISS I 111 111 1 1111 111��Ipii�Ip I I I IFFMKHMM� facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business). ROOM IT! 111111! ! 1111111 i i AT il Ifni of this Code, February 28, 1990, or on the effective date of annexation if located in areas 17111MM's "M that is no longer in operation, or an activity or event that has already occurred, except for ,.,.ctivity, use, product, or service not available on the subject property on which the sign 2 WITIN -me =111 EMEMMIM.Me -a MOR, M.R EMKITS Ordinance No. 23-951 Page 10 of23 (378) "Pedestal sign" means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured woolm Mm 01 � I U 13 MIMTSITIMM. IMMETIMITA., I W-.Rffl ffil WSG MM1=1 DMIMMEMMEM set forth in FWRC 19.140.170(3)(a), Figure 1.) display indicating only instructions and the contents or purpose of the item (e.g., an by poles or braces of materials such as brick, stucco, stonework, textured wood, tile or textured I I WITRIM—WRIM, M-9-MI M111 MffjEgW#= "IM rV me W1 I M�� (40j) "Political signs" means temporary signs advertising a candidate or candidates for publa RWTMRW��M rZORTME= ty =1 (44-2) "Portable sign" means any sign designed to be moved easily and not permanently affixCE to the ground or to a structure or building. Portable signs differ from temporary signs in that Ordinance No. 23-951 Page 11 of 23 711111 1 1111111 11 1 Plil , ITT 11 M M III 1:Milmillillill Ill 1111 ll�ljl�ll Iiii; 1: 1111011111101HOW-11111 vfflgmv�� of personal concern to the sign user including without limitation "garage sale" or "lost animal" ANUM (4�4) "Private notiee sgn" means a sign anno-Lincuig a restriction or warning regarding the 1111�111 Wz�,MMMMMM 11 1111 SIGN 1 Ordinance No. 23-951 Page 12 of 23 MORMIM. MMME any portion of the roof of a building or structure, excluding signs affixed to the vertical face of a 1 11 1 1 1 111 1 - I Mores 111,111! iiiiii! I NO I I I ON I iiiiI I I I I• I ii III I !I I M (54�2) "Time and temperature sign " means any sign that displays the current time and (5-23) "Under -canopy sign" means any sign intended generally to attract pedestrian traffic suspended beneath a canopy or marquee which is at a-90-degree right angle to the adjaceiZj exposed building face and which contains no commercial messages other than the name of tb:l (5-34) "Vehicle sign" means a sign temporarily affixed or attached to a parked vehicle for tis purpose of advertising a product or service, or providing directions to such products or services. wall or a sign attached essentlalljn���#�#Iing not more than 24 inches from the Ordinance No. 23-951 Page 13 of g1jim to -. Ins affixed to a window and intended to be viewed from the "Sign area" means the entire area of a sign on which colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademarks and/or written copy is to be placed, RINIIIIIIN rM 1 .31 imply! 1111 11 iii 111 11111 1 IN 11 ME graphics, letters, figures, symbols, trademarks, and/or written copy; except that sign area is calculated for individual letters, numbers, or symbols using a canopy, awning or wall as the 11MUM-03TARSTM Ordinance No, 23-951 Page 14 qf23 TREATER V VIDEO SHOES DELI -Figure 5 — Calculating Sign Area "Sign face " means the area of a sign on which the colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademark and/or written copy is placed. "Sign inventory sticker" means the sticker that is assigned to any sign after it has been inventoried and determined to be a legal nonconforming sign. "Sign inventory sticker number" means the inventory number that is assigned to a sign after it has been inventoried and determined to be a legal nonconforming sign. "Sign registration" means the approval issued to any sign that has an approved sign permit and "Silt" or "sediment" means the soils or rock fragments mobilized and deposited by erosion, which are transported by, suspended in, or deposited by water. Ordinance No. 23-951 Page 15 of23 "Single -use building" means a building which contains one use. "Small animals " means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guina ,ii!r44l����,���•llill���,,!��i���� "Spa " means a commercial establishment offering health, relaxation, and beauty treatment primarily through such means as steam baths, baths, saunas, pools, an(ia .. • # "public bathhouse" in FWRC Title 12. "Specified anatomical areas " shall mean the following- (1) Less than completely and opaquely covered human genitals, anus, pubic region, buttock or MWITISMI 011,11 &I I I I IM Ii MINE I vm ME I MMMMMMM, (1) Human genitals in a state of sexual stimulation or arousal; � I I I• � � 91 # ### !# # �# r # IiI IN Ili III (4) Excretory functions as part of or in connection with any of the activities set forth in this "Storm drainage " means the movement of water, due to precipitation, either surficially or Ordinance No. 23-951 Page 16 of'23 iq� 1111�1p�1�111111�� 1111110111111 11 11 111 111111111111 21 ow from -higher to lower elevations. A- stream need not contain water year-round. In a development, streams may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition does not include irrigation ditches, stormwater facilities (M 6eature was constructed to convey a natural stream which existed prior to construction of the shall be considered streams when hydrologic and hydraulic analyses done pursuant to a mean of the accumulated annual rainfall record, based upon the current water year for King I ljppll�li��I� r rolummano i - M 111111 ql 11111111111111 1 111111 11 1 1111111111 !1111 1 1 Jill III Ordinance No. 23-951 Page 17 qf23 uppermost point of perennial flow cannot be identified with simple, nontechnical observations, then the point of perennial flow should be determined using the best iiiiiiiijiliii 11111111111IIIIIIIIII iiiiiiiiiiiiiiij 11111111111111111 111111111111111111111 11 1111111111 11111111111111111111 Pill 11111 III I normal rainfall and do not have the potential to be used by fish. (2) For the purposes of this definition, "used by fish" and "potential to support fish" are 0 0 0 my M-9 MIT-24T Me (a) Streams where naturally reoccurring use by fish has been documented by. a RMOMH��# (b) Streams that are fish passable, as determined by a qualified professional based on I III 1 11 1 1111111 1111111 [11jilml U�Jjw I Is IIII and drainage ditches, grass -lined swales, and canals. Purposeful creation must be demonstratefi Actrule-jitatict, �2gotogl:vgks- sutewlents and/or other evi "Streambank stabilization " means treatments used to stabilize and protect banks of streams from "Street" means both a public right-of-way and a vehicular access easement or tract. OEM?11111 I!1�111 I I I ill 1111111 1 111111 1 Mill ill 1 1111 Ill RON �iiiii III �iiii IN All 111 complex, the street providing direct vehicular access is the exterior street that borders the complex and not an internal street surrounded by the complex. Ordinance No. 23-951 Page 18 of23 "Streetscape " means the visual character and quality of a street as determined by various elements located between the street and building facades, such as trees and other landscaping, MITIM "ORM "Streetscape amenities " means pedestrian -oriented features and furnishings within th* streetscape, such as bench seats or sitting walls, weather protection, water features, art, transil C.11OT'l 111 111 1 '11t11111=11 i �! 11! 111 � 1 � � lliip��I;g 1 im "Structure " means a combination or arrangement of material for use, occupancy, or zqrlff�§ "ISTITMAT. M- RMgM3=provided on more than one level and within a structure, MOMEMMM= M MFMM� 11 111 IRA I I II I III ll ill I I II 1 1 1111 1 Ili I in i M 111111111 !1! i IiiWSWITMO, (1) Lattice tower. A support structure which consists of a network of crossed metal braces-, Ordinance No. 23-951 Page 19 of'23 (2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors. (3) Monopole. A support structure which consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad. (4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with certain conditions. " Surface parking lot" means an off-street, ground level open area, usually improved, for the temporary storage of motor vehicles. Section 4. Chapter 19.140 of the Federal Way Revised Code is hereby amended to add a new section 19.140.135 to read as follows: 19.140.135 Iconic ,sigs. (1) Scope. This section establishes permit ap lication for an iconic sign. (2) Reauire review ew -and approved in accordance with this chapter, except that the criteria for approval shall be ex ILISJVel those set forth in this section. No variance to all - of tl s of this section may be granted. Unless expressly stated otherwise. any iconic sign permit shall run with the land and shall not automatically to fate upon sale or transfer of the property. (3) Intent. This section is intended to create a process wlierebv a proposed s4m that does not meet the dimensional or other standards of this Code tna;Inc permitted, if. tlu-ot�gji design and artistic expression unrelated to its message, the proposed sign is culturally significant to the community or region and is expected to serve a placemaking function either upon, co letion or Ordinance No. 23-951 Page 20 of23 OMM REM= (a) The proposed iconic sign is for a non-residential use, and/or region more than 20 years ago, (c) The pro -posed iconic sign will be located in the city center core 'CC-01- d The proposed iconic sign consistent„ is . with --_ applicable provisions of the comprehensive plan, including the goals and/or policies of the cqWLehensive plair, Lel_jhe proposed iconic related to its message, is significant to the community or region, . The proposed materials and/or desigi is representative of a particular period of A' m- I LlIMME Ll innovation-, (gLTheSjWosqd iconic. sign is expected to serve a phacemaking function eitherUp011 :gn_ completion or with the passage of time. A sign serves a placeakig function when it seLves a wa findin ft�mctioi�ifqr the cQi n (h) The proposed iconic sign exhibits characteristics that enhance the streetscave and/or identity of the city center core C -C and, it clearly provides a recognizable architectural style and appearance.-. AWrovql of the proposed iconic sign will not arbitrarily or unreasonably result in Eavoritism of the proposed sign over another sign that is sitnLilarly s�itamtecl in all relevant Ordinance No. 23-951 Page 21 qf23 W TIje prMosed (k) The proposed iconic sign does pot have blitikiLig, ciqsiuglitsatid all fluor .scent (m) The arc used iconic sign is not an off-pren-iise s , igit (5) Conclitions and resirictions. the city may impose any conditionslimitations. or restrictions it considers appropriate. The city nines W—SQ re uire a erformance bond under FWRC 19.140.110 to ensure Seefibn 6. The provisions of this ordinance are declared separate ani, severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of ity of the application thereof to any person or circumstance, sh�ALJ M to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any Skqj�qp�- Ratific . Any act consistent with the authority and prior to the effective Section 9. Effective Date. This ordinance shall be effective thirty (30) days after passage Ordinance No. 23-951 Page 22 oj'23 PASSED by the City Council of the City of Federal Way this 7th day of March, 2023. 11 011130 ���� ,PHNI � COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: Y, CALL, CITNtbTWkNEY FILED WITH THE CITY CLERK: 02/15/2023 PASSED BY THE CITY COUNCIL: 03/07/2023 PUBLISHED: 03/10/2023 EFFECTIVE DATE: 04/09/2023 ORDINANCE NO.: 23-951 Ordinance No. 23-951 Page 23 of23