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ORD 05-486 8 8 CITY O~' FEDERAL WAY ORDINANCE NO. 05 - 486 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE IV, "NONCONFORMANCE," AND ARTICLE XVIII, "SIGNS," TO ADOPT REGULATIONS FOR SIGNS IN AREAS ANNEXED TO THE CITY, AND ALLOW ¡"OR A 10- YEAR AMORTIZA TION PERIOD FOR LEGAL NONCONFORMING SIGNS (AMENDING ORDINANCE NO'S. 90-43, 91-113, 92-135, 92-144, 95-235, 96-270, 97-307, 99-342,99-348,99-357,01-398) WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which 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, ArticJc IV, "Nonconformance," and Article XVIII, "Signs," meets the intent of Chapter 36.70A RCW, Growth Management; WHEREAS, 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 January 19, 2005, and forwarded a recommendation of approval to the City Council; WHEREAS, the Land UsefTransportation Committee of the Federal Way City Council considered these code amendments on March 7, 2005, following which it recommended adoption of the text amendments as recommended by the Planning Commission and amended by the Land Use/Transportation Committee; WHEREAS, the City Council I"inds that the code amendments to adopt regulations for signs in annexation areas, and to allow for a lO-year amortization period for legal nonconforming signs in said On] No. 05 - 486, Page I ORIGINAL 8 8 areas are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. NOw, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: s.Qçtjon 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely al"fect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Scctions 22-2]6 and 22-528, and based upon the Findings set forth in Section I, the Federal Way City Council makes thc following Conclusions of Law with respect to the decisional criteria necessary for thc adoption of thc proposed amendmcnts: L The proposed FWCC text amendments are consistent with, and substantially implement, the Federal Way Comprehensive Plan goal to improve the appearance and function of the built environment. 2. The proposed amendment bears a substantial relationship to public health, safety, and welfare by extending the City sign regulations to newly annexed areas, thereby providing consistent application of the regulation and consistent enforcement of signs for similar uses. In addition, providing controls on signs provides a balance between the rights of individuals and the community interest. And 3. The proposed FWCC text amendments are in the best interest of the residents of the City because it provides consistent sign regulation throughout the City while it eases the economic impact of the code on sign owners in the annexed areas by giving them a lO-year amortization period. Section 3. Amendment. FWCC Chapter 22, Articlc IV, "Nonconformance," and Article XVIII, "Signs," are amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, 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 circumstances. Ord No. 05 - 486, Page 2 8 8 Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinned. Section 6. 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 at a regular meeting of the City Council on the 19th day of April ,2005. ATI T I~ ApPROVED AS TO FORM: ~~-:z:;- f? ~f[¿'t~/!~~~ City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERIC PASSED BY THE CITY COUNCIL: 3/29/2005 4/19/2005 PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: 4/21/200'1 4/28/2005 05-486 1:\2005 Code Amendments\PAA Signs\City Council\Adoption Ordinance.doc/3/29/2005 8:40 AM Ord No. 05 -'/fk, Page 3 8 8 FEDERAL WAY CITY CODE Chapter 22. Article XVIII. SIGNS EXHIBIT -A-- PAGE-LOF Ã1- 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. 22-1596 Purpose. It is the purpose of this artic1e to balance public and private needs. Within this broad purpose are the following objectives: (1) Recognize the visual communication needs of all sectors of the community for identification and advertising purposes; (2) Promote a positive visual image ofthe city and protect property values by: a. Encouraging signs that are appropriate and consistent with surrounding buildings and landscape in both scale and design, appropriate to the size of the subj ect property and the amount of street frontage adjacent to the subject property, and appropriate in relationship to the size ofthe building; and b. Discouraging excessive numbers of signs; (3) Protect the public health, safety, and welfare by regulating the placement, removal, installation, maintenance, size, and location of signs; (4) Support and enhance the economic well-being of all businesses within the city, and in particular recognize the needs of all businesses to identify their premises and advertise their products; (5) Assure equal protection and fair treatment under the law through consistent application of the regulations and consistent enforcement; (6) Provide Gçonsistency with the comprehensive plan; (7) Recognize that the aesthetic value of the total environment does affect economic values of the community, and that the unrestricted proliferation of signs can and does detract from the economic value of the community; (8) Provide controls on sign proliferation to preserve community scenic, economic, and aesthetic values; and (9) Provide for the elimination of billboard signs after a reasonable amortization period recognizing that billboards affect the aesthetic value of the community thereby reducing property values and impacting traffic safety because of the distraction that is created by large signage along public rights- of-way. (Ord. No. 95~235, § 4, 6-6-95; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 99-357, § 5, 12-7-99) 22-1597 Definitions. The following words, terms 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: (1) 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. (ç)2004 Code Publishing Co. Page 1 8 \XHIBIT ~ PAGE--L°F .IP.1- (2) Administrator means the director of community development or his/her desigriated representative. (3) Animated or moving sign means any sign that uses movement, by either natural or mechanical means, or change of lighting, either natural or artificial, to depict action to create a special effect or scene. (4) Architectural embellishments - Signs means the aesthetic elements of the structure that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. (5) Awning means a shelter projecting from and supported by the exterior wall of the building and. which is are constructed of a noncombustible framework and covered by a flexible or nonrigid fabric. Awnings can be fixed, retractable, or collapsible. Any structure that extends above the adjacent parapet or roof of a supporting building is not included within the definition of awning. (6) Awning or canopy sign means a non-electric sign on the vertical surface or flap that is printed on, painted on, or attached to an awning or canopy. Illumination for the awning or canopy shall be for safety purposes only, and therefore, shall point toward the ground and not illuminate the canopy. (See also "Marquee sign.") t 1eIIio.....-........ ...- Figprè 1 - A wning or C'anopJ' Sign (7) Balloon means a decorative inflatable device, generally composed of a thin layer of latex or mylar, into which a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See also "Inflatable. advertising device. ") (8) Banner means a sign made of fabric or any nonrigid material with no enclosing framework. (9) Billboard means pennanent outdoor advertising off-site signs containing a message, 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, government signs, or instructional signs. (10) 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 projecting SIgnS. (11) 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 have either interior or exterior illumination. D. ..........,.." I ]þ )Ý E Figure 2 - Cabinet Sign (92004 Code Publishing Co. Page 2 8EXHIBIT --A- PAGE --'-OF ~ . (12) Canopy - Building means a rigid, multi~sided structure covered with fabric;' metal, or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities. Any structure which extends above any adjacent parapet or roof of the supporting building is not included within the definition of a building canopy. (13) Canopy - Freestanding means a rigid, multi-sided structure covered with fabric, metal, or other material and supported by one or more posts embedded in the ground. (14) Canopy sign. See "Awning or canopy sign." (15) Center identification sign means a building-mounted or freestanding sign that identifies the name and/or logo of a development containing more than one office, retail, institutional or industrial use or tenant and which may separately identify the tenants. (16) Changeable copy sign means a sign whose infonnational content can be changed or altered (without changing or altering the sign ftame, sign supports or electrical parts) by manual or electric, electro-mechanical, or electronic means. A sign on which the message changes more than eight times a day shall be considered an electronic changeable message sign and not a changeable copy sign for purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time and/or temperature shall be considered a "time and temperature" sign and not a changeable copy sign. (17) City means the city of Federal Way, a Washington municipal corporation, unless the context clearly indicates otherwise. (18) Clearview zone means the definition set forth in FWCC 22 1511 22-1] 51 et seq. of this Code for intersection sight distance requirements. (19) Community service event or civic event means an event or gathering (such as a food fest, concert, fun run, cultural exhibition, or charitable fund raising event) sponsored by a private or public nonprofit organization. Sponsoring organizations can include, but are not limited to, schools, churches, and/or civic ftaternal organizations, theater and arts groups, and charitable organizations. The event may not be primarily for the purpose of selling or promoting merchandise or services. (20) Construction sign means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Construction signs also include "Coming soon" and "Open During Construction" signs. (21) Copy means the graphic content of a sign surface in either pennanent or removable letter, pictographic, symbolic, or alphabetic fonn. (22) Directional sign, on-site means a sign giving directions, instructions, or facility infonnation and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs). (23) Electrical sign means a sign or sign structure in which electrical wiring, connections, or fixtures are used. (24) Electronic changeable message sign means an electronically activated sign whose message content, either whole or in part, may be changed by means of electronic programming. (25) Exposed building face means the building exterior wall of a single occupant building or the building exterior wall of an individual tenant's leased space in a multi-tenant complex, including the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation for building-mounted signs. (26) Facade means the entire building front including the parapet. (27) Festoons means a string of ribbons, tinsel, small flags, or pinwheels. (28) Flag means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem or for decoration. (29) Flashing sign means a sign when any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination. (30) .Freestanding sign means a sign supported pennanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. Freestanding signs include those signs otherwise known as "pedestal signs," "pole signs," "pylon signs," and "monument signs." 8 (Þ2004 Code Publishing Co. Page 3 I S\IJI H8I ¡tII: 8 EXHIBIT ~ PAGE~OF .1.1- 8 ",r I Sign HIIlgtt ~ - I '- Figure 3 - Freestanding Sign (31) Frontage means the length of the property line along any public right-of-way on which it borders. (32) Frontage, building means the length of an outside building wall on a public right-of-way. (33) Fuel price sign means a sign displaying the price of fuel for motorized vehicles. (34) Graffiti means the inscription of symbols, works, or pictures by painting, spray painting or other means of defacing public or private property. (35) Grand opening means a promotional activity used by newly established businesses to inform the public of their location and services available to the community. A grand opening does not mean an annual or occasional promotion of retail sales or other services, and does not include a change in ownership, remodeling, or other change incidental to the initial establishment ofthe business. (36) Ground-mounted sign means a pedestal sign, pole, pylon, monument sign, or any sign permanently affixed to the ground. (37) Government sign means any temporary or permanent sign erected and maintained by any city, public utility, county, state, or federal government for designation of or direction to any school, hospital, hospital site, property, or facility, including without limitation traffic signs, directional signs, warning signs, informational signs, and signs displaying a public service message. (38) Height (of a sign) means the vertical distance measured ÍÌ"om the highest point of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. (39) Identification sign means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified. (40) Identification sign (çubdivision) means freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development. (41) Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. (42) Incidental sign means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business). @2004 Code Publishing Co. Page 4 8 tlEXHIBIT -A..- PAGE--5-0F ~ ~ (43) Inflatable advertising device means an advertising device that is inf1ated by some means and used to attract attention, advertise, promote, market, or display goods and/or services. These devices include large single displays or displays of smaller balloons connected in some fashion to create a larget display. (44) Instructional sign means a sign which designates public information including, without limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs. (45) Integral sign means a sign displaying a building date, monument citation, commemorative inscription, or similar historic information. (46) Kiosk means a freestanding sign, which may have a round shape or which may have two or more faces and which is used to provide directions, advertising or general information. (47) Maintenance means the cleaning, painting, and minor repair of a sign in a manner that does not alter the basic design, size, height, or structure of the sign. (48) Marquee sign means any sign attached to or supported by a marquee, which is a permanent roof-like projecting structure attached to a building. (49) Menu board means a permanently mounted sign advertising the bill of fare for a drive-in or drive-through restaurant. (50) Monument sign means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. (See drawing set forth in FWCC 22-1602( c )(2), Figure 8.) (51) Multi-tenant complex means a complex containing two or more uses or businesses. (52) Multiuse complex means the definition of "mu]tiuse complex" set forth in FWCC 22-1. (53) Mural means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business, product, service, or activity. (54) Nameplate means a non-electric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants of the building. (55) Neon (outline tubing) sign means a sign consisting of glass tubing, filled with neon gas, or other similar gas, which glows when electric current is sent through it. (56) Nonconforming sign means any sign, which was legallv in existence on the effective date of this Code, February 28. 1990, or on the effective date of annexation if located in areas annexed to the city thereafter. but which does not comply with this article or any other sections ofthis Code. (57) Notice of determination means the determination that the city issues as to whether a sign conforms to this article and other sections ofthis Code. ~ .ŒID Obsolete sign means a sign that advertises a product that is no longer made, a business that is no longer in operation, or an activity or event that has already occurred, except for historical signs. ~ Œ2) Off-site sign means a sign relating, through its message and content, to a business activity, use, product, or service not available on the subject property on which the sign is located. ~ (60) On-site sign means a sign which contains only advertising strictly applicable to a lawful use of the subject property on which the sign is located, including without limitation signs indicating the business transacted, principal services rendered, and goods sold or produced on the subject property, or name ofthe business and name of the person occupying the subject property. ~ íQil Person means any individual, corporation, association, firm, partnership, or other legal entity. fáQj @ Pedestal means freestanding signs supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. Such base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWCC 22- 1602(c)(1), Figure 6.) té-B (63) Point of purchase display or sign means an advertisement for an item accompanying its display indicating only instructions and the contents or purpose of the item (e.g., an advertisement on a lQ2004 Code Publishing Co- Page 5 8 8 EXHIBIT ~ PAGE~OFU- product dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.). ~ (64) Pole or pylon signs means freestanding signs supported pennanently upon the ground by poles or braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials hannonious with the materials of the primary structure on the subject property and not attached to any building. (See drawing set forth in FWCC 22-1602( c)( 1), Figure 7.) EéJ1 @} Political signs means temporary signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with local, state, or national election or referendum. fé4:) (66) Portable sign means any sign designed to be moved easily and not pennanently affixed to the ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are made of durable materials such as metal, wood, or plastic. féB ([Z} Pre-opening sign means a temporary sign which identifies a new business moving into a new tenant space or building. The sign must include the name of the business and copy stating the business will open soon (e.g., "Coming Soon..." "Opening Soon...", etc.). . fééj í§.[l Private advertising sign means a temporary sign announcing an event, use or condition of personal concern to the sign user including without limitation "garage sale" or "lost animal" signs. fé+) (69) Private notice sign means a sign announcing a restriction or warning regarding the subject property, such as, but not limited to, "no trespassing" or "beware of dog." fé81 (70) Projecting sign means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign. DO DO 0 0 I I Figul'è 4 - Projecting Sign <Þ2004 Code Publishing Co. Page 6 8 _XHIBIT ~ PAGE 1-0F ~ fé9:j f1..l} Public right-of-way means land owned, dedicated or conveyed to the public, used primarily for the movement of vehicles, wheelchair and pedestrian traffic and land privately owned, used primarily for the movement of vehicles, wheelchair and pedestrian traffic, so long as such privately owned land has been constructed in compliance with all applicable laws and standards for a public right- of-way. ~ (72) Real estate, off-site sign means a portable or temporary sign announcing the proposed sale of property other than the property upon which the sign is located and providing directions to the subject property. f+B (1J) Real estate, on-site sign means a sign placed on the subject property and announcing the sale or rental of the subject property. (74) Ref;!istration sticker means the sticker that is assigned to a sign that has been inventoried and has been detennined to comply with this article and other sections ofthis Code. ~ ill.} Roof sign means any sign erected, constructed, or placed upon, over, or extends above the eaves or on any portion of the roof of a building or structure, excluding signs affixed to the vertical face of a mansard or gambrel style roof, and which is wholly or i1'l part SUf3portod by the building in which case a roof sign is any si~ erected. constructed. or placed upon. over. or extends above the lowest vertical section of a mansard or gambrel roof. ~ (76) Sign means any communication device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for the purpose of: (a) Providing infonnation or directions; or (b) Promoting, identifying, or advertising any place, building, use, business, event, establishment, product, good, or service, and includes all supports, braces, guys, and anchors associated with such sign. Painted wall designs or patterns which do not represent a product, service, or registered 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 distinguished from the sign will be considered as part of the sign. R41 Q.JJ. 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, excluding sign structure, architectural embellishments and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or written copy; provided, however, that individual letters, numbers or symbols using a canopy, awning or wall as the background, without added decoration or change in the canopy, awning or wall color, have sign area calculated by measuring the perimeter enclosing each letter, number or symbol and totaling the square footage of these perimeters. @2004 Code Publishing Co. Page 7 8 8 EXHIBIT --A- PAGE-LOF 1.1- Groce ry I alol..I..I_1 r+y. SIgn"'" I °If Or/' °tr ... I a]l ( It+c+1Ite) = SIan Ñ8Ø I Figure S - Calculating Sign Area f1$1 .!1.ID 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. (79) Sign inventorv sticker means the sticker that is assigned to any sign after it has been inventoried and determined to be a le2:al nonconforming sign. (80) Sign inventorv 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. (81) Sign ref!.istration means the approval issued to any sign that has an approved sign permit and that has passed all inspections required by the city. or is in conformance with the Code after an analysis conducted as part of a sign inventory. ~ .Œ.n Snipe sign means a temporary sign or poster posted on trees, fences, light posts or utility poles, except those posted by a government or public utility. f:R1.Œ.d} Temporary sign means a sign not constructed or intended for long-term use. P8:) ffiÐ. Tenant directory sign means a sign for listing the tenants or occupants and then suite numbers of a building or center. ~ í]2} Time and temperature sign means any sign that displays the current time and temperature, without any commercial message. (92004 Code Publishing Co- Page 8 8 8 EXHIBIT-A- PAGE--9-0f ..at- f8G-) (86) 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 adjacent exposed building face and which contains no commercial messages other than the name of the business. f8-B .ern Vehicle sign means a sign temporarily affixed or attached to a parked vehicle for the purpose of advertising a product or service, or providing directions to such products or services. ~ .ŒID Wall sign means either a sign applied with paint or similar substance on the surface of a wall or a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the side or edges. ~ .Œ.2} Warning sign means any sign which is intended to warn persons of prohibited activities such as "no trespassing," "no hunting," and "no dumping." f841 (90) Window sign means all signs loeated inside and affixed to a window and intended to be viewed from the exterior of the structure. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 99-357, § 5, 12-7-99) . 22-1598 Scope. This article applies to all existing signs and all signs erected, moved, relocated, enlarged, structurally changed, painted, or altered after February 28, 1990, the date of incorporation. or after the effective date of annexation if located in areas annexed to the city thereafter. and all such signs must comply '+'lith the requirem€Jßts of this chapter. Any nonconforming sign shaH be regulated pursuant to FWCC 22.335. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 99-357, § 5,12-7-99) 22-1599 Permits. (a) Permit requirements. No sign governed by the provisions of this Code shall be erected, moved, enlarged, altered or relocated by any person without a permit issued by the city unless such sign is expressly excluded from this permitting requirement pursuant to subsection (d) of this section. An applicant shall pay the permit fees set forth in the city's fee schedule. No new permit is required for signs which have valid, existing permits and which conform with the requirements of this Code on the date of its adoption unless and until the sign is altered or relocated. Signs which, on the date of adoption of this Code, or date of annexation if located in areas annexed to the city thereafter. do not conform with this Code's requirements may be eligible for characterization as legal nonconforming signs and for nonconforming sign permits under FWCC 22-335. (b) Permit applications. Applications for permits shall contain the name and address of the owner and user of the sign, the name and address of the owner of the property on which the sign is to be located, the location of the sign structure, drawings or photographs showing the design and dimensions of the sign, details of the sign's proposed placement and such other pertinent information as the administrator may require to insure compliance with this Code. (c) Permit expiration and inspection. All sign permits expire one year from the date of issuance. If no work was initiated to install or construct any part of the sign, the permit for such sign expires six months from the date of issuance. All signs for which a permit was issued must receive a final inspection for compliance with applicable requirements. It is the responsibility of the applicant to provide access for inspection. (d) Permit exceptions. (1) Maintenance and operation. A sign permit is not required for maintenance of a sign or for operation of a changeable copy sign and/or an electronic changeable message sign. (2) Exempt signs. A sign pennitis not required for the following signs or modifications to signs; provided, however, that such signs shall comply with all of the following requirements: a. Address identification with numbers and letters not more than 10 inches in height. b. Balloons no greater than 18 inches in diameter and no more than five balloons per display with a tether no longer than 36 inches. No more than two displays are permitted per site. c. Barber poles. (92004 Code Publishing Co- Page 9 8 . EXHIBIT -A-. PAGE~OF ~ d. Construction signs, so long as such signs are limited to two signs per project and each sign does not exceed 32 square feet per sign face and 10 feet in height. Construction signs shall not be displayed prior to issuance of a building permit and shall be removed prior to the issuance of a certificate of occupancy. One "Coming Soon" or "Open During Construction" sign per site entrance is also permitted. e. Directional signs, on-site. Each sign shall not exceed four square feet in sign area if the directional sign is indicating one direction and shall not exceed eight square feet in sign area if such sign is indicating more than one direction. Each sign may be no more than five feet in height. No more than two signs per street frontage are permitted for multi-tenant complexes. Single-tenant properties shall be reviewed on a case-by-case basis. Center or complex names or logos shall not comprise more than 20 percent of the total sign area. f. Flags of any nation, government, educational institution, or noncommercial organization. Decorative flags without corporate logos or other forms of advertising are also excluded ITom permit requirements. All flags must be a minimum size of five square feet unless it is a national or state flag and the official national or state flag is less than five square feet in size but not larger than 40 square feet in size. g. Fuel price signs. Signs shall be located on the property where fuel is sold, shall be limited to one monument sign per street frontage not exceeding five feet in height and sign area shall not exceed 20 square feet per sign face. h. Gravestones or other memorial displays associated with cemeteries or mausoleums. i. Historical site plaques and signs integral to an historic building or site. j. Holiday decorations displayed in conjunction with recognized holidays. k. Incidental signs attached to a structure or building, providing that the total of all such signs per use or business shall not exceed two square feet. L Instructional signs that do not exceed six square feet in area per sign face. m. Integral design features when such features are an essential part of the architecture of a building (including religious symbols) and when such features do not represent a product service, or registered trademark. n. Integral signs when no more than one per building. o. Interior signs located completely within a building or structure and not intended to be visible from outside the structure, exclusive of window signs. p. Menu board not to exceed 32 square feet per sign face and a maximum height of five feet (two permitted per site). q. Nameplates not to exceed two square feet per sign face. r. Nonblinking small string lights which are part of decoration to be used in association with landscaped areas and trees. s. Point of purchase displays. Point of purchase signs are limited to two square feet in area and one sign per point of purchase. Such signs shall only display instructional or price information and shall not include copy pertaining to any special sale or promotion. Point of purchase display signs shall be permitted in conjunction with an outdoor use, activity, or storage as authorized under Article II, Division 8 of this chapter. t. Political signs so long as the maximum area per sign is limited to six square feet. No political sign shall be displayed later than seven calendar days after a final election. u. Private advertising signs. The sign shall be limited to eight square feet per sign face and five feet in height, the sign must be immediately removed at the end of an event, use or condition, the sign must contain the address of the event or advertiser, and there shall be no more than six such signs advertising an event. v. Private notice signs. w. Real estate signs. 1. Off-site. The number of off-site real estate signs shall be limited to six per property per agent; provided, however, that there shall be a minimum separation of 200 lineal feet between such signs. The area of such signs shall be no greater than six square feet per sign face. All ofT-site real estate signs (92004 Code Publishing Co. Page 10 8 EXHIBIT --A- eAGE-1.LOF -U.-. must be removed each day at the conclusion of the open house or other sales event and are pennitted only between sumise and sunset when the seller or the agent are in attendance at the subject property. 2. On.site. The number of on-site real estate signs shall be limited to one per agent per street frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall be no greater than six square feet per sign face. For other uses and developments, the size shall not exceed 32 square feet per sign face. All on-site real estate signs must be removed when the sale closes, or in the case of a rental or lease, when the tenant takes possession. x. Temporary business signs for temporary business defined by FWCC 9-386; provided, however, that each licensed temporary business is only allowed two signs of 16 square feet per sign face. If only one sign is used, that sign may be 32 square feet per sign face. y. Under canopy signs not exceeding the width of the canopy and eight square feet in size; and provided, that a minimum separation exists between such signs equal to 20 lineal feet or more. z. Warning signs. aa. Window signs not exceeding 25 percent of the window area only to advertise products, goods or services for sale on site, business identification, hours of operation, address, and emergency information. (e) Temporary and special signs. No pennit for any sign for any civic event, community service event, special sale/promotional event, grand openings, mural display or scoreboards shall be useè 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 - Pennit Required." (f) Government signs. The allowable loøation, ~ number, sign area. height. location. and content of signs used to identify government facilities in residential zones must comply with Table 2. "Sign Allowances for Residential Zones - Pennit Required." government facilities must comply ,vit}:¡ the standards for eernmeroial signs in 1}:¡at zone and be approfJriate to the 1:1se. Signs for government facilities in non-residential zones must comply with the requirements of FWCC 22-1601. All signs must be approved by the city. Street and traffic signs are excluded from these requirements. (g) Residential zone signs. No pennit in any residential zone shall be issued for any sign unless such sign complies with the sign type, maximum number, maximum sign area, maximum height, location, duration and all other allowances and limitations for those uses described in Table 2, "Sign Allowances for Residential Zones - Pennit Required." (h) Sign registration. No person shall maintain a sign in the city without first having been issued a proper and current sign registration or a sign inventory sticker. unless the sign is expressly exempt from such registration pennit requirements. All signs exempt from the pennitting requirements set forth in this section shall be exempt from the registration requirements, or from having to obtain a sign inventory sticker. However, exempt signs must still be reviewed to ensure confonnance with this article. The sign registration shall be iss1:1ed in conneetiofl witH a person's business registration pursuant to FWCC 9 29 Of issüed after the city has ifldepeadently obtllifled the dimeRsiofls of t}:¡e sigrl afld et}:¡er neeessary informatioR. SigH owners or 1:1sers '0\,1'10, on the date of adoption of this Code, have current business registrations are not reqüired to apply to register their signs ootil t}:¡e He](Í reNewal of tHeir büsiHess regisa-atio}l. A sign registratiQn shall be valid until such time as the applicant alters the sign in any way, in which case the applicant will be required to apply for a new sign registration and sign permit. No permit fees '",ill be eharged in eonnectiofl ,VitA S1:1eH sign registrations. The city will assign a registration number to each sign upon issuance of the busifless registration and approval of a sign registration appliøation. The city shall affix the registration sticker containing the registration number to the face of the pennitted sign. Upon issuanee of a registration, For signs located in areas annexed to the city, the city will issue a Notice of Determination advise 8:n applicant if his/her as to whether the sign is in compliance with this Code, is a legal nonconforming sign pursuant to FWCC 22-335, or an illegal nonconforming sign pursuant to this Code. (i) Bond. The city may require a bond under FWCC 22-146 et seq. to ensure compliance with any aspect of this article. (02004 Code Publishing Co. Page II Table 1 Allowances for Temporary and Special Signs - Permit Required Sign Purpose/ Applicable Sign Type Allowed Maximum Maximum Sign Area Maximum Location Remarks Description Zones Number Hei~hl Civic event or Al1 Wall-mounted Handled on a Off-site signs, excluding walJ- Five feet except On site and off 30 days prior to the community service banners, temporary case-by-case mounted banners, may be no wall-mounted site event. Remove within event (temporary) portable signs, basis larger than six square feet per signs five days of the close of inflatable advertising face. On site signs and wal1- the event devices, search lights mounted banners may be no and beacons larger than 32 square feet per face Civic event or Al1 Freestanding One per site The total sign area of Monument Non-residential Electronic changeable community service monument or wan freestanding monument signs signs: six feet. zones: on/off site. message signs al1owed. event (permanent) sign shaH not exceed 64 square feet Freestanding Residential zones: Signs cannot contain for the total of all faces and no signs: 12 feet. on site only commercial messages one face shal1 exceed 32 Wa1l signs shall square feet. Wan signs shal1 not project not exceed seven percent of above the the exposed building face to roofIine which it is attached Special sale! Non- Banners only Handled on a Handled on a case-by..çase Handled on a On site. Banners Special promotions: 90 promotional event (e.g., residential case-by-case basis case-by-case must be attached days total per calendar anniversary sale, etc.) zoning basis basis to an exposed year. No more than four districts building face events per year. Does not include window sÌ1ros Grand openings Non- Banners, temporary Handled on a Handled on a case-by..çase Handled on a On site. Banners Grand openings: 30 days. residential portable signs, case-by-case basis case-by-case must be attached Event must occur within zoning inflatable advertising basis basis to an exposed 60 days of occupancy districts devices, search lights building face and beacons Mural display Non- Painted mural Handled on a Handled on a case-by..çase Handled on a Handled on a residential case-by-case basis case-by-case case-by-case zoning basis basis basis districts Scoreboards(ath letic All Electronic changeable Handled on a Handled on a case-by..çase Handled on a Handled on a fields) message sign case-by..çase basis case-by-case case-by..çase basis basis basis . 8 ~. C»< 1m :æ: ..m ..~ 0 -n "2004 Cod, P"bli..;". Co. p"",P 8 ~m G)( C !!!.3: ~:-I 0 ~ ." ~ 1:1> Page]3 ra Table 2 Sign Allowances for Residential Zones - Permit Required Residential Zones = Suburban Estates (SE), Single-Family (RS), Multifamily Residential (RM) Land Use Applicable Sign Type Maximum Maximum Maximum Height Location Remarks Zone Allowed Number Sign Area Institutional SE, RS, RM Canopy sign One sign for each The total sign area of Wall and canopy Subject property: Internally illuminated signs are not .Govt. facility Monument sign public entrance monument signs shall not signs: cannot project setback five-foot allowed; provided, hO\.vever, that .Public park Pedestal sign providing direct exceed 64 square feet for the above the roofline. minimum electronic changeable message signs .Public utility Wa11 sign vehicle access total of all faces and no one Monument signs: six and changeable copy signs are allowed. .Schoo] face shall exceed 32 square feet. Pedestal sign: 12 City may impose additional limitations feet. Wall signs and canopy feet on signs to be compatible with nearby signs shall not exceed seven residential areas percent of the exposed building face to which it is attached Recreation SE, RS, RM Canopy sign One sign for each The total sign area of \Vall and canopy Subject property: Internally illuminated signs are not . Golf course Monument sign street frontage monument signs shall not signs: cannot project setback five-foot allowed; provided, however, that the . Recreation area Pedestal sign providing direct exceed 64 square feet for the above the roofline. mlmmum eleçtronic changeable message signs or clubhouse Wall sign vehicle access total of all faces and no one Monument signs: six and changeable copy signs are allowed. . Sports field- face shall exceed 32 square feet. Pedestal sign: 12 City may impose additional limitations Private, non- feet. Wall signs and canopy feet on signs to be compatible with nearby commercial signs shall not exceed seven residential areas percent of the exposed building face to which it is attached Residential dwelling SE, RS, RM Monument sign One per dwelling Two square feet Wall and canopy Subject property: Commercial messages not allowed. units Wall sign unit signs: cannot project setback five-foot Internally illuminated or electrical signs above the roofline. minimum not allowed Monument signs: five feet Subdivision SE, RS, RM Monument sign Two per major Two signs per entrance totaling Wa1J and canopy Subject property Commercial messages not allowed. identification Pedestal sign entrance no more than 50 square feet. No signs: cannot project Interna1!y illuminated or electrical signs Pole sign one sign may be more than 32 above the roofline. not allowed. Signs may be included as Pylon sign square feet Monument, pedestal, part of a fence or other architectural Wan sign pole or pylon signs: feature five feet Manufactured home RS,RM Monument sign Two per major 32 square feet per entrance. Wa11 and canopy Subject property: Commercial messages not allowed. park identification Wall sign entrance Wall signs and canopy signs signs: cannot project setback five-foot Internally illuminated or electrical signs shall not exceed seven percent above the roofline. minimum not allowed of the exposed building face to Monument signs: five a maximum of 100 square feet feet :92004 Code Publishing Co. 8 Land Use Applicable Sign Type A{aximum Maximum Mwcimum Height Loca/ion Remarks Zone Allowed Number SiJ!Jl Area Multifamily RM,RS Monument sign Two per major 32 square feet per entrance. Wa11 and canopy Subject property: Commercial messages not allowed. complex Wall sign entrance Wan signs and canopy signs signs: cannot project setback five-foot Phone numbers are permitted on wal1- identification shall not exceed seven percent above the roofline. minimum mounted signs when not facing another of the exposed building face to Monument signs: five residential use. Intemal1y illuminated or a maximum of 100 square feet feet electrical signs not al1owed Unique SE,RS Handled ona Handled on a Handled on a case-by-case Handled on a case- Handled on a Handled on a case-by-case basis Cemetery case-by-case basis case-by-case basis by-case basis case-by-case basis basis Day care or pre- SE, RS, RM Canopy sign One freestanding Wall or canopy signs may not Five feet Subject property: Electronic changeable message signs school, excluding Monument sign sign per street exceed seven percent of the setback five-foot and changeable copy signs are allowed. Class II home Wa11 sign frontage exposed building face to which minimum City may impose additional limitations occupations the sign is attached to a on signs to be compatible with nearby maximum of 50 square feet. residential areas The total sign area for monument signs may not exceed 20 square feet per sign face. A day care or pre-school that is part of a church or synagogue may add 20 square feet per face to an existing monument sign associated with the church or synagogue Church, synagogue, SE, RS, RM Canopy sign One sign for each The total sign area of Wall and canopy Subject property: Electronic changeable message signs or other place of Monument sign street frontage monument signs shal1 not signs: cannot project setback five-foot and changeable copy signs are aHowed. "vorship Wall sign providing direct exceed 64 square feet for the above the roofline. minimum City may impose additional limitations vehic1e access total of al1 faces and no one Monument signs: five on signs to be compatible with nearby face shal1 exceed 32 square feet residential areas feet. Wa11 signs and canopy signs shan not exceed seven percent of the exposed building face to which it is attached 8 8 :gm ø>< m:E: ~~ 0 '92004 Cod, P,bli;"'", CO Þ. 13» Page (Ord. No. 99-348, § 5,9-7-99; Ord. No. 99-357, § 5, 12-7-99) 8 aHIBIT A.. PAGEiLOF ~ . 22-1600 Prohibited signs. The following signs or displays are prohibited in all zones within the city. Prohibited signs are subject to removal by the city at the owner's or user's expense pursuant to FWCC 22-1604: (1) Abandoned or obsolete signs. (2) Animated or moving signs. (3) Banners, except as expressly allowed pursuant to Table 1 and FWCC 22- 1599( d)(2)(f). (4) Billboards. (5) Dilapidated, nonmaintained signs. (6) Flashing signs, except electronic changeable message signs or changeable copy signs. (7) Graffiti. (8) Inflatable advertising devices, except as expressly allowed in FWCC 22-1599(e). (9) Mylar balloons. (10) Obstructing signs which obstruct or interfere with free access to or egress from a required exit from a building or structure. (11) Off-site signs except those expressly allowed in this chapter. (12) 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 article. (13) Portable signs except as expressly allowed in FWCC 22-1599(d)(2). (14) 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.). (] 5) Right-of-way signs including any sign in a public right-of-way except governmental SIgnS. (16) Roof sign.§. (17) 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. (18) Snipe signs. (19) 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 product on a vehicle operated during the normal course 'ofbusiness. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 99-348, § 5,9-7-99; Ord. No. 99-357, § 5, 12-7-99) 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 control the sign types, sign height, sign area and number of signs allowed. 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 faces with no one sign face exceeding 40 square feet. (Þ2004 Code Publishing Co. Page 15 8 tXHIBIT -Â-- PAGE--"-,-OF ~ (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 ffontage on one public right-of-way; 2. A zoning designation of city center core (CC-C) or city center ffame (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: 1. 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 face exceeding 64 square feet; 3. Tenant directory or kiosk signs: 15 square feet per sign face. e. Number of signs. A subject 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 case the subject property will be allowed one additional high profile sign, not to exceed a maximum of two such signs per subject 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 detennined pursuant to subsection (e)(1) of this section. In addition, two monument signs which identify the name of any multiuse complex are allowed, per entrance from a public right-of-way, not to exceed five feet in height; and 3. Tenant directory 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)(I) 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) of this section is permitted a medium profile ffeestanding sign. (Ç)2004 Code Publishing Co. Page 16 8 8 EXHIBIT ~ PAGEiLOF ~ b. Sign types. The following sign types are allowed for a medium profile sign: I. 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 public 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 pennitted 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 lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of 80 square feet for the total of all sign faces on each pennitted sign with no one sign face exceeding 40 square feet. Notwithstanding the foregoing sign area calculations, every applicant is entitled to a minimum sign area of 50 square feet for the total of all s'Ígn 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 pennitted 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 pennitted 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. Sign content for any pedestal or monument sign may include center identification 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 public right-of-way, in which case 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 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 exceeding 40 square fect, 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; (Þ2004 Code Publishing Co- Page 17 8 _EXHIBIT ~ PAGE--1&..OF ~ 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 public right-of-way. (4) 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 combined 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 more coordinated, . effective and efficient signs. The allowable sign area, sign type, sign height and number of signs will be determined as if the applicants were one multi-tenant complex. (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 identification signs; c. Changeable copy signs; d. Civic event signs; e. Directional signs, on-site; f. Electronic changeable message signs; g. Instructional signs; h. Marquee signs; 1. Projecting signs; j. Tenant directory signs; k Time and temperature signs; 1. Under canopy signs; and m. Wall-mounted signs. Any building-mounted sign may be an electrical sign, an illuminated sign, and/or a neon sign. (2) Sign height. No sign shall project above the roofline 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 applicant 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: Largest Exposed Maximum Sui/dinf!; Face Number of Sif!;ns Less than 999 sq. ft. 2 1,000 ~ 2,999 sq. ft. 3 3,000 - 3,999 sq. ft. 4 4,000 and over sq. ft. 5 C92004 Code Publishing Co. Page 18 8 8 EXHIBIT ~ PAGE-1!-OF ~ Buildings with more than 4,000 square feet on any exposed building face, with several clearly differentiated departments, each with separate exterior entrances, are pennitted one sign for each different department with a separate exterior entrance, in addition to the fÌve permitted. No sign or signs may exceed the maximum area permitted for that building face except as may be specifically pennitted 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 pennitted under canopy signs in addition to the other pennitted building-mounted signs subject to the size and separation requirements set forth in FWCC 22- 1599(e)(2)(w) 1599(d)(2)(w). (c) Sign area multipliers. The sign area and sign number allowed, as set forth in subsection (a)(1)(d) and (a)(1 )(e) of this section for high profile signs, (a)(2)(d) and (a)(2)(e) of this section for medium profile signs, and (a)(3)(d) and (a)(3)(e) of this section for low profile signs and subsection (b)(3) for building-mounted signs may be increased in the following instances; provided, however, that in no event shall the sign exceed the maximum sign area a11owed: (1) If no signs on the subject property have internally lighted sign faces, then the total sign area a11owed may be increased by 25 percent. (2) If a11 signs, other than center identification signs, are building-mounted signs, the total sign area a11owed 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) 22-1602 Construction standards. (a) Structural components. To the maximum extent possible, signs should be constructed and installed so that angle irons, guy wires, braces and other structural elements are not visible. This limitation does not apply to structural elements that are an integral part of the overall design such as decorative metal or wood. (b) Sign setback requirements. The required setback from the property lines for all signs shall be not less than five feet from the subject property line in residential zones and not less than three feet from the subject property line in all other zones. (c) Dimensional and design standards. (1) Pedestal, pole or pylon signs. The following drawings illustrate the dimensional standards for pedestal, pole or pylon signs: D I... FAŒ -r =.-:- .... 11M ........... Figure {; - Type A p('<Ie-,\;tal ((:)2004 Code Publishing Co. Page 19 8 8EXHIBIT A PAGE-ZlLOF -11- . A ~ 50% ofB A ~ 50% ofD B = Height of sign (maximum height - FWCC 22-1601) C ~ 20% ofB =~ . . .. ... ....~ ~ ~It ~,._i&-1- t Ji'.ure 7 ~ Type B pore or J>y.lon Sign B = Height of sign (maximum height - FWCC 22-1601) C ~ 20% ofB E ~ 4 inches (2) Monument signs. The following figures illustrate the dimensional standards for monument signs: Figure 8 - MoDllmèlìt Sign A: Maximum height of sign per FWCC 22-1601 B: Maximum == 200% of A C: Minimum = 20% of A D: Equal to 100% of B (3) Design criteria. a. Sign base. The base of the sign must be done in landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete or materials that are harmonious with the character of the primary structures on the subject property and s~bject to the administrator's approval. No visible gap shall be allowed between the sign base and the finished grade or between the sign face or cabinet and the sign base. (92004 Code Publishing Co. Page 20 8 \XHIBIT " PAGE-A-LOF ..&.1- b. Sign face. The color, shape, material, lettering and other architectural details ofthe sign face must be hannonious with the character of the primary structure. (4) Minor deviations. Minor deviations from the dimensional standards for signs, except for maximum sign height, may be approved by the administrator if he or she concludes that the resulting sign does not significantly change the relative proportion of the sign base to the sign face. (d) Location. No sign shall be so located so as to physically obstruct any door or exit from a building. No sign shall be located so as to be hazardous to a motorist's or pedestrian's ingress or egress from buildings or parking areas. No sign shall be located within the clearview zone. (e) Landscaping around freestanding signs. To improve overall appearance of the sign and to reduce the risk of motor vehicles hitting the sign or supports of the sign, an area adjacent to the base of each freestanding sign must be landscaped equal to the sign area; provided, however, that the city will not require more than 200 square feet of landscaped area. This landscaping must include vegetation and may include other materials and components such as brick or concrete bases as evidenced in plazas, patios and other pedestrian areas, planter boxes, pole covers or decorative framing. Landscaping can include evergreen shrubs. deciduous shrubs, vines, and groundcover or grasses. If low shrubs and groundcover are to be used, Å!!t the time of planting, a minimum of 50 percent of the required landscaped area should be planted with low shrubs and groundcover such that within two years, 90 percent of the landscaped area is covered. Such plantings can include, but arc not limited to, evergreen shrubs, deeiduoMs sHrubs, vines, and groundeovcr or grasses. If all grasses are to be used, the landscaped area must be covered 100 percent at time of planting. Low maintenance plantings are recommended. Alternative landscape plans may be submitted in writing and will be reviewed on a case-by. case basis. These may include, but are not limited to, existing plantings in the area of the sign or landscaping required to be provided under Article XVII, Landscaping, of this chapter. (f) Illumination limitations of electrical signs (does not apply to neon signage). No sign may contain or utilize any of the following: (1) Any exposed incandescent lamp with a wattage in excess of 25 watts. (2) Any exposed incandescent lamp with an internal or external reflector. (3) Any continuous or sequential flashing device or operation. (4) Except for electronic changeable message signs, any incandescent lamp inside an internally lighted sign. (5) External light sources directed towards or shining on vehicular or pedestrian traffic or on a street. (6) Internally lighted signs using 800-milliamp or larger ballasts if the lamps are spaced closer than 12 inches on center. (7) Internally lighted signs using 425-milliamp or larger ballasts if the lamps are spaced closer than six inches on center. (8) All illumination for externally illuminated signs must be aimed away from nearby residential uses and on-coming traffic. (g) Setback and distance measurements. The following guidelines shall be used to detennine compliance with setback and distance measurements: (1) The distance between two signs shall be measured along a straight horizontal line that represents the shortest distance between the two signs. (2) The distance between a sign and a property line shall be measured along a straight line representing the shortest distance between the sign and the property line. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 99-348, § 5,9-7-99; Ord. No. 99-357, § 5,12-7-99) @2004 Code Publishing Co. Page 21 8 ~XHIBIT ~ PAGE-D.-OF ll- 22-1603 Variance from sign code. (a) Scope. This section establishes the procedure and criteria the city will use in making a decision upon an application for a variance from the provisions of this sign code. (b) Required review process. The city wìl1 review and decide upon applications for a variance to any of the provisions ofthis article using process IV, Article VII of this Code. (c) Criteria. The city may grant the variance only if it finds all of the following: (1) The literal interpretation and strict application of the provisions and requirements of the sign regulations would cause undue and unnecessary hardship because of unique or unusual conditions pertaining to the specific building, parcel or subject property; (2) A sign package consistent with the provisions of this article would not provide the use or the business with effective signs; (3) The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges pennitted to other properties in the vicinity and zone in which the subject property is located; (4) The variance is not granted for the convenience of the applicant or for the convenience of regional or national businesses which wish to use a standard sign; (5) The special circumstances of the subject property are not the result of the actions of the applicant, the owner of the property or a self-induced hardship; and (6) The granting of the variance wìl1 not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is located. (d) Conditions and restrictions. As part of any variance approval of a request under this section, the city may impose any conditions, limitations or restrictions it considers appropriate under the circumstances. This may include, but is not limited to, requiring that the owner of the subject property sign a covenant or other written document to be filed with the county to run with the property by which, at a time certain or upon specific events, the signs on the subject property would be brought into compliance with all applicable city regulations then in effect. The city may also require a perfonnance bond under FWCC 22-1599(i) to insure compliance with any such condition or restriction. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 97-291, § 3,4-1-97; Ord. No. 99-348, § 5,9-7-99; Ord. No. 99-357, § 5,12-7-99) 22-1604 Compliance and enforcement. (a) Compliance with other applicable codes. All signs erected or altered under this article must comply with all applicable federal, state and local regulations relating to signs, including without limitation the provisions of the International Sui/dinK Code and the National Electric Code as UFlifonn Sign Code adopted in FWCC 5 281 and the Uflifoml B1:lildiflg Code adopted in FWCC 5-66 by the city. If any provision ofthis Code is found to be in conflict with any provision of any zoning, building, fire, safety or health ordinance or code of the city, the provision which establishes the higher standard shall prevail. (b) Sign maintenance. All signs must be kept in good repair and in a safe manner at all times. The property owner must repair damaged or deteriorated signs within 30 days of notification by the city. The area surrounding freestanding signs must be kept free of litter and debris at all times. (c) Administrative fee. All signs removed by the city shall be available for recovery by the owner of such sign for a period of two weeks, after which they will be destroyed. Recovery of any sign removed by the city shall be subject to payment of an administrative fee to partially cover the city's cost in removing and storing the sign as follows: (1) First violation fee: $5.00 per sign. (2) Subsequent violations fee: $7.00 per sign. The city shall not be responsible for damages or loss during removal or storage of any signs. This administrative fee shall be in addition to any civil penalty imposed pursuant to this chapter. @2004 Code Publishing Co. Page 22 8 eEXHIBIT A PAGE-AOF ~ (d) Civil enforcement. Civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed as set forth below, and by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or Chapter I FWCC, Articles II and III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. (e) Reserved. (f) Inspection. The administrator is empowered to enter or inspect any building, structure or premises in the city, upon which, or in connection with which a sign is located, for the purpose of inspection of the sign, its structural and electrical connections, and to insure compliance with the provisions of this Code. Such inspections shall be carried out during business hours, unless an emergency exists. (g) Abatement by the city. (1) Authority to remove sign. As part of any abatement action under Chapter 1 FWCC, Article III, the city or its agents may enter upon the subject property and cause any sign which violates the provisions of the sign code to be removed at the expense of the owner, tenant, lessee or occupant, either jointly or severally. In addition to the abatement authority provided by proceedings under Chapter 1 FWCC, Article III, the city or its agents may summarily remove any sign placed on a right-of-way or public property in violation of the terms of this article. Recovery of costs for removal of any signs as provided herein shall be as provided in Chapter 1 FWCC, Article III. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 99~342, § 5, 5-4-99) 22-1605 Reserved - Comprehensive design plan. (Ord. No. 95-235, § 4, 6-6~95) 22-1606 - 22-1629 Reserved. @2004 Code Publishing Co. 1:\2005 Code Amendments\PAA Signs\City Couneil\Sign Code Amendments.doc/3/25/2005 12:42 PM Page 23 8 8 FEDERAL WAY CITY CODE Chapter 22. Article IV. Nonconformance EXHIBIT ~ PAGE~OF -aL 22-335 Nonconforming signs. (a) Purpose. In order to ease the economic impact of this Code on businesspersons with substantial investment in signs in existence on the date of adoption of this Code, or on the date of annexation if located in areas annexed to the city thereafter, this section provides for up to 10 years of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this 10-year time period and/or may be amortized for federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. (b) Definitions. A "nonconforming sign" means any sign as defined by FWCC 22-1597 which was legally in existence on the effective date of this Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city thereafter, but which does not comply with the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this Code. Any words, terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in FWCC 22-1 and 22-1597. (c) Legal nonconformance. (1) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of this Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city thereafter which does not conform with the provisions of this Code, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: a. The sign was covered by a sign permit on the date of adoption of this Code, if one was required under applicable law; or b. If no sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the date of adoption of this Code. (2) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this section. (3) Exclusions. No temporary signs, portable signs, special signs, or incidental signs Except for billboards, off-site signs, and roof signs, prohibited signs as defined in FWCC 22-1600 shall not be eligible for characterization as legal nonconforming signs and must be removed upon notification by the city. (d) Legal HfJHeønjørming sigH pet'Hlit Notice of determination. - (1) Required. /'~ legal nonconførmiFlg sign permit is required for eaeh legal noneonf{)rming sign. The permit shall be obtained by the sign Hser or the sign o\vner, or the o\vner of the property upon which the sign is located, '."ithin 60 days of nøtiftcatiøn by the eity that the sign is legal FloFleonf.ormiFig. The permit shall be issued for no fee and shall expire at the end of the applicable amortizatioFi period preseribed iFl subsection ( e) of this section. Required. After the city conducts a sign inventory, the city shall analyze. whether each sign complies with the sign re¡¡;uJations of Article XVIII of this chapter, Signs, or any other sections of this code, and shall issue a Notice of Determination which specifies whether the sign complies or not. If a sign conforms to this chapter, it shall be issued a registration sticker. If a sign is determined to be legally nonconforming, the sign will be issued a sign inventory sticker and shall be amortized pursuant to FWCC 22-335( e). Signs that do not comply with the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this code or are not eligible for characterization as legal nonconforming signs must be removed upon notification by the city. @2004 Code Publishing Co. Page 24 8 8 EXHIBIT A PAGE-u"OF A1- (2) Necessary information. .\pplications The information associated with a for a legal nolleØl'1forming sign ~ and its sign inventory number shall contain consist of the name and address of the sign user, the sign owner~ and the owner of the property upon which the sign is located, information about the sign, such as sign type, area, height, dimensions, location, a photo of the sign. and such other pertinent information as the director of community development may require to ensure compliance with the Code, which may include including proof of the date of installation of the sign. (3) Failure to comply. 11 legal floneonforming S1gB for v;hieh no permit has been issued '.yithin the 60 day period shall within sÍJ( months be brol:lght into compliance with the Code or be remoycd. Failure to comply shall subject the sigB I:lser, ovmer afld/or O'NRCf of the property on whieh the sigA is loeated to the remedies El:ßd penalties ofF'.VCC 22 1604. (e) Amortization. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code, on or before February 28, 2000, or within 10 years ofthe effective date of annexation i[located in areas annexed to the city thereafter. anè-all signs which are made nOflOonforming by a subsequent amendment to tms Code shall be discontinued and removed or made conforming vlithifl five years after the date of Sèleh amendment (collectively the "amorti:Gation period"). Upon the expiration of the amortization period, the sign shall be brought into conformance with this Code, with a permit obtained, or be removed. A sign prohibited pursuant to FWCC 22-1600 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. (f) Extension or exemption from amortization period. (1) Applicability. This subsection applies to any sign which is required to be removed pursuant to subsection (e) ofthis section following expiration ofthe amortization period. (2) Purpose. A sign amortization exemption or extension is a mechanism by which the city may provide relief from the effect of the sign amortization program when its enforcement would fail to noticeably improve the appearance of the neighborhood and the city any and when a hardship would result from its enforcement. (3) Who may apply. The property owner or the person displaying the sign which is required to be removed pursuant to subsection (e) of this section may apply for a sign amortization extension or exemption. (4) Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all ofthe following criteria: a. The sign is compatible with the architectural design of structures on the subject property; b. The sign substantially complies with the requirements of the sign code for the land use district in which it is located. For purposes of this subsection, "substantial compliance" means that the height of the sign is within 10 percent of the sign height required by Article XVIII of this Code and that the sign area of the sign is within 20 percent of the sign area required by Article XVIII of this Code. Minor deviations from these percentages may be approved by the administrator if he or she concludes that the resulting sign is harmonious with the character of the primary structures on the subject property and with the signs and structures on surrounding properties; c. The enforcement of this Code would result in a substantial hardship to the applicant due to the size, shape, topography, location or sUIToundings of the subject property and such hardship was not created by any action of the applicant or would result in a substantial economic hardship to the applicant beeausc the applicant erected a 8igB, or made an application for a sign permit, behveen February 28, 199(), and Jèlne 6, 1995, in compliance '.vith the existing sign code; d. The sign complies with the city's minimum sign distance at intersection requirements pursuant to FWCC 22-1151 et seq.; e. If illuminated, the sign is oriented away from residentia11y developed or zoned property or is adequately screened so that the source of light is not correctly visible; f. It is consistent with the city's comprehensive plan; and g. It is consistent with the public health, safety and welfare. (5) Applicable procedure. Except as otherwise provided by this subsection (f), the city wi11 @2004 Code Publishing Co. Page 25 8 . EXHIBIT A PAGE~OF ~ process an application for a sign amortization exemption or extension through process I of this Code. (g) Loss of legal nonconforming sign status. All legal nonconforming signs shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and such legal nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: (1) Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated. (2) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12-month period to any structure that houses or supports the use with which the legal nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure as determined by the King County assessor. (3) Abandonment or business cessation. The subject property containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days. (4) Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. (5) Change in use. There has been a change in use on the subject property as that term is defined by FWCC 22-1. (6) Change in tenant. There has been a change in tenant or business on the subject property. In connection with any multiuse or multi-tenant complex, the foregoing events which require that a legal nonconforming sign be either removed or brought into conformance with this Code, shall apply only to the individual owner's or tenant's building-mounted or freestanding signs who has triggered the elimination of the legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant's name. (7) Exviration of amortization period. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code, on or before February 28. 2000, or within] 0 vears of the effective date of annexation if located in areas annexed to the city thereafter . (h) Historic signs. Nonconforming on-site historical signs may be retained through process II, Article VII of this Code, if the sign is determined to be of historic significance by satisfying all of the following criteria: (1) The sign is used in connection with a building which has been designated as a historic building pursuant to any federal, state or local preservation authority; (2) The subject sign or signs are substantially unchanged or unaltered since initial installation; (3) The subject sign or signs are a good example of the prevailing signage during the period in time it was installed; and (4) The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfare. (i) Government acquisition of property for right-of-way. (1) A sign that becomes nonconforming with respect to its setback from the edge of a public right-of-way as a result of a local, state, or federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of subsection (i)(3) of this section. (2) The city may, using process I, allow the placement of a new sign or relocation of an existing (92004 Code Publishing Co. Page 26 8 8 EXH I B IT -A- PAGE "OF~ sign within a required setback if it meets all of the following criteria: a. The enforcement of this Code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, state, or federal government acquisition of property for right- of.way expansion and not by any action of the applicant; b. The sign is not prohibited by FWCC 22-1600 and, except for location within a required setback, complies with all other requirements of FWCC 22~ 1596 through 22-1629; c. The sign complies with the city's minimum sight distance at intersection requirements pursuant to FWCC 22-1511 et seq.; and d. Location of the sign with a required setback is otherwise consistent with the public health, safety, and welfare. (3) Loss oflegal nonconforming sign status. All nonconforming signs specified in subsections (1) and (2) of this section shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: a. The applicant is making any changes, alteration, or performs any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that any copy change in a center identification or tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation, Except that a legal nonconforming sign may be relocated without losing its legal nonconforming status and eligibility for the 1 O~year amortization period so long as all of the following conditions are met: (i) the sign is under threat of eminent domain and the subiect of a Consent Decree or Settlement Agreement exeeuted with a local, state, or federal government; (ii) the Consent Decree or Settlement Agreement was executed and filed with the Court or recorded prior to the effective date of annexation; (iii) the Consent Decree or Settlement Agreement does not compensate the owner of the sign for bringing the sign into conformance with the provisions of this chapter; (iv) the owner of the sign applies for a permit to relocate the sign within six months of the date the Consent Decree or Settlement Agreement was filed; and (v) the owner makes no changes to the sign that increase the nonconformance of the si€!Jl; or b. The applicant is making any changes, alterations, or performs work other than normal maintenance or other than tenant improvements to any structure or improvement that houses or supports the use with which the nonconforming sign is associated, and the fair market value of those changes, alterations, or other work, in anyone consecutive 12-month period, exceeds 75 percent of the assessed value of that structure or improvement, as determined by the King County assessor. The applicant may provide an appraisal of the structure or improvement. The appraisal must be from a source that is acceptable to the city. The community development services director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. If an appraisal acceptable to the city is provided by the applicant or required by the city, the larger of the two amounts shall be used. For purposes of determining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336 (street/sidewalk improvements) shall not be counted towards the 75-percent threshold, which would trigger application of this subsection. CD Exemption. The city may elect not to apply any provision of this section if the removal of a sign would require the city to pay compensation under any federal, state or other law, including Chapter 47.42 RCW. (Ord. No. 90-43, § 2(165.35 (5)), 2-27~90; Ord. No. 91-113, § 4 (165.35(5)), 12-3-91; Ord. No. 92-135, § 3 (165.35(5)),4-2]-92; Ord. No. 92-]44, § 3 (165.35(5)), 6-]6-92; Ord. No. 95-235, § 3, 6-6-95; Ord. No. 97-307, § 3,12-16-97; Ord. No. 99-357, § 4,12-7-99; Old. No. 01-398, § 1,7-17-01) 1:\2005 Code Amendments\P AA Signs\City Council\Nonconforming Signs.doc/3/25/2005 12:43 PM (92004 Code Publishing Co. Page 27