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Planning Comm PKT 02-15-2006 City of Federal Way PLANNING COMMISSION February 15,2006 7:00 p.m. City HaH Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS . ELECTIONS . PUBLIC HEARING Off-Site Real Estate Signs Code Amendments 7. ADDITIONAL BUSINESS 8. AUDIENCE COMMENT 9. ADJOURN Commissioners ffope Elder, Vice-Chair Dave Osaki Merle Pfeifer Pam Duncan-Pierce Dini Duclos Willi(lll/ Drake Lawson Uranson Richard Agnew (Alternate #1) City Staff Kathy McClung, CDS Director Margaret Clark, Senior Planner E. Tina Piety, Administrative Assistant 253-835-2601 JJ~,l."','.ll.:J\ 1/.u.ifJ;,:~(ll<r!lf..l,.l, :~IY:, co! J! K:\Pl~inliing CoTTlTf'li~s.i()Ii\2006\Agenda 02-15-06.doc CITY OF FEDERAL WAY PLANNING COMMISSION December 7, 2005 7:00 p.m. City Hall Council Chambers MEETING MINUTES Commissioners present: John Caulfield, Hope Elder, Dave Osaki, Merle Pfeifer, and Dini Duclos. Commissioners absent: Bill Drake and Lawson Bronson (excused). Alternate Commissioners present: none. Alternate Commissioners absent: Pam Duncan-Pierce (unexcused) and Richard Agnew (excused). Deputy Mayor Linda Kochmar also attended. Staff present: Development Services Director Kathy McClung, Economic Development Director Patrick Doherty, Assistant City Attorney Amy Jo Pearsall, Senior Planner Lori Michaelson, and Administrative Assistant E. Tina Piety. Chair Caulfield called the meeting to order at 7:00 p.m. ApPROVAL OF MINUTES Commissioner Elder moved (and it was seconded) to adopt the November 16, 2005, minutes with corrections (Commissioner Pfeifer's name was misspelled). The motion carried (five yes). AUDIENCE COMMENT None ADMINISTRATIVE REpORT Ms. McClung informed the Commission that the City Council voted last night to extend the Interim Zoning Ordinance to May 2006. State law requires such interim ordinances to be extended in six-month increments. The City plans to complete the City Center Code amendments by the end of February. COMMISSION BUSINESS PUBLIC HEARING - City Center Code Amendments, Continued Ms. Michaelson delivered the November 30,2005, staff report. The report addressed questions and concerns raised at the last Planning Commission public hearing of November 16, 2005, and comprehensive pIan policies that have been updated and added to thc main staff report. Of the 27 individual proposed amendments, the Commission needs to make decisions on numbers lA, lB, 3A, and 8B, Tn addition, at the last meeting, they voted to revisit proposed amendments numbers 4A and 4B. Proposed Amendments #1 A and #1 B - Prohibit Inconsistent Land Uses Proposed amendment #lA deals with prohibiting gambling and proposed amendment #IB deals with prohibiting second-hand merchandise sales. The Commission was split with some members opposed to gambling and others supportive of "up-scale" gambling. It was suggested the Commission consider gambling as an accessory use. Ms. Pearsall informed the Commission that the state regulates gambling and the only decision the City can make is to either allow or not allow gambling. Commissioner Bronson's comments were read into the record. It was decided to come back to this issue, K:\Planning Commission\2005\Meeting SUJT'lI'T13ry 12-07-05.doc Planning Commission Minutes Page 2 December 7, 2005 Commissioner Duclos moved (and it was seconded) to recommend adoption of proposed amendment #IB with the addition ofthe staffs updated definition for "retail sales, second-hand merchandise," and new definition for "antique or collectible," as stated in the November 30, 2005, Planning Commission staffreport. The vote was held with five yes, and the motion passed. Proposed Amendment #3A ~ Building Height Commissioner Duclos moved (and it was seconded) to recommend adoption of proposed amendment #3A as written. Commissioner Osaki expressed his concern over 40 foot buildings next to single-family residences and moved (and it was seconded) that the motion be amended to maintain the 30-foot height next to single-family residential areas. Mr. Doherty commented that this means that buildings cannot exceed 30 feet in height at any point within 100 feet of a residential zone (beyond the 20-foot setback). Commissioner Osaki withdrew his amendment. Commission Osaki then moved (and it was seconded) that the motion be amended to maintain the 30- foot building height (with a 20-foot setback) up to 40 feet from the property line, but allow a 40-foot building height between 40 fcet and 100 feet from the property line. The vote for the amcndment was hcld with five yes, and the amendment passed. The vote for the main motion as amended was held with five yes, and the main motion has amended passed. Proposed Amendments #4A and #4B ~ Single-Story Buildings Commissioner Bronson's comments were read into the record. Commissioner Osaki asked staffwhat response they have received from citizens in regards to the 20,000 square foot single-story building limitation. A number of meetings have been held with property owners, business owners, and the Chamber of Commerce. Mr. Doherty commented that at these meetings, staff received comments from some citizens who felt the proposed amendments could work and othcrs who do not want any restrictions to buildings. Ms. McClung commented that some ofthe citizen's concerns were addressed with the proposed amendments that deal with nonconformances. Some Commissioners reiterated their concerns that adopting these proposed amendments would be inconsistent with the Federal Way Comprehensive Plan. Commissioner Elder moved (and it was seconded) to recommend approval of proposed amendments #4A and #4B with a recommendation that the comprehensive plan be changed in order to be consistent. The vote was held with three yes and two no. There must be a majority of the entire Commission (four yes votes) to recommcnd approval of an item. Given this, the motionfailed. Commissioner Duclos moved (and it was seconded) that proposed amendments #4A and #4B be sent forward to the Land Use/Transportation Committee with no recommendation from thc Planning Commission. The vote was held with five yes, and the motion passed. Proposed Amendment #8B ~ Nonconforming Development This proposed amendment is a companion to proposed amendments #4A and #4B. In light of this, Commissioner Osaki moved (and it was seconded) that proposed amendment #8B be sent forward to the Land Useffransportation Committee with no recommendation from the Planning Commission. The vote was held with five yes, and the motion passed. Proposed Amendment #1 A ~ Prohibit Inconsistent Land Use (Gambling) After further discussion, Commissioner Osaki moved (and it was seconded) to not recommend approval of proposed amendment #IA as written (this means gambling would be allowed). The vote was held with two yes and three no, and the motionfailed. Commissioner Duclos moved (and it was seconded) that proposed amendment #lA be sent forward to the Land Use/Transportation Committee with no recommendation from the Planning Commission. The vote was held with five yes, and the ITlO ti on passed. Commissioner Duclos moved (and it was seconded) to close the Public Hearing at 7:55 p.m. The votc was held with five yes, and the motion passed. K:\Planning COmmlssion\1005\Mtl;':lirlg SUlmnary 12-07~05.doc Planning Commission Minutes Page 3 December 7, 2005 ADDITIONAL BUSINESS Ms. McClung asked the Commission if they would be available for a dinner meeting on January 18, 2006, at 6:00 p.m. Commissioner Osaki will not be able to attend, but the other Commissioner in attendance can be there. There will be a discussion of the 2006 Work Program with the dinner. Chairman Caulfield announced his resignation, effective January 6, 2006. He has accepted the position of City Manager for Mountlake Terrace and will be moving there. Chairman Caulfield told the Commissioners that it was a tremendous opportunity for him to work with them and to get to know them. He also thanked Kathy McClung and other City staff for their professional work. The Commissioners expressed their appreciation of Chairman Caulficld. AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 8:00 p.m. K:\Planning Corrunission\2005\Me:e-1ing SlIlnrnary 12-01~05,doc CITY OF FEDERAL WAY PLANNING COMMISSION January 18, 2006 6:00 p.m. City Hall Dash Point Conference Room MEETING MINUTES Commissioners present: Hope Elder, Dave Osaki, Merle Pfeifer, Dini Duclos Bill Drake, Lawson Bronson, and Pam Duncan~Pierce. Commissioners absent: none. Alternate Commissioners present: Richard Agnew. Alternate Commissioners absent: none. Staff present: Development Services Director Kathy McClung, Assistant City Attorney Amy Jo Pearsall, Senior Planner Margaret Clark, and Administrative Assistant E. Tina Piety. COMMISSION BUSINESS ANNUAL DINNER MEETING Ms. McClung went over the Planning Commission's accomplishments for 2005 and discussed the possible items for the 2006 Work Program. The 2006 Work Program will be forwarded to the Land UsefTransportation Committee soon. Ms, McClung asked the Commissioners for their suggestions for the 2006 Work Program. Their suggestions are as follows: Training - How Potential Annexation Areas (P AA) come into the City State's Planning Short Course Growth Management Act (GMA) Information - Triangle Study / 348th Corridor (Opus/Walmart) Major Projects List Surface Water Management (SWM) Projects Federal Way Development Review Code Amendments - Conditional Use - for existing nonconforming uses and potential uses that are not currently permitted but may be compatible ADJOURN The meeting was adjourned at 7:30 p.m. K:\P'lanning Commission\2006\Meeling Sumrnary 01-] 8~06 doc ~ CITY OF 411' 7 Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Chapter 22, Article XVIII, "Signs" File No. 06-100180-00-UP/06-100181-00-SE Planning Commission Meeting of February 15, 2006 I. BACKGROUND The City Council received a request by Real Estate Agent Marylyn Gates on behalf of the Board of Realtors to amend the sign code to reduce the ZOO foot lineal separation requirement for off-site real estate directional signs to less than 200 feet when necessary in order to indicate a turn or change in direction oftravel (Exhibit A). At a December 6,2005, public hearing, the City Council determined that this code amendment should go forward for further review. A Determination of Nonsignificance was issued for this proposed code amendment on January 18, 2006. II. DISCUSSION Pursuant to Federal Way City Code (FWCC) Section 22-I599(w), "Real Estate Signs," real estate signs are limited to six per property per agent, provided that there is a 200-foot lineal foot separation between signs. As stated in the August 6,2003, letter from Marylyn Gates (Exhibit A), open house signs are used to direct potential buyers to homes that are for sale. Often, a potential buyer may need to travel in a different direction before having traveled 200 feet from the previous sign. With no sign at the turn to guide them, they may get lost, resulting in them not finding the house for sale. After the December 6, 2005, public hearing, staff contacted Ms. Gates to inform her that a draft code amendment was being drafted in response to her request. At that time, Ms. Gates had one additional request to increase the maximum allowable number of off-site real estate signs per property per agent from six to ten. This would allow adequate signage when access to the property for sale is from two major directions. III. DISCUSSION OF PROPOSED CODE AMENDMENTS The draft code amendment is enclosed as Exhibit B. Language proposed to be deleted is shown as strike01:1t and proposed new language is shown as underline. 1. Grammatical Corrections Grammar has been corrected in various parts of the Article. See Pages 8 and 10, where commas have been added before the word "which." 2. Corrections to Code Citations Citations have been corrected in Sections 22-1599(d)(2)(s) and (d)(2)(x) as follows: (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 XIII, Division 8 ofthis chapter. (x) Temporary business signs for temporary business defined by FWCC 9-3-&e Chapter 9. Article VII. Division I; 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. 3. Language to Address Separation and Increase Allowable Number Off-Site Real Estate Signs Amendments are being proposed to Section 22-1599(d)(2)(w) as follows: (w) Real estate signs. 1. Off-site. The number of off-site real estate signs shall be limited to sHr ten per property per agent; provided, however, that there shall be a minimum separation of 200 lineal feet between such signs. except that signs may be olaced less than 200 lineal feet apart when necessary to indicate a turn or change in direction of travel. The area of such signs shall be no greater than six square feet per sign face. All off-site real estate signs must be removed each day at the conclusion ofthe open house or other sales event and are permitted only between sunrise and sunset when the seller or the agent are in attendance at the subject property. IV. STAFF RECOMMENDATION Staff recommends that the code amendment as outlined in Section III above and enclosed as Exhibit B be recommended for approval to the City Council. V. REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: Real Estate Signs Planning Commission Staff Report January 31, 2006 Page 2 1. To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528. 3. To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. VI. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. The proposed FWCC text amendment is consistent with the following Federal Way Comprehensive Plan (FWCP) goal: EDG-6 The City will encourage and support existing businesses to remain and lor expand their facilities within Federal Way. The comprehensive pIan encourages success of business in Federal Way as a general concept. The success of business has a direct impact to the City's tax base, which provides the money to provide City services and amenities. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWCC text amendments bear a relationship to the public health, safety, and welfare because the amendments will assist both the real estate community and potential buyers by directing potential buyers to properties for sale. 3. The proposed amendment is in the best interest of the residents of the City. The proposed FWCC text amendments are in the best interest of the residents of the City because they support real estate activities and help potential buyers in locating properties for sale. VII. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: Real Estate Signs Planning Commission Staff Report January 31, 2006 Page 3 1. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or 4. Forward the proposed FWCC text amendments to City Council without a recommendation. EXHIBITS Exhibit A - Letter from Marylyn Gates, August 7, 2003 Exhibit B - Federal Way City Code Chapter 22, Article XVIII, "Signs," with Proposed New Language 1:\2006 Code Amendments\Real Estate Signs\Planning Commission\Planning Commission Staff Report.doc Real Estate Signs Planning Corrunission Staff Report January 31, 2006 Page 4 EXHIBIT --A- PAGE-LOF ~ August 7, 2003. Dear Derek, Please find herewith a copy of a letter that was generated for me by the Board of Realtors. When I went over the sign ordinance I found a small omission that made things rather difficult for Realtors holding open houses. With the 200 lineal foot rule it precludes A board signs being used for a directional change within that 200 feet. Apparently it is a fairly simple amendment and the attached letter I have given to Jack Dovey should cover it. I am sure it was just a drafting oversight and should be fairly easy to rectify. Please call me if you need any further information. Thank you for your consideration of all this. Hope all is going well for you. B#p ;:i~~~ (-) Windermere Federal Way EXHIBIT --A- PAGE-a-OF-1f-- TO: COPY: FROM:~ COUNCILMAN JACK DOVEY. FEDERAL WAY CITY COUNCIL. DEREK MATHISON. ASSISTANT CITY ~1ANAGER.~ Marylyn J. Gates Windermere Real Estate/South, Inc. 33405 6th Ave South Federal Way, WA 98003 RE: Proposed Sign Code Amendment to FWC 22.1599 (d) (2) (w) (1) DATE: August 6, 2003 Dear As you may know, lam a REALTOR with Windermere Real Estate in Federal Way. We've recently moved into our new offices on 6th Avenue South. I'm writing to ask your assistance in connection with a very small, but important, technical change that is needed in connection with Section 22.1599 (d) (2) (w) (I) of the Federal Way sign code. Section 22.1599 (d)(2) (w) (1) deals with off-site Open House real estatesigns.l(r,equires that an agent or seller's Open House Signs be separated by at least 200 lineal feet I unq~rstand, appreciate and support the rationale behind the 200-foot requirement. - However, there is one kind of situation where the 200-foot separation requirementis dysfunctional, and common sense indicates a small technical correction is needed: - I'm writing to ask that you implement such a change expeditiously ; As you know, Open House Signs are used to direCt potential buyers to homes that are for sale. Often, a potential buyer will need to turn their vehicle to go in a different direction,-before having traveled 200 feet. This situation ,occurs when the intersections are less than 200 feet apart. and where a turn is required before traveling a full 200 feet. If the agent or seller is not able to place a sign at the intersection where the buyer needs to turn the vehicle, buyers will tend to get lost and may not fmd the home. That undesirable result is of significant import because: 1. The Seattle-King' County Association of REALTORS (SKCAR) observed that the Real Estate Insider Report indicated that 75% of their survey respondents (real estate agents) identified signs as their most effective sales technique: National research studies Windermere Real Estate/South, Inc. 33405 6th Avenue South. Federal Way, WA 98003.253/838-8900. Fax 253/838-8975 EXHIBIT ~ PAGE~OF -4-- from 1991 demonstrate that 42% of all buyers used signs in locating the home they purchased. Even more important, however, 17% of all of the buyers found the home they purchased using ONLY the signs. 2. Those are national figures. The local data is also compelling. John L. Scott Real Estate, Inc. (the second largest residential brokerage firm in Washington State and one of the largest firms in the nation) engaged the services of Hebert Research (a well-known and highly regarded research company here in King County) to analyze the role of signs in the buying process. The Hebert Company's research revealed the following: In Western Washington, 50.5% o/the buyers said that they found out about the open houses they visited using the real estate signs (as opposed to using newspapers, their agent, brochures, weekly reports, referral by friends or family, television, or other means). It may also be worth noting that respondents who "... were 46-50 years old were significantly more likely to have fou!ld out about open houses by seeing signs when driving around..." 3. Many buyers use the off-premises directional signs to search independently for a home, and then contact a Realtor to represent them only after they have identified a property in which they are interested. The off-premise' signs that direct them to the properties playa critical function in this dynamic. '. 4. There is one other group that makes extensive use' of the signs: First TimeBuyers: , Buying their first home is a big, big, step for many families~'This is especially true when the average sales price in South King County is now wellover $200,000. These kinds.of prices can scare the daylights out of First Time Buyers. Not ,surprisingly, many First Time Buyers prefer to tiptoe gently into the raging torrentofour current real esta,e market. By using the off-premise signs to locate homes that are for sale they can attempt to get a sense of the market at their own pace, instead of being in the car with a Realtor. In doing so they are able to avoid the potential to feel pressured by real estate agents who Understand that while they are driving around looking, home' prices may continue to rise significantly. ........,. 5. Finally, it's important to remember that these Open House Signs play a critically important role in the City's efforts to comply with the Federal Fair Housing mandates contained in the 1988 Federal Fair Housing Amendments to the Civil Rights Act of 1968: Real Estate signs allow any person, without regard to race, religion or nationid ot;igin, to know that the home is being offered for sale. They serve, and reinforce, the morally correct policy that our communities must be open to persons of all races, and that unlawful discrimination in housing opportunities is unacceptable. Accordingly, even though this problem in FWC 22.1599 arises from a small technical "glitch" in the ordinance, it's important that the easy cornmon sense correction be adopted because of the EXHIBIT j. PAGE-'+-OF-'- significant role Open House Signs play in real estate transactions, and in Fair Housing. It's also important because having a reasonable common sense sign code encourages voluntary compliance. The easy, common sense correction would be to allow an agent or seller to have hislher off-site Open House Signs within 200 feet of each other when necessary because turns are required at intersections that are less than 200 feet apart. To implement this common sense correction, we recommend adding language to Section 22.1599 (d) (2) (w) (1) so that it reads as follows: Section 22.1599 (d) (2)... w. Real est(lte ~i@s. 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 separatidU'of 200 . lineal feet between such signs, except that an a~ent or seller's open house si~ns may be placed closer than 200 lineal feet wheredoin~so is necessary to indicate that a turn and chan~e in the direction of vehicular travel is required for a potential buyer to continueproceedin~ towards the home that is offered fOf sale. The are~ of such signs shall be no greater than six square feet per signface. All off-site real.estate signs must be removed each day at the conclusion of the open house or Qther sales event and are permitted only betWeen sunrise and sunset when the seller or the agent are in attendance at the subject property. 2...... Ifan agent or seller can't puttheir Open House Sign at the intersection where Buyers need to turn. it's a little bit like putting the SouthboWldI-5 exit signs for Federal Way somewhere North of Fife but S6uthofExit 142 (Hwy 18). Thank you in advance for your consideration of my request for what I hope you will agree is a small, but important, common sense correction to Section 22.1599 (d) (2) (w) (1). Sincerely, WINDERMERE REAL ESTATE Marylyn Gates cc: Sam Pace, SKCAR Housing Specialist Ginger Downs, SKCAR Executive Officer David Crowell, SKCAR Director of Governmental and Public Affairs Federal Way City Code Chapter 22. Article XVIII. SIGNS EXHIBIT.' . PAGE-LOF ~ 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 article 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 of the 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 subject property and the amount of street frontage adjacent to the subject property, and appropriate in relationship to the size of the 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 10cation 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 consistency 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, g 4, 6-6-95; Ord. No. 99-348, g 5, 9~7-99; Ord. No. 99-357, g 5, 12-7-99; Ord. No. 05- 486 g 3,4-19-05) 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: Page 1 of 23 EXHIBIT ~ PAGE-LOF ~ (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. (2) Administrator means the director of community development or his/her designated representative. (3) Advertised activity for Freeway Profile Signs. For the purpose of measuring from the advertised activity for an individual business, the distance shall be measured from the sign to the nearest portion of that building, storage, or other structure or processing area which is the most regularly used and essential to the conduct of the activity, and for a center identification sign, which identifies businesses within a multi-tenant complex, the distance shall be measured from the sign to the nearest portion of the combined parking area of the subject property. (4) Animated or moving sign means any sign that uses movement or the appearance of movement of a sign display through the use of patterns of lights, changes in color or light intensity, computerized special effects, video display, or through any other method chasing or scintillating lights, fluttering or moving lights, lights with stroboscopic effect, or containing elements creating sound or smell; except for the scrolling of a static message, scene, or color onto or off a sign board in one direction per message. (5) 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. (6) Awning means a shelter projecting from and supported by the exterior wall of the building and, which is, 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. (7) 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.") , If ......_ _VlIor Figure 1- A owning I)r Canopy Sign (8) 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.") (9) Banner means a sign made of fabric or any nonrigid material with no enclosing framework. (10) Billboard means permanent 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 10cated, but not including civic event signs, signs oriented to the interior of sports fields, government signs, or instructional signs. (11) 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. Page 2 of 23 EXHIBIT --' PAGE-1-0F U- (12) 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. Pi ...::I.i.~i~ii.II~I!.n...... .....".".lli.ifl'~II~'~ ..tH.~ i .: ..:.i II ".Ai:; Figure 2 - Cabinet Sign )Ho ..tV E (13) 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. (14) 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. (15) Canopy sign. See "Awning or canopy sign." (16) Center identification sign means a building-mounted or freestanding sign that identifies the name and/or 10go of a development containing more than one office, retail, institutional or industrial use or tenant and which may separately identify the tenants. (17) Changeable copy sign means a sign whose informational content can be changed or altered (without changing or altering the sign frame, 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. (1S) City means the city of Federal Way, a Washington municipal corporation, unless the context clearly indicates otherwise. (19) Clearview zone means the definition set forth in FWCC 22-1151 et seq. of this Code for intersection sight distance requirements. (20) 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 fratemal organizations, theater and arts groups, and charitable organizations. The event may not be primarily for the purpose of selling or promoting merchandise or services. (21) 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 10cated. Construction signs also include "Coming soon" and "Open During Construction" signs. (22) Copy means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. (23) Directional sign. on-site means a sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs). (24) Electrical sign means a sign or sign structure in which electrical wiring, connections, or fixtures are used. (25) 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. Page 3 of 23 EXHIBIT ~8 PAGE~OF ~ (26) 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. (27) Facade means the entire building front including the parapet. (28) Festoons means a string of ribbons, tinsel, small flags, or pinwheels. (29) Flag means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem or for decoration. (30) 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. (31) Freestanding sign means a sign supported permanently 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." I ''''' ~ Sign ....Igtt Figure 3 - Freestanding Sign (32) Frontage means the length of the property line along any public right-of-way on which it borders. (33) Frontage, building means the length of an outside building wall on a public right-of-way. (34) Fuel price sign means a sign displaying the price of fuel for motorized vehicles. (35) Graffiti means the inscription of symbols, words, or pictures by painting, spray painting or other means of defacing public or private property. (36) Grand opening means a promotional activity used by newly established businesses to inform the public of their 10cation 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 of the business. (37) Ground-mounted sign means a pedestal sign, pole, pylon, monument sign, or any sign permanently affixed to the ground. Page 4 of 23 EXHIBIT ---'-- PAGE-LOF -u.. (38) 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. (39) Height (of a sign) means the vertical distance measured from the highest point of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. (40) 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. (41) Identification sign (subdivision) means freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development. (42) Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. (43) 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). (44) Inflatable advertising device means an advertising device that is inflated 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 larger display. (45) 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. (46) Integral sign means a sign displaying a building date, monument citation, commemorative inscription, or similar historic information. (47) 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. (48) 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. (49) Marquee sign means any sign attached to or supported by a marquee, which is a permanent roof. like projecting structure attached to a building. (50) Menu board means a permanently mounted sign advertising the bill of fare for a drive.in or drive-through restaurant. (51) 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 hannonious with the materials of the primary structure on the subject property. (See drawing set forth in FWCC 22-1602(c)(2), Figure 8.) (52) Multi-tenant complex means a complex containing two or more uses or businesses. (53) Multiuse complex means the definition of "multiuse complex" set forth in FWCC 22-1. (54) 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. (55) 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. (56) 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. . (57) Nonconforming sign means any sign, which was legally 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 of this Code. (58) Notice of determination means the determination that the city issues as to whether a sign conforms to this article and other sections ofthis Code. (59) 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. Page 5 of23 EXHIBIT -'-- PAGE~OF . ~a_ (60) 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 10cated. (61) 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 10cated, 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 ofthe person occupying the subject property. (62) Person means any individual, corporation, association, firm, partnership, or other legal entity. (63) 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 FWCC22-1602(c)(1), Figure 6.) (64) 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 product dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.). (65) Pole or pylon signs means freestanding signs supported permanently upon the ground by poles or braces of 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 and not attached to any building. (See drawing set forth in FWCC 22-1602(c)(1), Figure 7.) (66) 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 10cal, state, or national election or referendum. (67) Portable sign means any sign designed to be maved easily and not permanently 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. (68) 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.). (69) 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. (70) 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." (71) 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. Page 6 of 23 EXHIBIT , PAGE-L-OF a '- DD DD o 0 I I Figure 41- Projecting Sign (72) 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 10ng as such privately owned land has been constructed in compliance with all applicable laws and standards for a public right-of-way. (73) 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 10cated and providing directions to the subject property . (74) Real estate, on-site sign means a sign placed on the subject property and announcing the sale or rental of the subject property. (75) Registration sticker means the sticker that is assigned to a sign that has been inventoried and has been determined to comply with this article and other sections ofthis Code. (76) Roof sign means any sign erected, constructed, or pI aced upon, over, or extends above any portion of the roof of a building or structure, excluding signs affixed to the vertical face of a mansard or gambrel style roof, in which case a roof sign is any sign erected, constructed, or placed upon, over, or extends above the 10west vertical section of a mansard or gambrel roof. (77) Sign means any communication device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, graphics, graphic designs, figures, 10gos, trademarks, and/or written copy for the purpose of: (a) Providing information or directions; or Page 7 of 23 EXHIBIT --L- PAGE-L01= ~ (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. (78) 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 individualletters, 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. Grocery IQI,la101a...,-stnAlwl I "It' "ff "ff' .". lax (IttcHlfe) ::a SIGn Me I Figure 5 - Calculating Sign Area (79) Sign face means the area of a sign on which the colors, words, letters, numbers, symbols, graphics, graphic design, figures, 10gos, trademark and/or written copy is placed. Page 8 of 23 EXHIBIT 8 PAGE~OF -d- (80) Sign inventory sticker means the sticker that is assigned to any sign after it has been inventoried and determined to be a legal nonconforming sign. (81) Sign inventory sticker number means the inventory number that is assigned to a sign after it has been inventoried and determined to be a legal nonconforming sign. (82) Sign registration 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. (83) 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. (84) Temporary sign means a sign not constructed or intended for 10ng-term use. (85) Tenant directory sign means a sign for Ii sting the tenants or occupants and then suite numbers of a building or center. (86) Time and temperature sign means any sign that displays the current time and temperature, without any commercial message. (87) 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. (88) 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. (89) 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. (90) Warning sign means any sign which is intended to warn persons of prohibited activities such as "no trespassing," "no hunting," and "no dumping." (91) Window sign means all signs affixed to a window and intended to be viewed from the exterior of the structure. (Ord. No. 95-235, S 4, 6-6-95; Ord. No. 99-348, S 5,9-7-99; Ord. No. 99-357, S 5, 12-7- 99; Ord. No. 05-486, S 3,4-19-05; Ord. No. 05-487, S 3,4-19-05; Ord. No. 05-504, S 3, 10-4-05) 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. Any nonconforming sign shall be regulated pursuant to FWCC 22-335. (Ord. No. 95-235, S 4, 6-6-95; Ord. No. 99-348, S 5, 9-7-99; Ord. No. 99- 357, S 5,12-7-99; Ord. No. 05-486, S 3,4-19-05) 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 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. Page 9 of23 EXHIBIT ~ PAGE--1lLOF~ (c) Permit expiration and inspection. All sign permits expire one year from the date of issuance. 1fno 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 permit is 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 10nger than 36 inches. No more than two displays are permitted per site. c. Barber poles. d. Construction signs, so 10ng 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 10gos 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 10gos or other forms of advertising are also excluded from 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 10cated 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. 1. 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 10cated 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. Page 10 of23 EXHIBIT~ PAGE-LLOF ~ 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 XLII, 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 ~ ten per property per agent; provided, however, that there shall be a minimum separation of 200 lineal feet between such signs, except thaLggns may be placed less than 200 lineal feet apart when necessary to indicate,"'Lt~lrn or change in direction of travel. The area of such signs shall be no greater than six square feet per sign face. All off-site real estate signs must be removed each day at the conclusion of the open house or other sales event and are permitted only between sunrise and sunset when the seller or the agent are in attendance at the subj ect 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, orin the case of a rental or lease, when the tenant takes possession. x. Temporary business signs for temporary business defined by FWCC ~ Chl:mlt;!--.9..... ArticJ~___~''J1_J,2i~ision 1; 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. bb. Signs on sports field fences not exceeding 32 square feet per sign that are securely attached to the fence, are not protruding above the fence line, and are oriented to the interior of the field. (e) Temporary and special signs. No permit for any sign for any civic event, community service event, special sale/promotional event, grand openings, mural display or scoreboards shall be used unless such sign complies with the sign type, maximum number, maximum sign face area, maximum height, 10cation, duration and all other allowances and limitations for those uses described in Table 1, "Allowances for Temporary and Special Signs - Permit Required." (t) Government signs. The allowable type, number, sign area, height, 10cation, and content of signs used to identify government facilities in residential zones must comply with Table 2, "Sign Allowances for Residential Zones - Permit Required." 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 permit 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, 10cation, Page 11 of23 EXHIBIT3 PAGE; . . a OF-2...L duration and all other allowances and limitations for those uses described in Table 2, "Sign Allowances for Residential Zones - Permit 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 permit requirements. All signs exempt from the permitting 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 conformance with this article. A sign registration 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. The city shall affix the registration sticker containing the registration number to the permitted sign. For signs 10cated in areas annexed to the city, the city will issue a Notice of Determination 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. Table 1 Allowances for Temporary and Special Signs - Permit Required Sign Purpose! Applicable Sign Type Maximum Maximum Sign Area Maximum Height Location Remarks Description Zones Allowed Number Civic event or All Wall-mounted Handled on a Off-site signs, excluding Five feet except On site and 30 days prior to the community banners, case-by-case wall-mounted banners, wall-mounted off site event. Remove within service event temporary basis may be no larger than six signs fi ve days of the close (temporary) portable signs, square feet per face. On of the event inflatable site signs and wall- advertising mounted banners may be devices, search no larger than 32 square lights and feet per face beacons Civic event or All Freestanding One per site The total sign area of Monument signs: Non- Electronic changeable community monument or freestanding monument six feet. residential message signs service event wall sign signs shall not exceed 64 Freestanding :zones: on/off allowed. Signs cannot (permanent) square feet for the total of signs: 12 feet. site. contain commercial all faces and no one face Wall signs shall Residential messages shall exceed 32 square not project above :zones: on site feet. Wall signs shall not the mofline only exceed seven percent of the exposed building face to which it is attached Special sale/ Non-residential Banners only Handled on a Handled on a case-by- Handled on a On site. Special promotions: promotional :zoning districts case-by-case case basi s case-by-case basis Banners must 90 days total per event (e.g., basis be attac hed to calendar year. No anniversary an exposed more than four events sale, etc.) building face per year. Does not include window signs Grandopenings Non-residential Banners, Handled on a Handled on a case-by- Handled on a On site. Grand openings: 30 zoning districts temporary case-by-case case basis case-by-case basis Banners must days. Event must portable signs, basis be attached to occur within 60 days inflatable an exposed of occupancy advertising building face devices, search lights and beacons Mural display Non-residential Painted mural Handled on a Handled on a casc-by- Handled on a Handled on a zoning districts case-by-case case basis case-by-case basis case-by~case basis basis Scoreboards( at All Electronic Handled on a Handled on a case-by- Handled on a Handled on a hletic fields) changeable case-by-case case basis case-by-case basis case-by-casc message sign basis basis Page 12 of23 EXHIBIT --' PAGEAOF -2..L 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 Sign Area Maximum Location Remarks Zone Allowed Number Height Institutional SE, RS, RM Canopy sign One sign for The total sign area of Wall and Subject Internally illuminated . Govt. facility Monument sign each public monument signs shall canopy signs: property: signs are not allowed; . Public park Pedestal sign entrance not exceed 64 square cannot setback five- provided, however, that . Public utility Wall sign providing feet for the total of all project above foot minimum electronic changeable . School direct vehicle faces and no one face the roofline, message signs and access shall exceed 32 square Monument changeable copy signs feet. Wall signs and signs: six are allowed. City may canopy signs shall not feet. Pedestal impose additional exceed seven percent sign: 12 feet limitations on signs to be of the exposed compatible with nearby building face to which residential areas it is attached Recreation SE, RS, RM Canopy sign One sign for The total sign area of Wall and Subject Internally illuminated . Golf course Monument sign each street monument signs shall canopy signs: property: signs are not allowed; . Recreation Pedestal sign frontage not exceed 64 square cannot setback five- provided, however, that area or Wall sign providing feet for the total of all project above foot minimum the electronic clubhouse direct vehicle faces and no one face the roofline. changeable message . Sports field - access shall exceed 32 square Monument signs and changeable Private, non- feet. Wall signs and signs: six copy signs are allowed. commercial canopy signs shall not feet. Pedestal City may impose exceed seven percent sign: 12 feet additional limitations on of the exposed signs to be compatible building face to which with nearby residential it is attached areas Residential SE, RS, RM Monument sign One per Two square feet Wall and Subject Commercial messages dwelling units Wall sign dwelling unit canopy signs: property: not allowed. Internally cannot setback five- illuminated or electrical project above foot minimum signs not allowed the roofline, Monument signs: five feet Subdivision SE, RS, RM Monument sign Two per Two signs per Wall and Subject Commercial messages identification Pedestal sign major entrance totaling no canopy signs: property not allowed. Intemally Pole sign entrance more than 50 square cannot illuminated or electrical Pylon sign feet. No one sign may project above signs not allowed. Signs Wall sign be more than 32 the roofline, may be included as part square feet Monument, of a fence or other pedestal, pole architectural feature or pylon signs: five feet Manufactured RS,RM Monument sign Two per 32 square feet per Wall and Subject Commercial messages home park Wall sign major entrance. Wall signs canopy signs: property: not allowed. Internally identification entrance and canopy signs cannot setback five- illuminated or electrical shall not exceed seven project above foot minimum signs not allowed perccnt of the exposed the roofline. building face to a Monument maximum of 100 signs: five square feet feet Multifamily RM,RS Monument sign Two per 32 square fcet per Wall and Subject Commcrcial messages complex Wall sign major entrance. Wall signs canopy signs: property: not allowed. Phone identification entrance and canopy signs cannot setback fivc- numbers are permitted shall not exceed seven project above foot minimum on wall-mounted signs percent of the exposed the roofline. when not facing another building face to a Monument residential use. Internally maximum of 100 signs: five illuminated or electrical square feet feet signs not allowed Page 13 of 23 EXHIBIT --'-- PAGE .'~ OF-LI. Applicable Sign Type Maximum Maximum Sign Area Maximum Location Remarks Land Use Zone Allowed Number Height Unique SE,RS Handled on a Handled on a Handled on a case-by- Handled on a Handled on a Handled on a case-by- . Cemetery case-by~case case-by-case case basi s case-by-case case-by-case case basis basis basis basis basis Day care or SE, RS, RM Canopy sign One Wall or canopy signs Five feet Subject Electronic changeable pre-school, Monument sign freestanding may not exceed seven property: message signs and excluding Wall sign sign per street percent of the exposed setback five- changeable copy signs Class II home frontage building face to which foot minimum are allowed. City may occupations the sign is attached to impose additional a maximum of 50 limitations on signs to be square feet. The total compatible with nearby sign area for residential areas monument signs may not exceed 20 square feet per sign face. A day eare 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, SE, RS, RM Canopy sign One sign for The total sign area of Wall and Subject Electronic changeable synagogue, or Monument sign each street monument signs shall canopy signs: property: message signs and other place of Wall sign frontage not exceed 64 square cannot setback five- changeable copy signs worship providing feet for the total of all project above foot minimum are allowed. City may direct vehicle faces and no one face the roofline. impose additional access shall exceed 32 square Monument limitations on signs to be feet. Wall signs and signs: five compatible with nearby canopy signs shall not feet residential areas exceed seven percent of the exposed building face to which it is attached (Ord. No. 99-348, 9 5,9-7-99; Ord. No. 99-357, 95, 12-7-99; Ord. No. 05-486,93,4.19-05; Ord. No. 05-487,93, 4-19-05) 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 22-1 599(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). Page 140[23 EXHIBIT 8 PAGE~_OF ~ (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.). (15) Right-of-way signs including any sign in a public right-of-way except governmental signs. (16) Roof signs. (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 of business. (Ord. No. 95-235, ~ 4, 6-6-95; Ord. No. 99-348, ~ 5,9-7-99; Ord. No. 99-357, ~ 5, 12-7-99; Ord. No. 05-486, ~ 3,4-19-05) 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 10w 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. In. addition to the categories available in FWCC 22-160I(a)(I) and (2), a subject property may be permitted an additional freestanding sign if it meets the criteria contained in FWCC 22-1601(a)(4). Separate parcels or pads for single-tenant buildings that comply with all zoning requirements for single-tenant parcels, excluding access, and are not otherwise tied to an adjacent multi-tenant center by virtue of architectural style or theme, are permitted one freestanding monument or pedestal sign not to exceed a maximum sign area of 80 square feet for the total of all sign faces with no one sign face exceeding 40 square feet. (1) High profile sign. a. Criteria. A subject property meeting all of the following criteria is permitted a high profile freestanding sign: 1. A minimum of 250 feet of frontage on one public right-of-way; 2. A zoning designation of city center core (CC-C) or city center frame (CC-F), or community business (Be); 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 po Ie 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; Page 15 of23 EXHIBIT ~ PAGE~OF~ 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 determined 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 10w 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 freestanding sign. b. Sign types. The following sign types are allowed for a medium profile sign: 1. Pedestal signs; and 2. Monument signs. Sign content for any medium profile sign may include electronic changeable messages, center identification signs and/or changeable copy signs. Any medium profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. c. Sign height. The height of a medium profile sign shall be calculated at the rate of 0.75 feet in the sign height for every 10 lineal feet of frontage on a public right-of~way; provided, however, that sign height shall be calculated at the rate of one and one-half feet in sign height for every 10 lineal feet of frontage on a 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 permitted sign with no one sign face exceeding 64 square feet. For other uses, sign area allowed for medium profile sign shall be calculated at the rate of one square foot per 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 permitted 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 sign faces with no one sign face exceeding 25 square feet. e. Number of signs. A subject property qualifying for a medium profile sign may have one pedestal or monument sign for each street frontage. Each street frontage exceeding 300 linear feet and containing more than one vehicular access is permitted one additional freestanding sign. No subject property may contain more than three freestanding signs regardless of total linear street frontage and no one street frontage may have more than two freestanding signs. Freestanding signs shall be 10cated a minimum distance of200 feet from other freestanding signs on the same subject property. Page 16 of23 EXHIBIT ~ PAGE~OF ~ (3) Low profile sign. a. Criteria. A subject property located in the office park (OP) or professional office (PO) zone is permitted a low profile freestanding sign. b. Sign types. The following sign types are allowed for a 10w 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 10w profile sign may be an electrical sign, an illuminated sign, and/or a neon Slgn. c. Sign height. A 10w 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 10w profile sign shall be ca1culated at the rate of one square foot per lineal foot of frontage on a public right-of~way; provided, however, that a 10w 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 feet, and every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet; 2. Tenant directory signs: 15 square feet per sign face. e. Number of signs. A subject property qualifying for a 10w 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) Freeway profile signs. In addition to the categories available in FWCC 22-1601(a)(1) and (2), a subject property may be permitted an additional freestanding sign if it meets the following: a. Criteria. 1. Abuts the right-of-way of Interstate 5; 2. Is located in zoning designation of City Center Core (CC-C), or Community Business (BC). b. Sign type. A pylon or pole sign is allowed provided, that any pylon or pole sign must have more than one pole or structural support; and its design must be compatable to the architecture of the primary structure on site or to the primary sign(s) already permitted on the subject property. Altematively, a pylon or pole sign may have one pole or structural support if it results in superior design, which shall be subject to the director's approval. Sign content for any pylon or pole sign, may include center identification signs provided, however, that all font sizes used are a minumum two (2) feet tall. Any freestanding freeway profile sign may be an illuminated sign, and/or a neon sign. Animated or moving signs and electronic changeable message signs shall not be permitted. c. Sign orientation. The sign must be oriented toward 1-5, be visible from 1-5 (not the off-ramps), and be 10cated near the property line closest to 1-5. d. Sign height. If the subject property has an elevation 10wer than the freeway, a freeway profile sign shall not exceed 25 feet above the elevation of the nearest driving lane of the freeway at a point nearest to the proposed 10cation of the sign. If the subject property has an elevation that is higher than the nearest driving lane of the freeway, then the sign shall be no taller than 20 feet above the average finshed ground elevation measured at the midpoint of the sign base. However, the maximum height of the sign can be increased to 40 feet above the average finshed ground elevation measured at the midpoint of the Page 17 of23 EXHIBIT ____ PAGE tLOF -"- sign base in order to be visible above trees or other obstructions, subject to the director's approval. The sign height shall be measured by a licensed surveyor and the applicant shall be responsible for providing the surveyor. e. Sign area. 1. For a subject property with a multi-tenant complex, a center identification sign identifying only the name of the center shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet. 2. For a subject property with a multi-tenant complex, a center identification sign, which identifies businesses within the multi-tenant complex, and which is located 50 feet or less from the advertised activity shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet. 3. For a subject property with a multi-tenant complex, a center identification sign, which identifies businesses within the multi-tenant complex, and which is located more than 50 feet from the advertised activity shall not exceed 300 square feet for the total sign faces, with no one sign face exceeding 150 square feet. No one dimension ofthe sign face may exceed 20 feet. 4. For a subject property with a multi-tenant complex, a sign advertising just one business shall be located 50 feet or less from the advertised activity with no one sign face exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet. 5. For a subject property with a single-tenant building, a sign 10cated 50 feet or less from the advertised activity shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet. 6. For a subject property with a single-tenant building, a sign 10cated more than 50 feet from the advertised activity shall not exceed 300 square feet for the total sign faces, with no one sign face exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet. f. Number of signs. A subject property qualifying for a freeway profile sign may have only one freeway profile sign per subject property. The applicant shall be responsible for compliance with applicable federal, state and local laws including the Revised Code of Washington (RCW) 47.42 and the Washington Administrative Code (WAC) 468-66. (5) 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; i. Projecting signs; j. Tenant directory signs; k. Time and temperature signs; 1. Under canopy signs; and Page 18 of23 EXHIBIT B PAGE '1-0F-1L 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 Building Face Maximum Number of Signs 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 Buildings with more than 4,000 square feet on any exposed building face, with several clearly differentiated departments, each with separate exterior entrances, are permitted one sign for each different department with a separate exterior entrance, in addition to the five permitted. No sign or signs may exceed the maximum area permitted for that building face except as may be specifically permitted by this code. However, an applicant is allowed to move allotted signs, as calculated in subsection (b)(4) from one building face to another. Each business or use shall be permitted under canopy signs in addition to the other permitted building-mounted signs subject to the size and separation requirements set forth in FWCC 22- 1599( d)(2)(w). (c) Sign area multipliers. The sign area and sign number allowed, as set forth in subsection (a)(I)(d) and (a)(I)(e) of this section for high profile signs, (a)(2)(d) and (a)(2)(e)ofthis section for medium profile signs, and (a)(3)(d) and (a)(3)(e) of this section for 10w profile signs and subsection (b)(3) of this section for building-mounted signs may be increased in the following instances; provided, however, that in no event shall the sign exceed the maximum sign area allowed: (1) If no signs on the subject property have internally lighted sign faces, then the total sign area allowed may be increased by 25 percent. (2) If all signs, other than center identification signs, are building-mounted signs, the total sign area allowed may be increased by 25 percent. (3) A time and temperature sign may be included with any sign and such time and temperature signs shall not be included for purposes of calculating maximum sign area or maximum number of signs. (Ord. No. 95-235, ~ 4, 6-6-95; Ord. No. 96-270, ~ 3(F), 7-2-96; Ord. No. 99-348, ~ 5, 9-7-99; Ord. No. 99-357, ~ 6, 12-7- 99; Ord. No. 05-486, ~ 3,4-19-05; Ord. No. 05-504, ~ 3, 10-4-05) 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. Page 19 of23 EXHIBIT --B-. PAGE~OF -U.; (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 EJ-r Figure 6 - Type A Pedestal A~50%ofB A ~ 50% of D B "" Height of sign (maximum height - FWCC 22-1601) C ;:: 20% of B =.~ .... ... ....~ .. ~ .......It fIMIIIId,..- ..... t "'lgure 7 - Type B role or Pylon 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: Page 20 of 23 IExriU91T ~ PAGE~OF --Ll- 1 Figure 8 - Monument 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 subject 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. b. Sign face. The color, shape, material, lettering and other architectural details of the sign face must be harmonious 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 10cated so as to physically obstruct any door or exit from a building. No sign shall be 10cated 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 c1earview 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, at 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. 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: Page 21 of23 EXHIBIT --L- PAGE 2 ~OF -LI- (1) Any exposed incandescent lamp with a wattage in excess of25 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) Externallight 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 determine 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, S 4, 6-6-95; Ord. No. 99-348, S 5, 9-7-99; Ord. No. 99-357, S 5, 12-7-99; Ord. No. 05-486, S 3,4-19-05) 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 will review and decide upon applications for a variance to any of the provisions of this article using process IV, Article VII ofthis Code. (c) Criteria. The city may grant the variance only ifit finds all of the following: (1) The literal interpretation and strict application of the provisions and requirements of the sign regulations would cause un.due 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 permitted to other properties in the vicinity and zone in which the subject property is 10cated; (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 ofthe property or a self-induced hardship; and (6) The granting of the variance will 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 10cated. (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 performance bond under FWCC 22-1599(i) to insure compliance with any such condition or restriction. (Ord. No. 95- 235, S 4,6-6-95; Ord. No. 97-291, S 3,4-1-97; Ord. No. 99-348, S 5,9-7-99; Ord. No. 99-357, S 5, 12-7-99; Ord. No. 05-486, S 3, 4-19-05) Page 22 of 23 EXHIBIT J ,', PAGE-Ll.OF .ll 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 10cal regulations relating to signs, including without limitation the provisions of the International Building Code and the National Electric Code as adopted in FWCC 5w66 by the city. If any provision of this 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 shaH 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) Administrativejee. 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. (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 1 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. (0 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 10cated, 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 I 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 I FWCC, Article III, the city or its agents may summarily remove any sign placed on a rightwof-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; Ord. No. 05-486, ~ 3, 4-19~05) 22-1605 Reserved - Comprehensive design plan. (Ord. No. 95.235, ~ 4, 6-6-95) 22-1606 - 22-1629 Reserved. T:\2006 Code Amendments\Real Estate Signs\Planning Commission\Code Language.doc Page 23 of 23