LUTC PKT 03-20-2006
City of Federal Way
City Council
Land Use/Transportation Committee
March 20th, 2006
5 :30 p.m.
City Hall
Council Chambers
MEETING AGENDA
I. CALL TO ORDER
2. APPROVAL OF MINUTES: March 6th, 2006
3. PUBLIC COMMENT (3 minutes)
4. BUSlNESS ITEMS
A. South 356th Street at SR 99 Intersection Improvements Project-
30% Design Status Report
B. Grant Funding for Transportation Improvement Projects
C. Gravel Streets Policy
D. Comprehensive Plan Amendment Selection Process - Lee, Yen, &
Lifeway Church
E. Off-Site Real Estate Signs Code Amendment
F. Planning Staff Position Request
G. Proposed Resolution to Grant Noise Variance to WSDOT
5. FUTURE MEETINGS/AGENDA ITEMS
6. ADJOURN
Action 10 min / Salloum
Action 5 min / SaJloum
Action 10 min / Miller
Action 20 min / Clark
Action 10 min / Clark
Aet ion 5 min / Fewins
Action 10 min / Kirkpatrick
Committtt Members
Jack Dowry. Chair
Eric Faison
Dean McColgan
G: 1.J.1.TTt. ~ILf m' Agt'nJa,~ ond Sllmm.om'.~ 10()6~v3~20-u6 Ll Tn.' Agenda.JoL"
City Staff
Cmy M Roe, F.E., Publ,c Works Direcror
Marianne Lee, Admmwrative Assistant
253-835-2701
City of Federal Way
City Council
Land Use/Transportation Committee
March 6th, 2006
5:30 pm
City Hall
Hylebos
MEETING MINUTES
In attcndance: Committee chair Jack Dovey; Committee member Dean McColgan; Committee member Eric Faison; Council
Member Jeanne Burbidge; Council Member Linda Kochmar; Interim City Manager Derek Matheson; Public Works Dircctor
Cary Roe; Community Development Director Kathy McClung; Street Systems Manager Marwan Salloum; Surface Water
Manager Paul Bucich; City Traffic Engineer Rick Perez; MIS Director Iwen Wang; Senior Planner Margaret Clark; Deputy
City Attorney Karen Kirkpatrick; Streets Project Engineer Al Emter; Streets Systems Engineer John Mulkey; and
Administrative Assistant II Marianne Lee.
A. CALL TO ORDER
Councilman Dovey called the meeting to order at 5:32 pm.
B. APPROVAL OF MINUTES
The February 6th, 2006, minutes were approved.
C. PUBLIC COMMENT
none
D. BUSINESS ITEMS
A. 2006 Asphalt Overlay Project Bid A ward
Cmte PASSED staffrecommendation to the March 21 st, 2006 Council Consent Agenda.
B. S 336th Street @ 1st Way South Intersection Improvement Project Bid Award
Cmte PASSED staff recommendation to the March 21 st, 2006 Council Consent Agenda.
c. S 320th Street @ 1st Avenue South Intersection Improvements Projects - 85% Design Status Report
Cmte PASSED staff recommendations on to the March 21 st, 2006 Council Consent Agenda.
D. S 373rd Street Bridge Replacement - WSDOT & LUn ILA's
Cmte PASSED staff recommendations on to the March 21st, 2006 Council Consent Agenda.
E. Joe's Creek Habitat Restoration Project - 100% Authorization to Bid
Cmte PASSED staff recommendations on to the March 21 st, 2006 Council Consent Agenda.
Items A -E: MOVED, SECONDED & PASSED Unanimously.
F. Comprehensive Plan Amendment Selection Process
Margaret Clark presented background information on all 12 of the requested changes.
I. Quadrant - Cmte PASSED staff recommendations on to the full Council.
Moved: McColgan Seconded: Faison Passed: Unanimously
2. Trimble - Cmte PASSED staffreconnnendations on to the full CounciL Cmte voted on setting it at 9.6.
Moved: McColgan Seconded: Dovey Passed: Unanimously
Committee members agreed that staff needed proofthat the Trimble's neighbors would join in the request and that
Mr. Trimble accepted the change in his land use request from SE (Suburban Estate) to RS9.6. With that verified,
they would not have a problem accepting his request. Chair Dovey asked why not move all the way to RS9.6, since
the surrounding area already is?
G. \LlJTC\LVTC' Agendas and SummaJies. 2006\03-0<>-06 LIJTe Minutes.doc
~~~d Use/Transportation Committee
Page 2
December 19'\ 2005
3. Lee - Cmte dirccted staff to do additional research on area-wide costs (includes #3 & #10) and bring them back to
LUTC on March 20th.
Moved: McColgan Seconded: Don:y Passed: Unanimously
Chair Dovey noted that Daniel Lee wants the same thing as Lifeway Church (#10), to bc rezoned to a higher density.
Mr. Lee is currently zoned at RS 15 and wants to be at RS9.6. Gil Hulsman, representing Lifeway Church, also
spoke. He noted that they and their neighbors are ready to go. Waiting hurts them financially, Lifeway wants to be
rezoned to RS7.2. Staff does not want to set a precedent of rezoning to 7.2, but might find 9.6 acceptable given the
area. Committee member Faison asked Mr. Hulsman if the church would accept 9.6. He said that it could, assuming
the grid roads are connected and isolated areas are dealt with. PW Director Cary Roe noted that part of staff's
hesitancy is a result of the intersections on SR99 that would be impacted by the development of both ofthese sites.
The affectcd intersections arc already at a failing Level of Service (LOS) and arc Transportation Improvement
Projects (TIP). Increased density will exacerbate the problem before the City can begin correcting it. Committee
Chair asked, if the developments equal 30 additional cars, how much will that impact traffic? "Ibe committee agreed
that this should be further researched this year. They directed staff to get the numbers back on how much it would
cost to study the area before Land Use and Transportation Conunittee on March 20th, 2006.
4. GramOT - Cmte revers cd staff recommendations on to the full Council and directed staff to contact the School
District. Margaret Clark confirmed that staff will contact them.
Moved: McColgan Seconded: Faison Passed: Unanimously
5. Rodia - Cmte PASSED staffrecommendations on to the full CounciL
Moved: Faison Scconded: McColgan Passed: Unanimously
6. Velasco - Cmte PASSED staff recommendations on to the full CounciL
Moved: McColgan Seconded: Faison Passed: Unanimously
7, Bonney Watson - Cmte PASSED staff recommendations on to the full Council.
Moved: McColgan Seconded: Faison Passed: Unanimously
8. Taylor - Cmte PASSED staff recommendations on to the full Council.
Moved: McColgan Seconded: Dovey Passed: Unanimously
9. Yen - Cmte directed staff to look at the issue comprehensively and report back to LUTC on March 20th.
Moved: McColgan Seconded: Dovey Passed: Unanimously
. Committee Member McColgan asked why Linda Yen is asking to rezone from BP to BC Staff responded that
developers say BP won't sell. Staff noted that DC in this area does not fit into the city's plans. Committee member
Faison asked if the City would end up with an oversupply of BC? Faison suggested staff study whether BC is better
than BP, looking at the entire area between 348th & 356th on SR99. Staff directed to rcsearch issue and report back
to LUTC
10. Lifeway Church - Cmte directed staff to do additional research on area-wide study costs (includes #3 & #10)
and bring it back to LUTC on March 20th.
Moved: McColgan Seconded: Do\t)' Passed: Unanimously
II. Magnum Construction - Cmte reversed staff recommendation and will NOT move this revision forward.
Movcd: McColgan Seconded: Dovey Passed: Unanimously
Jack Hundun, of Magnum, agreed with staff recommendation. Committee member Faison asked how creative the
designs of the company are. Committee member McColgan asked staff for the current ratio of single-family to
multi-family dcvelopment. Chair Dovey noted that Federal Way became a City because residents did not want any
more multi-family development.
12. Waller Road - Cmte reversed staffrecommendations on to the full Council.
Moved: McColgan Seconded: Dovey Passed: 2-1, Faison opposed_
Cmte PASSED the recommcndations as notcd above_ Items #3 (Lee), #9 (Yen), and #10 (Lifeway Church) will go
back to the LUTe on March 20th. All items will be sent 10 Council as a group, at a future date.
G:\LUTC\LUTC Agendas and SUTnm:'l:riC's 2006\03-06-06 I.UTe Minutes,doc
Land Use/Transport~tion Committee
Page 3
December. ) 9th, 2005
Committee member Dean McColgan said that he supports non-aerial light-rail was excused at this point and did not
participate in items 'g' or 'h',
G. Sound Transit Phase II
Rick Perez presented background information on Sound Transit's request for comment on its Phase JI plan. The plan
estimates a worst-case cost scenario of an all-aerial track along SR99 with three stations at current Park-N-Ride
locations,
Cmte PASSED staff recommendations on to the March 21st, 2006 Council Consent Agenda.
Moved: Faison Seconded: Dovey Passed: Unanimously (McColgan not attending)
Chair Dovey posed the primary questions for the Committee's consideration:
QI: Does the Committee support Light Rail (of any sort) in Federal Way?
AI: Committee member Faison said yes, Councilwoman Kochmar said that she needed more information. Chair
Dovey said yes, as did Councilwoman Burbidge.
Q2: What alignment does the Committee/Council support? i) SR99 @ grade will stimulate economic development
but mean shorter trips. It will not solve commuter issues. ii) 1-5 alignment will be faster and move more people.
Cary Roe asked what points staff should capture for the letter, due to ST by the 21 st? Councilwoman Kochmar noted
that putting light rail in the median along SR99 is the best choice, but noted that there is no median on SR99 south
of 3561h. The City needs to get public input and she wants more information on elevating the track over major
intersections. Committee member Faison prefers no elevation. Chair Dovey stated that the City wants to send a
strong letter supporting light rail; the details can be worked on later. Federal Way is interested in light rail from both
directions (north and south). Committee members directed Rick to draft a letter to send to ST.
H. Repeal Citizen Advisory Committee Provision contained in Ordinance 95-420
Cmte PASSED staff recommendation on to the March 7th, 2006 Council Consent Agenda.
Moved: Dovey Seconded: Faison Passed: Unanimously (McColgan not attending)
5. FUTURE MEETINGS
The next scheduled meeting will be March 20th, 2006.
6. ADJOURN
The meeting adjourned at 7:52 p.rn.
G:\LUrCllUTC Agendas and Snmmar;" 2006\03-0~-0<> LUTe M;nutes.doc
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
.FROM:
SUBJECT:
March 20, 2006
Land Use and Transportation Committer::7\\r-
Derek Matheson, hltenm City Manager V ~~ 11
Cary M Roe, P.E., Director of Public Works-
Marwan SaIIoum, P.E., Street Systems Manager
South 356th Street at SR 99 Intersection Improvements Project;
30% Design Status Report
POLICY QUESTION:
Should the Council authorize staff to proceed with design of the South 356th Street at SR 99 Intersection
Improvements Project and return to the Council at the 85% design completion for further reports and
authorization?
BACKGROUND:
This project will realign the east leg of South 356th Street to line up with the west leg. South 356th Street 'will be
widened to 2 thru-lanes and a left-turn lane westbound and 2 left~turn lanes, a thru-lane and 'a right~turn lane
eastbound. Pacific Highway South (SR 99) will be widened to 2 thru lanes a right turn lane and a left-turn lane
southbound and 2 thru-lanes and 2 left-turn lanes northbound. The traffic signal bridge structure will be replaced
to accommodate the added lanes.
The following provides a brief synopsis of the progress on this project to date. Currently, the project design is
approximately 30% complete, which includes the following completed tasks:
. The Topographical Surveys
. The Geotechnicallnvestigation
. SEP A Submittals
. Channelization Plans
. Project Design to 30%
Ongoing Tasks Include:
. SEP A Approval and Project Permitting
. Value Engineering Study
. Right of Way Requirements (Property Appraisals, Review Appraisals Negotiation and
Acquisition)
. Project Open House scheduled for July 2006
. Project Design to 85%
PROJECT ESTIMATED EXPENDITURES:
Planning and Design
ROW Acquisition
Construction cost 2007 ( estimate)
30tYo Construction Contingency
Construction Management (12%)
$1,045,000
2,000,000
3,540,000
1,062,000
552,240
TOTAL PRO.JECT COSTS
$8,199,240
March 20, 2006
Land Use and Transportation Committee
South 356th Street at SR99 Intersection Improvements Project - 30% Design Status Report
Page 2
A V AII"ABLE FUNDING:
Till Grant Fund
Budgeted City Match (03)
Interest
Mitigation
TOTAL AVAILABLE BUDGET
$378,210
$1,120,000
$74,253
$1,089,849
$2,662,312
Given the project currently has a funding shortfall of $5,536,928, staff anticipates applying to the Transportation
Improvement Board (TIB) for grant funding to construct the project. The TIB grant application would be submitted
assuming a 60/40 split of the project cost or $4,617,144 TIB grant and $3,078,096 as city match. With $2,284,102 of
City/mitigation funds currently available, the City would need to provide an additional $793,994 to satisfy the City
match amount, assuming a successful grant application.
In 2005 Staff applied and was not successful in obtaining TIB funding for this project. To improve the project score
staff is proceeding with the design, environmental approval process and the Right of Way acquisition to qualify as a
construction-ready project in an effort to get five additional points, thus making the project more competitive for the
2006 TIB grant funding cycle.
OPTIONS:
I. Authorize staff to proceed with present design of the South 356th Street at SR 99 Intersection
Improvements Project and return to LUTC Committee at the 85% design completion stage for
further reports and authorization.
2. Do not authorize staff to proceed with finalizing the present design of this project and provide
direction to staff.
81' AFF RECOMMENDATION:
Staff recommends forwarding Option 1 to the April 4, 2006 City Council Consent Agenda for approval:
Authorize staff to proceed with design of the South 356th Street at SR 99 Intersection Improvements Project
and return to LUTC Committee at the 85% design completion stage for further reports and authorization"
COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the April 4, 2006 City Council Consent Agenda.
cc: Project File
IYdY File
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
March 20, 2006
Land Use and Transportation CommitteeUrv---
Derek Matheson, Interim City Manager V~ /J
Cary M Roe, P.E., Director of Public Works
Marwan Salloum, P.E., Street Systems Manager
Grant Funding for Transportation Improvement Projects
POLICY QUESTION:
Should City Council authorize staff to submit grant applications for transportation improvement projects?
BACKGROUND
This memorandum provides the Council with the current funding availability of new grant funding programs for
transportation projects. Staff has evaluated all projects listed on the City's Six Year Transportation Improvements
Plan (TIP) and concluded that the following project will likely be competitive in the 2006 PSRC - STP/CMAQ
Regional Competition funding cycle.
Project (Funding Phase) Estimated
Grant Project Cost
Pacific Highway S HOV Phase IV (Dash Point Road to S 312lh Street)
(Design, Right of Way and Construction)
PSRC Regional (Federal Funds) $16,625,000
Possible Grant Fund
Required City
Match
$6,912,000
$1,078,750
OPTIONS:
I. Authorize staff to submit a grant funding application for the following transportation improvement
project:
. Pacific Highway S HOV Phase IV (Dash Point Road to S 312th Street)
2. Modify the project for which staff should submit a grant-funding application.
3. Do not submit any grant funding application for these projects in 2006.
STAFF RECOMMENDATION:
Staff recommends placing option #1 on the April 4, 2006 Council Consent Agenda:
Authorize staff to submit grant-funding applications for the following transportation safety improvement
projects:
. Pacific Highway S HOV Phase IV (Dash Point Road to S 312th Street)
COMMITTEE RECOMMENDATION:
Council recommends placing option #1 on the April 4, 2006 Council Consent Agenda.
cc: Project File
Day Fi Ie
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
March 20t\ 2006
Land Use and Transportation Committee~
Derek Matheson, Interim City Manager V ~
Cary M. Roe, P .E., Public Works Director ,
Ken Miller, P.E., Deputy Public Works Director ~
Gravel Roads in City Rights of Way Maintenance Policy
FROM:
SUBJECT:
POLICY QUESTION:
Should the Council change the current policy of not maintaining gravel streets? If so, what would be the
maintenance frequency (grading/graveling)? Also, how feasible and what would be the estimated costs to
asphalt the existing gravel streets in the City?
BACKGROUND:
At the December 19,2005 LUTC meeting the Council directed staff to grade and gravel SW 300dl Street which
has been completed and bring back to the Committee options and costs for maintaining the gravel streets
including an estimated cost to asphalt them. Staff has prepared an initial maintenance cost per square foot and
an ongoing maintenance cost for the gravel roads in the City. The initial maintenance cost is higher due to the
additional work required to bring the road up to a standard where they can be maintained.
There are two categories of gravel roads used in the following analysis for maintenance costs. The first is gravel
roads in existing City right of way and the second is gravel roads in the vacated "Ballinger Act" areas. The
second category of gravel roads is located in plats recorded prior to 1904 and where none of the roads were
opened within 5 years; here the right of way is automatically vacated by law under the statute. Therefore the
City does not currently have any responsibility or authority to maintain these private roads.
Estimated Costs to Maintain the Gravel Road Twice a Year (Spring and Fall) and Pave the roads in the
Existing City Right-or-Way
Miles Initial Cost Cost per Ongoing
Maintenance Annual Cost
0.89 $ 54,021 $ 43,801 $ 87,602
Asphalt Costs
$ 168,643
Estimated Costs to Maintain the Gravel Roads Twice a Year and to Pave the roads in the Ballinger Areas
(East Tacoma Addition and East Side Addition)
Miles Initial Cost Cost per Ongoing
Maintenance Annual Cost
1.39 $ 91,727 $ 74,373 $ 148,746
Asphalt Costs
$ 253,627
The "Asphalt Costs" above do not include: survey, property acquisition, environmental mitigation, surface water
detention, water quality and design. This cost estimate is low since, in addition, there could be "sensitive areas".
Once preliminary engineering and a more detailed cost analysis have been done the costs will probably increasc
significantly. The scope of the work that would occur in the south end of the City in the Ballinger area is
significantly more than the work that would occur to maintain and/or pave the existing rights of way that are of
relatively short length and located throughout the City (see attached map). If the Council elected to pave the
existing gravel streets staff would nced to develop a more detailed cost estimate and implementation schedule.
The Ballinger area is also "under developed" and there are currently proposals in the area to improve the
March 20, 2006
Land Use and Transportation Committee
Gravel Roads in City Rights of Way Maintenance Policy
Page 2
infrastructure including roads, drainage and sanitary sewer. There are also fewer complaints received from the
residents in this area regarding gravel roads.
OPTIONS:
Existing Gravel Streets in City Right of Way
I. Provide direction to staff to maintain the gravel roads in "existing City right of way" twice a year
(Spring and Fall). The initial cost would he $54,021 and the additional yearly ongoing costs would be
$87,602. Staff recommends not maintaining gravel roads that function as a driveway and service only
one or two homes.
2. Provide direction to staff to develop a program to pave the gravel roads in "existing City right of way"
(servicing more than two homes) to be implemented over the next two to five years as a part of the
asphalt overlay program or by the street maintenance crew depending upon location of the work.
During the transition period provide an "as requested" maintenance service to the existing gravel
roads.
3. Where there is proposed development or if property owners do not wish to receive maintenance along a
gravel road or there is a severe drainage problem in the existing right of way, delay the maintenance
and paving.
Existing Gravel Streets in Ballinger Area
4. Do not maintain the gravel roads in the "Ballinger" area until such time the right of way is deeded to the
City in conjunction with a development.
5. Mail a survey to the property owners in the "Ballinger" area to determine if there is sufficient interest to
deed right of way and participate in improving the infrastructure in the area. Any estimate of
infrastructure improvements costs would require funding for: preliminary engineering, survey and
environmental work.
STAFF RECOMMENDA TION:
Staff requests direction and input from the Committee on how to proceed.
COMMITTEE RECOMMENDATION:
Forward the recommendation of the Committee to Council.
cc: Project File
Day File
Gravel Roads/Ballinger Code Areas
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CITY OF FEDERAL WAY
MEMORANDUM
DATE: March 20, 2006
TO: Land Use and Transportation Committee
VIA: Derek Matheson, Interim City Managcr
FROM: Margaret Clark, Senior Planner
SUBJECT: Comprehensive Plan Amendment Selection Process - Lee, Yen, & Lifeway Church
Due to the amount of information to be gathered by the Community Development department and the
Surface Water and Traffic divisions of the Public Works department this agenda item was not completed
in time to be included in the LUTC packet.
The completed agenda item will be hand delivered to committee members at the LUTe.
~
CITY OF . ." -7
Federal Way
PLANNING COMMISSION
RECOMMENDATION
March 9, 2006
To:
Jack Dovey, Chair
Land Useffransportation Committee ~~) __
Derek Matheson, Interim City Mana~ v
Kathy McClung, Director of Community Development Services ~
Margaret H. Clark, AICP, Senior Planner ~ .
VIA:
FROM:
SUBJECf:
Amendments to Federal Way City Code (FWCC) Chapter 22, Article XVIII, "Signs"
MEETINoDATE: March 20, 2006
I. POLICY QUESTION
Should the City of Federal Way adopt the code amendments to the Federal Way City Code
(FWCC) Chapter 22, Article XVIII, "Signs," as shown in Exhibit A of Exhibit J?
II. BACKGROUNDI PURPOSE OF THE PROPOSED AMENDMENTS
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 200 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 of travel (Exhibit A afExhibit 2). At a December 6,2005, public hearing, the
City Council detennined that this code amendment should go forward for further review. A
Detennination of Non significance was issued for this proposed code amendment on January 18,
2006. 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
FWCC Section 22-1599(w), "Real Estate Signs," limits offsite real estate signs 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 of Exhibit 2), 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. Allowing an
increase in the maximmn allowable number of off-site real estate signs per property per agent from six to
ten would allow adequate signage when access to the property for sale is from two major directions. Other
minor changes intended for clarification are also being proposed.
IV. PLANNING COMMISSION RECOMMENDATION
1be Planning Commission conducted a publie hearing on February 15,2006. The staff report to
the Planning Commission is attached as Exhibit 2 and a summary of public testimony is contained
in the meeting minutes (Exhibit 3). During the Planning Commission public hearing, Sam Pace,
Housing Specialist with the Seattle-King County Association of Realtors, submitted an analysis
regarding real estate signs (Exhibit 4) and a copy of his testimony to the Planning Commission
(Exhibit 5). The Planning Commission recommended approval of the staffs recommendations
with no changes (Exhibit A of Exhibit 1) and as shown in the following section.
V. SUMMARY OF PROPOSED AMENDMENTS AS RECOMMENDED BY PLANNING COMMISSION
Proposed new language is shown as underline and language proposed to be deleted is shown as
strikoout (Exhibit A of Exhibit 1).
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 22~1 599(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 of this chapter.
(x) Temporary business signs for temporary business defined by FWCC ~ Chapter 9.
Article VII. Division 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.
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 s* 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 placed less than 200 lineal feet apart when necessary to
Planning Commission Recommcndation to thc Land Useffransportation Committee
Amendments to Federal Way City Code (FWCC) Chaptcr 22, Article XVIII, "Signs"
March 9,2006
Pagc 2
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
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 subject property.
VI. . LAND USEITRANSPORT A TlON COMMITTEE OPTIONS/STAFF RECOMMENDATION
The Committee has the following options:
1. Recommend that the full Council adopt an ordinance approving the proposed code
amendments as recommended by the Planning Commission (Exhibit A of Exhibit 1).
2. Recommend that the full Council modify and then approve the proposed code
amendments.
3. Recommend that the full Council disapprove the proposed code amendments.
Staff recommends that the LUTe recommend to the full Council Option No. I above, that is,
adoption of the Planning Commission's recommendations.
VIII. LAND USEITRANSPORTATION COMMITTEE RECOMMENDATION
The LUTC forwards the proposed amendment to the full Council for first reading as follows:
As recommended by Planning Commission.
As recommended by Planning Commission and amended by the LUTe.
LIST OF EXHIBITS
Exhibit I Draft Ordinance with Exhibit A - Proposed Code Amendments as Recommended by the
Planning Commission
Exhibit 2 Staff Report for the February 15,2006, Planning Commission Meeting with Exhibits A and B
Exhibit 3 Minutes of February 15, 2006, Planning Commission Meeting
Exhibit 4 Analysis of Municipal Ability to Maintain Real Estate-Specific Sign Regulations in Light of
Ballen v. Redmond
Exhibit 5 Copy of Sam Pace's Testimony
1:\2006 Code Amendments\ReaJ Estate Signs\LUTC\PC Rcc Staff Report to LUTC.doc/3/10/2006 11:04 AM
Planning Commission Recommcndation to the Land Usc/Transportation Committee
Amendments to Federal Way City Code (FWCC) Chaptcr 22, Article XVIII, "Signs"
March 9, 2006
Page 3
ORDINANCE NO. 06 -
EXHIBIT t, ,
PAGE-L-OF -L--
CITY OF FEDERAL WAY
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY
CODE (FWCC) CHAPTER 22, ARTICLE XVIII, ~~SIGNS," RELATED TO
THE SEPARATION REQUIREMENT FOR OFFSITE REAL ESTATE
SIGNS AND INCREASING THE NUMBER OF SIGNS PER AGENT PER
PROPERTY (AMENDING ORDINANCE NO'S. 90-43, 91-113, 92-135, 92-
144,95-235,96-270,97-307,99-342,99-348,99-357, 01-398, 05-486, 05-504)
WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly
revised the Federal Way City Code (FWCC) Chapter 22 (Zoning);
WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22, Article XVllI, "Signs,"
meets the intent of Chapter 36.70A RCW, Growth Management;
WHEREAS, the City of Federal Way finds that these code amendments will implement and are
consistent with the Federal Way Comprehensive Plan;
WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code
amendments on February 15, 2006, and forwarded a recommendation of approval to the City Council;
WHEREAS, the Land UsefTransportation Committee of the Federal Way City Council considered
these code amendments on March 20, 2006, following which it recommended adoption of the text
amendments as recommended by the Planning Commission;
WHEREAS, the City Council finds that the code amendments to reduce the 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 of travel and to increase the maximum allowable number of off-site
real estate signs per property per agent from six to ten are consistent with the intent and purpose of
FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general
public.
Ord No. 06 -
,Page I
EXHIBIT --L--
PAGE ~ OF J
Now, THEREfORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Councll of the City of Federal Way
finds that thc proposed code amendments will protect and will not adversely affect the public health,
safety, or welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law
with respect to the decisional criteria necessary for the adoption of the proposed amendments:
1. The proposed FWCC text amendments are consistent with, and substantially implement,
the Federal Way Comprehensive Plan goal to encourage success of businesses in Federal
Way by directing potential buyers to properties for sale thereby assisting both the real
estate community and potential buyers.
2. The proposed FWCC text amendment bears a relationship to the public health, safety,
and welfare because directing potential buyers to properties for sale may result in
successful real estate transactions, which has a direct impact to the City's tax base,
thereby providing money for City services and amenities.
And
3. The proposed FWCC text amendments are in the best interest of the residents ofthe City
because it assists the real estate community while still limiting the number and location of
signs, minimizing visual impact.
Section 3. Amendment. FWCC Chapter 22, Article XVIII, "Signs," is amended as set forth in the
attached Exhibit A.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder ofthe ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effective datc of this
ordinance is hereby ratified and affirmed.
Ord No_ 06..
, Page 2
EXHIBIT ,
PAGE ~.. OF.l
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
day of
,2006.
the
APPROVED:
Mayor, Mike Park
ATTEST:
City Clerk, Laura Hathaway, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERIC
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO:
1:\2006 Code Amcndmcnts\Real Estale Signs\LUTC\Adoption Ordinance,doc/3/1O/2006 10:57 AM
Ord No. 06-
, Page 3
EXHIBIT A
Federal Way City Code
Chapter 22. Article XVIII.
SIGNS
Sections:
22-1596 Purpose.
22-1597 Definitions.
22-1598 Scope.
22-1599 Permits.
22-1600 Prohibited signs.
22-1601 Signs in nonresidential zoning districts.
22-1602 Construction standards.
22-1603 Variance from sign code.
22-1604 Compliance and enforcement.
22-1605 Reserved - Comprehensive design plan.
22-1606 - 22-1629 Reserved.
22-1596 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 location of signs;
(4) Support and enhance the economic well-being of all businesses within the city, and in
particular recognize the needs of all businesses to identify their premises and advertise their products;
(5) Assure equal protection and fair treatment under the law through consistent application of the
regulations and consistent enforcement;
(6) Provide 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, S 4, 6-6-95; Ord. No. 99-348, S 5, 9-7-99; Ord. No. 99~357, ~ 5, 12-7-99; Ord. No. 05-
486 ~ 3,4-19-05)
Page I of 23
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:
(I) Abandoned sign means any sign remaining in place after a sign has not been maintained for a
period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180
consecutive days.
(2) Administrator means the director of community development or hislher 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 shan 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 appearanee 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 canopysign 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.")
~
,
---
--
Figure 1- Awning or 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, umeIated to any use or activity on the subject property on which the sign is
located, but not including civic event signs, signs oriented to the interior of sports fields, government
signs, or instructional signs.
Page 2 of 23
(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.
(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.
B"j/.et"", '.. .".",/%:IV":>"
!l~'*":'~~ : ,"",;.., '1'('["\ ::"'. '
ii:;;' " > I
jj.. ".. ...',:
Jp * E
Figure 2 - Cabinet Sign
(13) Canopy - Building means a rigid, multi-sided structure covercd with fabric, metal, or other
material and supported by a building at one or more points or extremities and by colunms 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 logo 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 mcans 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.
(18) City means the city of Federal Way, a Washington municipal corporation, unless the context
clearly indicates othctwise.
(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 fraternal 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 located.
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.
Page 3 of 23
(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.
(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
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IIl!S I:' ~ <
"" I
Sign
....Igli
'- '-
Figure 3 - Freest..mting 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 location and services available to the community. A grand opening does not mean an
annual or occasional promotion of retail sales or other services, and does not include a change in
ownership, remodeling, or other change incidental to the initial establishment 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
(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) lnstrnctional 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, connnemorative
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 harmonious with the materials of the primary structure on the subject property. (See
drawing set forth in FWCC 22-I602(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- I.
(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) Nonconfonning 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 of this Code.
(59) Obsolete sign means a sign that advertises a product that is no longer made, a business that is
Page 5 of 23
no longer in operation, or an activity or event that has already occurred, except for historical signs.
(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 located.
(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 located, including without limitation signs indicating the
business transacted, principal services rendered, and goods sold or produced on the subject property, or
name of the 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 FWCC 22-1602(c)(I), 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)(I), 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 local, state, or national election or referendum.
(67) Portable sign means any sign designed to be moved 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
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Figure 4- Projecting Sign
(72) Public right-ofway means land owned, dedicated or conveyed to the public, used primarily
for the movement of vehicles, wheelchair and pedestrian traffic and land privately owned, used primarily
for the movement of vehicles, wheelchair and pedestrian traffic, so long as such privately owned land has .
been constructed in compliance with all applicable laws and standards for a public right-of~way.
(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 located 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 of this Code.
(76) Roof sign means any sign erected, constructed, or placed 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 lowest 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, logos, trademarks, and/or written copy for
the purpose of:
(a) Providing information or directions; or
Page 7 of 23
(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 individual letters, numbers or symbols using a
canopy, awning or wall as the background, without added decoration or change in the canopy, awning or
wall color, have sign area calculated by measuring the perimeter enclosing each letter, number or symbol
and totaling the square footage of these perimeters.
Grocery
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Figure 5" - Caltulating Sign Area
(79) Sign face means the area of a sign on which the colors, words, letters, numbers, symbols,
graphics, graphic design, figures, logos, trademark and/or written copy is placed.
Page 8 of 23
(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 long-term use.
(85) Tenant directory sign means a sign for listing 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) Warningsign 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, 9 4, 6-6-95; Ord. No. 99-348, 9 5,9-7-99; Ord. No. 99-357, 9 5, 12-7-
99; Ord. No. 05-486,9 3, 4~19-05; Ord. No. 05-487, 9 3,4-19-05; Ord. No. 05-504,93, 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. 95-235,94,6-6-95; Ord. No. 99-348, S 5, 9-7-99; Ord. No. 99-
357,95,12-7-99; Ord. No. 05-486, 9 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 of 23
(c) Permit expiration and inspection. All sign permits expire one year from the date of issuance. If no
work was initiated to install or construct any part of the sign, the permit for such sign expires six months
from the date of issuance. All signs for which a pennit 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) Penn it 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 longer than 36 inches. No more than two displays are permitted per site.
c. Barber poles.
d. Construction signs, so long as such signs are limited to two signs per project and each sign
does not exceed 32 square feet per sign face and 10 feet in height. Construction signs shall not be
displayed prior to issuance of a building permit and shall be removed prior to the issuance of a certificate
of occupancy. One "Coming Soon" or "Open During Construction" sign per site entrance is also
permitted.
e. Directional signs, on-site. Each sign shall not exceed four square feet in sign area if the
directional sign is indicating one direction and shall not exceed eight square feet in sign area if such sign
is indicating more than one direction. Each sign may be no more than five feet in height. No more than
two signs per street frontage are permitted for multi-tenant complexes. Single-tenant properties shall be
reviewed on a case-by-case basis. Center or complex names or logos shall not comprise more than 20
percent of the total sign area.
r. Flags of any nation, government, educational institution, or noncommercial organization.
Decorative flags without corporate logos 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 Dot larger than 40 square feet in
SIze.
g. Fuel price signs. Signs shall be located on the property where fuel is sold, shall be limited
to one monument sign per street frontage not exceeding five feet in height and sign area shall not exceed
20 square feet per sign face.
h. Gravestones or other memorial displays associated with cemeteries or mausoleums.
i. Historical site plaques and signs integral to an historic building or site.
j. Holiday decorations displayed in conjunction with recognized holidays.
k. Incidental signs attached to a structure or building, providing that the total of all such signs
per use or business shall not exceed two square feet.
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 located completely within a building or structure and not intended to be
visible from outside the structure, exclusive of window signs.
p. Menu board not to exceed 32 square feet per sign face and a maximum height of five feet
(two permitted per site).
q. Nameplates not to exceed two square feet per sign face.
r. Nonblinking small string lights, which arc part of decoration to be used in association with
landscaped areas and trees.
Page 10 of 23
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 XJU,
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. Otl--site. The number of off.site real estate signs shall be limited to s* ten per property
per agent; provided, however, that there shall be a minimum separation of 200 lineal feet between such
signs. except that sjgns may be placed less than 200 lineal teet apart when necessary to indicate a turn or
chanl!e in directiq!L<2f travel. The area of such signs shall be no greater than six square feet per sign face.
All off-site rea] estate signs must be removed each day at the conclusion of the open house or other sales
event and are permitted only between swrrise and sunset when the seller or the agent are in attendance at
the subject property.
2. On-site. The number of on-site real estate signs shall be limited to one per agent per
street frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall
be no greater than six square feet per sign face. For other uses and developments, the size shall not exceed
32 square feet per sign face. All on-site real estate signs must be removed when the sale closes, or in the
case of a rental or lease, when the tenant takes possession.
x. Temporary business signs for temporary business defined by FWCC 9-J.86 Chapter 9.
Article Vn.OiY~:j:i.Q1},J; 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,
location, duration and all other allowances and limitations for those uses described in Table 1,
"Allowances for Temporary and Special Signs - Permit Required."
(f) Government signs. The allowable type, number, sign area, height, location, and content of signs
used to identify government facilities in residential zones must comply with Table 2, "Sign Allowances
for Residentia] Zones - Permit Required." Signs for government facilities in non-residential zones must
comply with the requirements of FWCC 22-]601. 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, location,
Page 11 of23
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 located 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 OfT-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 five 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
Civie 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
(pcnnanent) 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 roofline only
exceed seven percent of
the exposed building face
to whieh 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 casc-by-case case basis case~by-case basis Banners must 90 days total per
event (e,g" basis be attached to calendar year. No
anniversary an exposed more than four events
sale, etc.) building face per year. Does not
include window sims
Grandopcnings 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
Mutal display Non~residential Painted mural Handled on a Handled on a case-by- Handled on a Handled on a
zoning districts case-by-casc case basis ease-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 ease-by-case case basis case-by-casc basis ease.by.ease
message sign basis basis
Page 12 of23
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 Maxi",um Location Remarks
Zone Allowed Number Height
Institutional SE, RS, RM Canopy sign One sign for The total sign area of Wall and Subjcct Intemally 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 rootline. message signs and
access shall exceed 32 square Monument changcable 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 fect 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 lor The total sign area of Wall and Subject Internally iIIuminatcd
. Golf course Monument sign each strecl monument signs shall canopy signs: property: signs arc not allowcd;
. 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 roolline. 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. Internally
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
percent 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 feet per Wall and Subject Commercial messages
complex Wall sign major entrance. Wall signs canopy signs: property: not allowed. Phone
identification entrance and canopy signs cannot setback five- numbers are permitted
shall not exceed seven project above foot minimum on wall-mounted signs
percent of the exposed the roolline_ when not Hlcing another
building face to a Monumcnt residential use. Internally
maximum of 100 signs: five illuminated or electrical
square feet feet signs not allowed
Page 13 of 23
,'-'I
Ltmd Use Applicable Sign Type Maximum Maximum Sign Area Maximum Location Remarks
Zone Allowed Numher Height
Unique SE, RS Handled on a Handled on a Handled on a case-by- lIandled on a Handled on a Handled on a case.by-
. Cemetery case-by-case case-by:-ease case basis 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 livc- changeable copy signs
Class" home frontage building face to which foot minimum are allowed. City may
occupations the sign is attached to impose additional
a maximum of 50 limitatilIDS on signs to be
square feet. The total compatible with nearby
sign area for residential areas
monument signs may
not exceed 20 square
leet per sign face, A
day care or pre-school
that is part of a church
or synagogue may
add 20 square feet per
face to an existing
monument sign
associated with the
church or synagogue
Church, 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 nOl 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 rootline, 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 auaehed
(Ord. No. 99-348, ~ 5, 9-7-99; Ord. No. 99-357, ~ 5, 12-7-99; Ord. No. 05-486, ~ 3,4-19-05; Ord. No. 05-487, ~ 3,
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 I 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 22-1 599(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 I of this article.
(13) Portable signs except as expressly allowed in FWCC 22-1 599(d)(2).
Page 14 of23
(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) V chicle 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, 9 4, 6-6-95; Ord. No. 99-348, 9
5,9-7-99; Ord. No. 99-357, 9 5, 12-7-99; Ord. No. 05-486, 9 3,4-19-05)
22-1601 Signs in nonresidential zoning districts.
(a) Freestanding signs. Pennit applications for freestanding signs shall be designated as qualifYing for
a high profile, medium profile or low profile sign, based upon criteria regarding both the size and zoning
designation of the development. The sign profile designation shall control the sign types, sign height, sign
area and number of signs allowed. In addition to the categories available in FWCC 22- I 60 I (a)(I) and (2),
a subject property may be permitted an additional freestanding sign if it meets the criteria contained in
I,Wee 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
exce.ed 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:
I. A minimum of250 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 pole sign, may include electronic changeable messages, center identification signs and/or changeable
copy signs. Any high profile sign may be an electrical sign, an illuminated sign, and/or a neon sign.
c. Sign height. A high profile sign shall not exceed the following maximum heights:
1. Pylon or pole sign: Twenty-five feet;
2. Pedestal or monument signs: Twelve feet if in lieu of a pylon or pole sign. Otherwisc,
pedestal and monument signs shall not exceed five feet;
Page 15 of 23
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:
I. 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)(1) of this section and is not a low profile sign by being zoned office park (OP) or professional office
(PO) pursuant to subsection (a)(3) of this section is permitted a medium profile 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 ofa 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 shan
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 located a
minimum distance of 200 feet from other freestanding signs on the same subject property.
Page 16 of23
(3) Low profile sign.
a. Criteria. A subject propcrty located in the office park (OP) or professional office (PO) zone is
permitted a low profile freestanding sign.
b. Sign types. The following sign types are allowed for a low profile sign:
1. Pedestal signs;
2. Monument signs; and
3. Tenant directory signs.
Sign content for any pedestal or monument sign may include center identification signs and/or
changeable copy signs. Any low profile sign may be an electrical sign, an illuminated sign, and/or a neon
SIgn.
c. Sign height. A low profile sign shall not exceed the following maximum heights:
I. 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.
I. Pedestal or monument signs: Sign area allowed for a low profile sign shall be calculated at
the rate of one square foot per lineal foot of frontage on a public right-of-way; provided, however, that a
low profile sign shall not exceed a maximum sign area of 80 square feet for the total of all sign faces on
each permitted sign with no one sign face exceeding 40 square feet, and every applicant is entitled to a
minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25
square feet;
2. Tenant directory signs: 15 square feet per sign face.
e. Number of signs. A subject property qualifying for a low profile sign may have the following
maximum number of signs:
1. Pedestal or monument signs: One sign per frontage on a public right-of-way; and
2. Tenant directory signs: One sign per frontage on a public right-of-way.
(4) Freeway profile signs.
In addition to the categories available in FWCC 22-1601(a)(I) and (2), a subject property may be
permitted an additional freestanding sign if it meets the following:
a. Criteria.
I. 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. Alternatively,
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 an 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 located near the property line closest to 1-5.
d. Sign height. If the subject property has an elevation lower 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 location of the sign. Ifthe 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 fin shed
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 I7 of 23
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 of the 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 ofthe sign face may exceed 20 feet.
5. For a subject property with a single-tenant building, a sign located 50 feet or less from the
advertised activity shall not exceed 600 square feet for the total sign faces, with no one sign face
exceeding 300 square feet.
6. For a subject property with a single-tenant building, a sign located more than 50 feet from
the advertised activity shall not exceed 300 square feet for the total sign faces, with no one sign face
exceeding 150 square feet. No one dimension of the sign face may 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 Ill. 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 detennined 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
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:
JLargest Exposed Building Face !Maximum Number of Signs
I Less than 999 sq. ft. 2
I 1,000 - 2,999 sq. ft. 3
I 3,000 - 3,999 sq. ft. 4
I 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 low profile signs and subsection (b)(3) of this section
for building-mounted signs may be increased in the following instances; provided, however, that in no
event shall the sign exceed the maximum sign area allowed:
(I) 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; Qrd. 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, 1 0-4~05)
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
(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
11180 --I-r
=.~
... ....
........
Figure 6 - Type A Pecrestal
A ~ 50% of B
A ~ 50% ofD
B = Height of sign (maximum height - FWCC 22-1601)
C ~ 20% of B
188N--1
E
t
....-
=.~
-.-
~.~
,...,._I&-l_
"ligure' - Type B Pole or P)'lon Si~n
B = Height of sign (maximum height - FWCC 22-160 I)
C~20%ofB
E ;::: 4 inches
(2) Monument signs. The following figures illustrate the dimensional standards for monument
sIgns:
Page 20 of 23
8
B1
--
.
--
.. ...
D
.......
.......~..,...,
Figure 8 - M()nu~t 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 ofthe primary structure.
(4) Minor deviations. Minor deviations from the dimensional standards for signs, except for
maximum sign height, may be approved by the administrator ifhe or she concludes that the resulting sign
does not significantly change the relative proportion of the sign base to the sign face.
(d) Location. No sign shall be so located so as to physically obstruct any door or exit from a building.
No sign shall be located so as to be hazardous to a motorist's or pedestrian's ingress or egress from
buildings or parking areas. No sign shall be located within the clearview zone.
(e) Landscaping around freestanding signs. To improve overall appearance of the sign and to reduce
the risk of motor vehicles hitting the sign or supports of the sign, an area adjacent to the base of each
freestanding sign must be landscaped equal to the sign area; provided, however, that the city will not
require more than 200 square feet of landscaped area. This landscaping must include vegetation and may
include other materials and components such as brick or concrete bases as evidenced in plazas, patios and
other pedestrian areas, planter boxes, pole covers or decorative framing.
Landscaping can include evergreen shrubs, deciduous shrubs, vines, and groundcover or grasses. If
low shrubs and groundcover are to be used, at the time of planting, a minimum of 50 percent of the
required landscaped area should be planted with low shrubs and ground cover 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 2] of23
(1) Any exposed incandescent lamp with a wattage in excess of 25 watts.
(2) Any exposed incandescent lamp with an internal or external reflector.
(3) Any continuous or sequential flashing device or operation.
(4) Except for electronic changeable message signs, any incandescent lamp inside an internally
lighted sign.
(5) External light sources directed towards or shining on vehicular or pedestrian traffic or on a
street.
(6) Internally lighted signs using 800-milliamp or larger. ballasts if the lamps are spaced closer
than 12 inches on center.
(7) Internally lighted signs using 425~milliamp or larger ballasts if the lamps are spaced closer
than six inches on center.
(8) All illumination for externally illuminated signs must be aimed away from nearby residential
uses and on~coming traffic.
(g) Setback and distance measurements. The following guidelines shall be used to 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 measurcd 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 fora 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 of this Code.
(c) Criteria. The city may grant the variance only if it finds all of the following:
(I) The literal interpretation and strict application of the provisions and requirements of the sign
regulations would cause undue and unnecessary hardship because of unique or unusual conditions
pertaining to the specific building, parcel or subject property;
(2) A sign package consistent with the provisions of this article would not provide the use or the
business with effective signs;
(3) The variance is necessary because of special circumstances relating to the size, shape,
topography, location or surroundings of the subject property to provide it with use rights and privileges
permitted to other properties in the vicinity and zone in which the subject property is located;
(4) The variance is not granted for the convenience of the applicant or for the convenience of
regional or national businesses, which wish to use a standard sign;
(5) The special circumstances of the subject property are not the result of the actions of the
applicant, the owner of the property or a self-induced hardship; and
(6) The granting of the variance 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
located.
(d) Conditions and restrictions. As part of any variance approval of a request under this section, the
city may impose any conditions, limitations or restrictions it considers appropriate under the
circumstances. This may include, but is not limited to, requiring that the owner of the subject property
sign a covenant or other written document to be filed with the county to run with the property by which,
at a time certain or upon specific events, the signs on the subject property would be brought into
compliance with all applicable city regulations then in effect. The city may also require a performance
bond under FWCC 22-I599(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 of23
22-1604 Compliance and enforcement.
(a) Compliance with other applicable codes. All signs erected or altered under this article must
comply with all applicable federal, state and local regulations relating to signs, including without
limitation the provisions of the International Building Code and the National Electric Code as adopted in
FWCC 5-66 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 shall prevaiL
(b) Sign maintenance. All signs must be kept in good repair and in a safe manner at all times. The
property owner must repair damaged or deteriorated signs within 30 days of notification by the city. The
area surrounding freestanding signs must be kept free oflitter and debris atall times.
(c) Administrative fee. All signs removed by the city shall be available for recovery by the owner of
such sign for a period of two weeks, after which they will be destroyed. Recovery of any sign removed by
the city shall be subject to payment of an administrative fee to partially cover the city's cost in removing
and storing the sign as follows:
(1) First violation fee: $5.00 per sign.
(2) Subsequent violations fee: $7.00 per sign.
The city shall not be responsible for damages or loss during removal or storage of any signs. This
administrative fee shall be in addition to any civil penalty imposed pursuant to this chapter.
. (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 I FWCC, Article m, 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 m, nuisance and injunction actions, or
other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of
this article.
(e) Reserved.
(f) Inspection. The administrator is empowered to enter or inspect any building, structure or premises
in the city, upon which, or in connection with which a sign is located, for the purpose of inspection of the
sign, its structural and electrical connections, and to insure compliance with the provisions of this Code.
Such inspections shall be carried out during business hours, unless an emergency exists.
(g) Abatement by the city.
(I) Authority to remove sign. As part of any abatement action under Chapter 1 FWCC, Article m,
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 proceed~ngs under Chapter 1 FWCC, Article
III, the city or its agents may summarily remove any sign placed on a right-of-way or public property in
violation of the terms of this article. Recovery of costs for removal of any signs as provided herein shall
be as provided in Chapter 1 FWCC, Article III. (Ord. No. 95-235, S 4, 6-6-95; Ord. No. 99-342, S 5, 5-4-99;
Ord. No. 05-486, S 3,4-19-05)
22-1605 Reserved - Comprehensive design plan.
(Ord. No. 95-235, S 4, 6-6-95)
22-1606 - 22-1629 Reserved.
1:\2006 Code Amcndmcnts\Real Estale Signs\LlJTC\Code Language_doc
Page 23 of 23
~
CITY OF r-....;;;;:;?'
Federal Way
EXHIBIT .2
PAGE-LOF ~
ST AFF REPORT TO THE PLANNING COMMISSlON
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. UACKGROlJND
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 200 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 of travel (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 22~1599(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 F;xhibit B. Language proposed to be deleted is shown as
strikeout and proposed new language is shown as underline.
EXHIBIT 2-
PAGE Q. OF -!.-
I. Grammatical Corrections
Grammar has been corrected in various parts of the Article. See Pages 8 and /0, where commas
have been added before the word "which."
2. Corrections to Code Citations
Citations have been corrected in Sections 22-/599(d)(2)(s) and (d)(2)(x) 3..<; 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 pemlitted in conjunction with an outdoor use, activity, or storage as authorized under
Article II ~JIJ, Division 8 of this chapter.
(x) Temporary business signs for temporary business defined by FWCC 9---J8{, ~hapter 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 facc.
3. Language to Address Separation and Increase Allowable Number Off-Site Real Estate
Signs
Amcndments arc being proposed to Section 22-/599(d)(2)(w) as follows:
(w) Real estate signs.
I. Off-sitc. The number of off-site real estate signs shall be limited to sf*: !~!! per property per
agent; provided, however, that there shall be a minimum separation of 200 lineal feet between
sueh signs,,, exceRt that signs may be placed less than 200 lineal feet apart when llecessary to
indicate a tUl!!.QL!2...l}~nge 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 pennitted 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 StalT Report
January 3 I, 2006
Page 2
EXHIBIT ~
PAGE ! OF~
I _ To review and evaluate the zoning code text regarding any proposcd amendments.
2. To determine whether the proposed zoning code text amendment meets the criteria provided by
FWCC Section 22-528-
3. To forward a reconunendation 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. '1be 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 ifit 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 plan 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 ESlale Signs
Planning Commission Slaff Report
January 3 I, 2006
Page 3
EXHIBIT --2
pJ).n~ ___ ~__.c F' .~~. h'__
I. 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\Rcal E~late SignslPlanning Commissionlf'13IlJ1ing Commission Staff RepOJtdoc
Real Estate Signs
Planning COllunission Staff Report
January 31, 2006
Page 4
EXHIBIT ~ I-
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. Whcn J went over the sign ordinance I found a small omission that made things
rather difficult for Realtors holding open houscs. With the 200 lineal foot rule it
precludes A board signs bcing 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.
~p
~yn Gates.
(.)
Windermere
redcral Way
EXHIBIT ~ I.
PAGE-L-OFJi-
TO:
COPY:
FROM:'"
COUNCILMAN JACK DOVEY, FEDERAL WAY CITY COUNCIL.
DEREK f4ATHISON, 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 A venue 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) oCthe Federal Way sign
code.
Section 22.1599 (d) (2) (w) (I) deals with off~site Open House real estate signs. ItJequires that
an agent or seller's Open House Signs be separated by at least 200 lineal feet. I understand,
appreciate and support the rationale behind the 200-foot requirement.
However, there is one kind of situation where the 200-foot separation requirement is
dysfunctional, and collllIlon 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' dired potential buyers to homes that are for sale.
Often, a potentia:! buyer will need to turn their vehicle to go in a different direction;before
having traveled 200 feet. This sitmition 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;
L The Seattle-King-County Association of REALTORS (SKCAR) observed that the
Real1!.state Insider Report indicated that 75% of their survey respondents (real estate
agents) identified signs as their most effective sales technique. National research studies
Windenncre Real Estate/South, IDe.
33405 6th Avenue South. Federal Way, W A 98003 . 253/838-8900' Fax 253/838-8975
..
EXHIBIT ~ l.
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% of 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 "on were 46-50 years old were
significantly more likely to have found 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 thein to the
properties playa critical function in this dynamic.
4. There is one other group that makes extensive use of the signs: First Time Buyers.
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 well over $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 torrent of our current real estate _
market. By using the off-premise signs to locate homes that are for sale they can attempt
to get a sense oCthe market at their own pace, instead of being in the car with a RealtoL
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 national origin, 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 conmlOn sense correction be adopted because of the
EXHIBIT J 0 ~ &
PAGE-4-0F ~
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, conunon 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 tUIns 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 estate si!;!lS.
I. Off-site. TIle number of off-site real estate signs shall be limited to
six per property per agent; provided, however, that there shall be a
minimum separationof200 lineal feet between such signs, ~~~c:pJl.h.ill
~!I..~ent or selle(~ open house ~ns may be placed closer than 200
lineal feet wh~re doin~ so i~~!!~cessary to indicate th~t;t_!.'!.I~__~I~c!
~han~~~!n the direction of vehicular travel is required for a
potential buyer to continue proceediD~ towards the home that is
offered for sale. The area of such signs shall be no greater than six
square feet per sign face. Allolf-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 subject property.
2......
Ifan agent or seller can't put their Open House Sign at the intersection where Buyers need to
turn, it's a little bit like putting the Southbound 1-5 exit signs for Federal Way somewhere North
of Fife but South of Exit 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, conunon sense correction to Section 22.l599 (d) (2) (w) (l).
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 . 0 12.
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:
(I) 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 location of signs;
(4) Support and enhance the economic well~being of all businesses within the city, and in
particular recognize the needs of all businesses to identify their premiscs and advcrtisc thcir 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 amorti2'..ation 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. 95-235,94,6-6-95; Ord. No. 99-348, S 5,9-7-99; Ord. No. 99-357, ~ 5, 12-7-99; Ord. No. 05-
48693,4-19-05)
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 indicatcs a diffcrent meaning:
Page I of 23
EXHIBIT ---'--.!f .&
PAGE a OF~
(I) Abandoned sign means any sign remaining in place after a sign has not been maintained tor 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 light,>, 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 othcr elements of the
sign face or sign base, but are solely intended to enhancc the aesthetics of the structural clements
surrounding or supporting thc 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.")
, EIo.-......_
--
Figure 1- Awning or Canup}' Sign
(8) Bal/oon 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
located, but not including civic event signs, signs oriented to the interior of sports fields, government
signs, or instructional signs.
( II) Building-mounted signs means any sign auached 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 -' J Z.
PAGE-1-0F -lJ-
(12) Cabinet sign means a sign consbucted 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.
I' .... .'./ .h'i!,'~!~!"~{!,l'ljI~'lil~I"ij~m~'~
';:~';!>C;~,:::~t:'~~fl" '::Y" -r':i:'" :~p>':J' ',,''&;. "~b ',; .".,',}''; "!14'. y';)' . ~~~\:i~)~0\
I~~E
--
Figure 2 - Cabinet Sign
(13) Canopy - Building means a rigid, multi-sided sbucture 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.
(I 5) Canopy sign_ See "Awning or canopy sign."
(I6) Center identification sign means a building-mounted or freestanding sign that identifies the
name and/or logo of a development containing more than one office, retail, institutional or industrial use
or tenant and which may separately identify the tenants.
(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.
(I8) 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 22-115 I 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 fraternal 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 located.
Construction signs also include "Coming soon" and "Open During Consbuction" 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, cithcr whole or in part, may be changed by means of electronic programming.
Page 3 of23
EXHIBIT-'A 2-
PAGE-3I-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 spacc 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 attachcd to any building. Freestanding signs include those signs otherwise
known as "pedestal signs," "pole signs," "pylon signs," and "monument signs."
I
691
twstt
Sign
HIIIgtA
Figure 3 - Frm!taoo.ng SigQ
(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 location and services available to the community. A grand opening does not mean an
annual or occasional promotion of retail sales or other services, and does not include a change in
ownership, remodcling, or other change incidental to the initial establishment of the business.
(37) Ground-mounted sign means a pedestal sign, pole, pylon, monument sib'll, or any sign
permanently affixed to the ground.
Page 4 of 23
EXHIBIT ~. 2
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(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 thc 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 dcvice 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 matcrials such as brick, stucco, stonework, textured wood, tile or textured
concrete materials harmonious with the materials of the primary structure on the subject property. (See
drawing set forth in FWCC 22-1602(c)(2), Figure 8.)
(52) Multi-tenant complex means a complex containing two or more uses or businesses.
(53) Multiuse complex means the definition of "muItiuse 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~elcctric 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 thc city issues as to whether a sign
conforms to this article and other sections of this 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 alrcady occurred, except for historical signs.
Page 5 of 23
EXHIBIT~ ,.-
PAGE~OF 2.__ -.
(60) Off-site sign means a sign relating, through its mcssage and content, to a business activity,
use, product, or service not available on the subject property on which the sign is located.
(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 located, including without limitation signs indicating the
busincss transacted, principal services rendered, and goods sold or produced on the subject property, or
name of the business and name of the 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
matcrials harmonious with the materials of the primary structure on the subject property. Such base shall
be equal to at least 50 percent of the sign width. (See drawing set forth in FWCC 22-1602(c)(l), 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 frcestanding signs supportcd permanently upon the ground by
polcs or braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete
matcrials harmonious with the materials of the primary structurc on the subject property and not attached
to any building. (Sec drawing set forth in FWCC 22-1602(c)(I), 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 local, state, Or national election or referendum.
(67) Portable sign means any sign designed to be moved easily and not permanently affixed to
thc 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 of23
EXHIBIT , ~ &
PAGE-.LOF 2 I
DO
DO
o 0
II
Figure 4 - 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 long 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 located 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 placed 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 lowest 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, logos, trademarks, and/or written copy for
the purpose of:
(a) Providing information or directions; or
Page 7 of 23
EXHIBIT ~ j.'
PAGE----I--OF ~
(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 individual letters, numbers or symbols using a
canopy, awning or wall as the background, without added decoration or change in the canopy, awning or
wall color, have sign area calculated by measuring the perimeter enclosing each letter, number or symbol
and totaling the square footage of these perimeters.
Grocery
lal"al~I.lrty..stn""- I
Olf'
"t!'
Off'
-..
I_ x ( Ittct-cHe) ::I SIgn MIll I
Figure 5 - Cal(:ulating Sign Area
(79) Sign face means the area of a sign on which the colors, words, letters, numbers, symbols,
graphics, graphic design, figures, logos, trademark and/or written copy is placed.
Page 8 of 23
EXHIBIT 8 .t ,.-
PAGE~OF -.&L
(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 aftcr 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 long-term use.
(85) Tenant directory sign means a sign for listing 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 commcrcial 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-<legree 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 tor thc 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. 95-235,94,6-6-95; Ord. No. 99-348,95,9-7-99; Ord. No. 99-357, 9 5, 12-7-
99; Ord. No. 05-486, 9 3,4-19-05; Ord. No. 05-487, 9 3,4-19-05; Ord. No. 05-504,93, 10-4-05)
22-t598 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, 9 4, 6-6-95; Ord. No. 99-348, 95,9-7-99; Ord. No. 99-
357,95, 12-7-99; Ord. No. 05-486, 9 3,4-19-05)
22-t599 Permits.
(a) Permit requirement... 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 of 23
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(c) Permit expiratioll and inspeclioll_ All sign permits expire one year from the date of issuance. Ifno
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 pennit 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 longer than 36 inches. No more than two displays are permitted per site.
c. Barber poles.
d. Construction signs, so long as such signs are limited to two signs per project and each sign
does not exceed 32 square feet per sign face and 10 feet in height. Construction signs shall not be
displayed prior to issuance of a building permit and shalJ 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 pennittcd for multi-tenant complexes. Single-tenant properties shall be
reviewed on a case-by-case basis. Center or complex names or logos shall not comprise more than 20
percent of the total sign area.
f. Flags of any nation, government, educational institution, or noncommercial organization.
Decorative flags without corporate logos or other forms of advertising are also excluded 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 located on the property where fuel is sold, shall be limited
to one monument sign per street frontage not exceeding five feet in height and sign area shall not exceed
20 square feet per sign face.
h. Gravestones or other memorial displays associated with cemeteries or mausoleums.
i. Historical site plaques and signs integral to an historic building or site.
j. Holiday decorations displayed in conjunction with rccoh'l1ized 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.
I. Instructional signs that do not exceed six square feet in area per sign face.
m. Integral design features when such features are an essential part of the architecture of a
building (including religious symbols) and when such features do not represent a product service, or
registered trademark.
n. Integral signs when no more than one per building.
o. Interior signs located completely within a building or structure and not intended to be
visible from outside the structure, exclusive of window signs.
p. Menu board not to exceed 32 square feet per sign face and a maximum height of five feet
(two pennittcd 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 arcas and trees.
~)age 10 of 23
EXHIBIT~ &
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s. Point of purchase displays. Point of purchase signs arc limitcd to two squarc 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 n KiH,
Division 8 of this chapter.
1. 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 immedjately 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.
I. Off-site. The number of off-site real estate signs shall be limited to si\: tt;1l per property
per agent; provided, however, that there shall be a minimum separation of 200 lineal feet between such
signs. q!;~pt that siUIlsl11av be ~)l_~gt;_d less thanl00 lineal ft;et aDart.J\!h~!! neces~,!!y to inQ!cate a turn Or
change in~irection 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 pennitted only between sunrise and sunset when the seller or the agent are in attendance at
the subject property.
2. On-site. The number of on-site real estate signs shall be limited to one per agent per
street frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall
be no greater than six square feet per sign face. For other uses and developments, the size shall not exceed
32 square feet per sign face. All on-site real estate signs must be removed when the sale closes, or in the
case of a rental or lease, when the tenant takes possession.
x. Temporary business signs for temporary business defined by FWCC -9-J.86 Cha.v.ter 9.
,A.rticle VH...Pivision 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.
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 ofthe 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,
location, duration and all other allowances and limitations for those uses described in Table I,
"Allowances for Temporary and Special Signs -. Permit Required."
(f) Government signs. The allowable type, number, sign area, height, location, and content of signs
used to identify government facilities in residential zones must comply with Table 2, "Sign Allowances
for Residential Zones -- 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, location,
Page It of23
EXHIBIT~ ". I-
PAGE , a OF -2..l- '.
duration and all other allowances and limitations for those uses described in Table 2, "Sign Allowances
for Residential Zones - Pennit Required."
(h) Sign registration. No person shall maintain a sign in the eity without first having been issued a
proper and current sign registration or a sign inventory sticker, unless the sign is expressly exempt from
pennit requirements. All signs exempt from the permitting requirements set forth in this section shall be
exempt from the registration requirements, or rromhaving 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 located 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 I
Allowances for Temporary and Special Signs -J)ermit Required
---. Remarks
Sign Purpose! Applicable Sign Type Mtu:imum Maximum Sign Area Mtu:imum Height Location
I-pescriptian 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 bannen;, wan-mounted off site evenL Remove within
service event temporal}' basis maybe no larger than si x signs five days of the close
(temporary-) portable signs, square feel per face_ On of the event
inflatable site signs and wall-
advertising mounted bannen; may be
devices, search no largtt 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- Elecuonic ehangeable
conununity monument Of freestanding monument six feet. residential message SignS
service event wall sign signs shall not cxceed 64 Freestanding wnes: on/ofT allowed_ Signs cannot
(permanent) square feet for the total of signs: 12 feet. sitc_ contain commercial
all faces and no one face Wall signs shall Residential messages
shall exceed 32 square not project above zones; on site
fcet. Wall signs shall not the rooflinc only
exceed seven percent of
the exposed building face
to which it is attaehed
Special salel Non-residential Banners ooly Handled on a Handled on a ease-by- Handled on a On site, Special promotions:
promotional zoning districl~ case--by-case ca.'" basis case-by-case basis Bannen; must 90 days total per
event (C-lh basis be attached to calendar year. No
anniversary an exposed more than four events
sale, etc.) building face per year. Does not
include window sil!lls
Grandopenings Non-residential Banners, Handled on a Handled on a ease-by- Handled on a On site. Grand openings: 30
zoning districts temporal}' casc-hy-case case basis case-by-case basis Bannt:rs must days Event must
ponable signs, basis be attac hed to occur within 60 days
inllatable an exposed of occupancy
advertising building face
devices. search
lights and
beacons --- --
Mural display Non-residelllial Painted mural Handled on a Handled on a case-by- Handled on a Handled On a
zoning districts case-by-case case basis case-by--ca.~e basis case-by-case
basis basis
.- -
Scoreboards( at All Electronic Handled on a Itandled On a casc-by- Handled on a Handled on a
hletic fields) changeable case-by--ca5e case basis case-by-case basis casc-by-casc
message sign basis basis
-".,-~-- -~,~ -.. .~"
Page 12 of23
EXHIBIT ~ .1 a.'
PAGE .,t OF -U-
Table 2
Sign Allowances for Residential Zones - Permit Required
Residential Zones = Suburban Estates (SE), Single-Family (RS), Multifamily Residential (RM)
Lilnd Use AppliadJle Sign Type MlIXimum M4Xi1r<um Sign Aua M lIXimlUlf Location Remarks
Ztlnt! Allowed Number Height
-
Institutional Sf, RS, RM Canopy sign One sign for The total sign area of Wall and Subj.x'l Intemally illuminated
. Govt. facility Monument sign each public mOnument signs shall canopy signs: prope.-ty; signs are not allowed;
. Public park Pedestal sign enlr.lnce not exceed 64 square cannOI 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 rooDine. message signs and
access shall exceed) 2 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 Ihe exposed compatible with nearby
building face to which residential areas
it is attached
"'-~- --~-~
Recreation SE,RS.RM Canopy sign One sign for The lotal 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 cannol setback five- provided, however, that
area or Wall sign providing fed for the total of all project above foot minimum Ihe electronic
clubhouse direct vehicle faces and no one face the rooDi ne_ changeable message
. Sports field - access shall exceed J2 square Monument signs and changeable
Private, non- feet. Wall signs and signs: SIX copy signs arc allowed.
commercial canopy signs shall not feet_ Pedestal City may impose
exceed seven percent sign: 12 feet additionallimitalions on
of the ellposed signs to be compatible
building face to which with ncathy residential
it is attached areas
--'. --
Residential SE, RS, RM Monument sign Onepe.- 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 root1ine.
Monument
signs: five
feel
Subdivision SE, RS, RM Monument sign Two per Two signs PL" Wall and Subjecl Commercial messages
ideotificalion Pedestal sign major entrance totaling no canopy signs: prop<.'T1y nOI allowed. Internally
Pole sign entrance more than 50 square cannol illuminated or electrical
Pylon sign fed. No one sign may project above signs not allowed. Signs
Walt sign be more than )2 the rootline. may be inc/uded as part
squaTe feet Monument, of a fence or olher
pedestal, pole architectural feature
or pylon
signs: five
feet
Manufactured RS,RM Monumenl sign Two per 32 square feel per Wall and Subject Commercial messages
home park Wall sign major entrance_ Wall signs canopy SignS; property: not allowed_ Inlernally
identification entrance and canopy signs cannot setback five. illuminated or electrical
shall not exceed seven projecl above foot minimum signs not allowed
percenl of Ihe exposed Ihe rootline.
building face to a Monument
maximum of 100 signs: five
square feel feci
-".. ._._,~~"~ -"'~~ ....--...--- ~~~~--~
Multifamily RM,RS Monument sign Two per 32 square feet per Walt and Subject Commercial m..'ssages
complell Wall sii,'ll major entrance_ Wall signs canopy signs: property: nol allowed_ Phone
identification entiance and canopy signs cannot setback five- numbcrs are pennitled
shall nOI exceed seven projeel above fOOl minimum on wall.mounted signs
percenl of Ihc exposed the ronfiine. when not facing another
building face 10 a Monumenl residential use_ Inlernally
mallirnum of 100 signs: five illuminaled or electrical
square feet feel signs not allowed
- ~~ ~~.-.'- .._~~ .'--~'~_..",.
Page 13 of23
~,~~.., -.,,- -~~-~-
lAnd Use AppliadJle Sign Type MtlXimum MlUimum Sign Area MtJrimum Locotion Remarks
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 basis case-by-case ca.se-by-case case basis
basis basis basis basis
.- ..- ,.--
Day care or SE. RS,RM Canopy sign Ooe Wall or canopy signs Five feet Subj.:ct Electronic changeable
pre-school, Monument sign freestanding may not exceed seven propeny' message signs and
excluding Wall sign sign per street percent of the exposed setback tive- changeable copy signs
Gass " 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 fOl" residential area~
monument signs may
not exceed 20 square
feet per sign face, A
day care or pre-school
that is part of a church
or synagogue may
add 20 square feet per
face to an existing
monument sign
associated with the
church or synagogue --.-
Church, SE, RS, RM Canopy sign One sign for Hie total sign area of Wall and Subject Electronic changeable
synagogue,or Monunx,nt sign eac h street monument signs shall canopy SIgnS: property: message signs and
other place of Wall sign fmntage not exceed 64 square cannot setback five- changeable copy signs
worship providing feet forthe total of all project above foot minimum are allowed. City may
direct vehicle faces and no one face the roolline. impose additional
access shall exceed 32 square Monument limitations on signs to be
feel. 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
EXHIBIT~a
PAGE .'~ OF--Z..I-
(Ord. No. 99~348, ~ 5,9-7-99; Ord. No_ 99-357, ~ 5, 12-7-99; Ord. No. 05-486, ~ 3, 4-19-05; Ord. No. 05-487, ~ 3,
4-19~05)
22-1600 Probibited 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:
(I) Abandoned or obsolete signs.
(2) Animated or moving signs.
(3) Banners, except as expressly allowed pursuant to Table I and FWCC 22~1599(d)(2)(f).
(4) Billboards.
(5) Dilapidated, nonmaintained signs.
(6) Flashing signs, except electronic changeable message signs or changeable copy signs.
(7) Graffiti.
(8) Inflatable advertising devices, except as expressly allowed in FWCC 22-1 599( 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.
( II) 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 iJIumination unless expressly allowed
pursuant to Table 1 of this article.
(13) Portable signs except as expressly allowed in FWCC 22-1 599(d)(2).
Page 14 oflJ
EXHIBIT B., &
PAGEiS-OF -.lI- .
(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 serviccs, community centers, etc.).
(I5) Right-orway 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) Vehiclc signs including any sign attached to, or placed on, a parked vehicle or trailcr used
principally for advertising purposes, rather than transportation, but excluding signs relating to the sale,
lease, or rental of thc vehicle or trailer and excluding signs which identity a firm or its principal product
on a vehicle opcrated during the normal course ofbusincss. (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)
22-1601 Signs in nonresidential zoning districts.
(a) Freestanding signs. Permit applications for freestanding signs shall be designated as qualifying for
a high profile, medium profile or low profile sign, based upon criteria regarding both the size and zoning
designation of the development. The sign profile designation shall control the sign types, sign height, sign
area and number of signs allowed. 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 criteria contained in
FWCC 22-1 60 I (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 ccnter 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:
I. Pylon or pole signs; provided, however, that any pylon or pole sign must have more than
one pole or structural support;
2. Pedestal signs;
3. Monument signs;
4. Tenant directory signs; and
5. Kiosks.
Sign content for any pylon or pole sign, or for any pedestal or monument sign in lieu of a pylon
or pole sign, may include electronic changeable messages, center identification signs and/or changeable
copy signs. Any high profile sign may be an elecbical sign, an illuminated sign, and/or a neon sign.
c. Sign height. A high profile sign shall not excecd the following maximum heights:
I. Pylon or pole sign: Twenty-five feet;
2. Pedestal or monument signs: Twelve fcet if in lieu of a pylon or pole sign. Otherwise,
pedestal and monument signs shall not exceed five feet;
Page 15 of 23
EXHIBIT~ I....'
PAGE ---.lJLOF---.Jj ..
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:
I. 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 onc face
exceeding 64 square fcet;
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:
I. 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)(l) 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)(1) of this section and is not a low profile sign by being zoned office park (OP) or professional office
(PO) pursuant to subsection (a)(3) of this section is permitted a medium profile freestanding sign.
b. Sign types. The following sign types are allowed for a medium profile sign:
I. Pedestal signs; and
2. Monument signs.
Sign content for any medium profile sign may include electronic changeable messages, center
identification signs and/or changeable copy signs. Any medium profile sign may be an electrical sign, an
illuminated sign, and/or a neon sign.
c. Sign height. The height of a medium profile sign shall be calculated at the rate of 0.75 feet in
the sign height for every 10 lineal feet of frontage on a public right-of-way; provided, however, that sign
height shall be calculated at the rate of one and one-half feet in sign height for every IO 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 oftwo square feetper 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
cntitled 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 sign'). 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 streel frontage may have more than two freestanding signs. Freestanding signs shall be located a
minimum distance of 200 feet fTOm other freestanding signs on the same subject property.
Page 16 of 23
(3) Low profile sign.
a. Criteria. A subject property located in the office park (OP) or professional office (PO) zone is
permitted a low profile freestanding sign.
b. Sign types. The following sign types are allowed for a low profile sign:
I. Pedestal signs;
2. Monument signs; and
3. Tenant directory signs.
Sign content for any pedestal or monument sign may include center identification signs and/or
changeable copy signs. Any low profile sign may be an electrical sign, an illuminated sign, and/or a neon
Sign.
c. Sign height. A low profile sign shall not exceed the following maximum heights:
1. Pedestal or monument signs: Five feet.
2. Tenant directory signs: Six feet unless the sign is set back a minimum of 50 feet from any
public right-of-way, in which case it may be to feet.
d. Sign area.
I. Pedestal or monument signs: Sign area allowed for a low profile sign shall be calculated at
the rate of one square foot per lineal foot of frontage on a public right-of-way; provided, however, that a
low profile sign shall not exceed a maximum sign area of 80 square fect 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 arca of 50 square feet for the total of all sign faces with no one sign face exceeding 25
square feet;
2. Tenant directory signs: 15 square feet per sign face.
e. Number of signs. A subject property qualifYing for a low profile sign may have the following
maximum number of signs:
I. 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)(I) and (2), a subject property may be
permitted an additional freestanding sign if it meets the following:
a. Criteria.
I. Abuts the right-of~way of Interstate 5;
2. Is located in zoning designation of City Center Core (CC-C), or Conununity 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. Alternatively,
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 located near the property line closest to 1-5..
d. Sign height. If the subject property has an elevation lower 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 location 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 teet 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
EXHIBIT --'A :&
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Page 17 of 23
EXHIBIT ~ a.
PAGE , LOF ~ ."
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.
I. 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 feel.
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 morc 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 feel. No one dimension of the 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 located 50 feet or less from the
advertised activity shall not exceed 600 square feet for the total sign faces, with no one sign face
exceeding 300 square feet.
6. For a subject property with a single-tenant building, a sign located more than 50 feet from
the advertised activity shall not exceed 300 square feet for the total sign faces, with no one sign face
exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet.
f. Number of signs. A subject property qualifying for a frecway profile sign may have only one
freeway profile sign per subject property.
lbe 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
(W AC) 468-66.
(5) Combine(J sign package for adjacent property owners. The owners of two or more properties that
abut or arc separated only by a vehicular access casement 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 appllcants were one
multi-tenant complex.
(b) Building-mounted signs.
(I) Sign types. The following sign types may be building-mounted sIgns and are allowed in all
nonresidential zoning districts:
a. Awning or canopy signs;
b. Center identification signs;
c. Changeable copy signs;
d. Civic event signs;
e. Directional signs, on-site;
f. Electronic changeable message signs;
g. Instructional signs;
h. Marquee signs;
1. Projecting signs;
j. Tenant directory signs;
k. Time and temperature signs;
I. Under canopy signs; and
Page I 8 of 23
EXHIBIT S. *,' t
PAGE '~OF~
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 rootline of the exposed building face to which it is
attached.
(3) Sign area. The total sign area of building-mounted signs for each business or tenant, excluding
under canopy signs, shall not exceed seven percent of the exposed building face to which it is attached;
provided, however, that no individual sign shall exceed a sign area of 240 square feet and every applicant
is entitled to a minimum sign aTea 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 heT building as follows, excluding
wall-mounted center identification signs:
Largest Exposed Building Face lMaximum 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-
I 599(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 low profile signs and subsection (bX3) 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:
(I) 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 overalJ design such as
decorative metal or wood.
Page 19 of23
EXHIBIT~a
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 threc fcet from the
subject property line in all other zones.
(c) Dimensional and design standardv.
( I) Pedestal, pole or pylon signs. The following drawings illustrate the dimensional standards for
pcdestal, pole or pylon signs:
:z.':""'"
.-
--
Figure 6 - T)'pe A PeddlaJ
A;::.. 50% ofB
A ;::.. 50% ofD
B = Height of sign (maximum height - FWCC 22-1601)
C 2:: 20% orB
~r
=:z.~
"'. S
--
L-...It
r..-,d,.-&i_
Figure 7 - Type B ..o(~ or Pylon Sign
B= Height of sign (maximum height - FWCC 22-1601)
C 2:: 20% of B
E 2:: 4 inches
(2) Monument signs. The following figures illustrate the dimensional standards for monument
Signs:
Page 20 of 23
EXH!BIT ~ 2.
PAGE a, OF -U-
8
SIGN fWE
1
Figure 8 - MOo..mmt Sign
A: Maximum height of sign per FWCC 22-1601
B: Maximum ~ 200010 of A
C: Minimum = 20% of A
J); 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 located so as to physically obstruct any door or exit from a building.
No sign shall be located so as to be hazardous to a motorist's or pedestrian's ingress or egress from
buildings or parking areas. No sign shall be located within the c1earview zone.
(e) Landscaping aroundfreestanding 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 ~ith 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, ofthis chapter.
(I) Illumination limitations of electrical signs (does not apply to neon signage). No sign may contain
or utilize any of the following:
Page 21 of2J
EXHIBIT~&
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 incandcscent lamp inside an internally
lightcd sign.
(5) External light sources directed towards or shining on vehicular or pedestrian traffic or on a
street.
(6) Internally lighted signs using 800-milliamp or larger ballasts if the lamps are spaced c10scr
than 12 inches on center.
(7) Intcrnally lightcd signs using 425-milliamp or larger ballasts if the lamps are spaced closcr
than six inches on center.
(8) All illumination for externally illuminated signs must be aimed away from nearby residcntial
uses and on-coming traffic.
(g) Setback and distance measurements. The following guidclines shall be used to determinc
compliance with setback and distance measurements:
( I) The distance between two signs shall be measured along a straight horizontal line that
represents thc 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 si!,'l1 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 frOID 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 of this Code.
(c) Criteria. The city may grant the variance only if it finds all ofthe following:
(I) The literal interpretation and stricr application of the provisions and requirements of the sign
regulations would cause U11due 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 si7.e, 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 located;
(4) The variance is not granted for the convenience of the applicant or for the convenience of
regional or national businesses" which wish to use a standard sign;
(5) The special circumstances of the subject property are not the result of the actions of the
applicant, the owner of the property or a self-induced hardship; and
(6) The granting of the variance 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
located.
(d) Conditions and restrictions. As part of any variance approval of a request under this section, the
city may impose any conditions, limitations or restrictions it considers appropriate under the
circumstances. This may include, but is not limited to, requiring that the owner of the subject property
sign a covenant or other written document to be filed with the county to run with the property by which,
at a time certain or upon specific events, the signs on the subject property would be brought into
compliance with all applicable city regulations then in effect. The city may also require a perfonnance
bond under FWCC 22-1599(i) to insure compliance with any such condition or restriction. (Ord. No. 95-
235, S 4, 6-6-95; Ord. No_ 97-291, ~ 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 of23
EXHIBIT J 01 'l.
PAGE----Z.l.OF ~
22-1604 Compliance and enforcement.
(a) Compliance with other applicable codes. All signs erected or altered under this article must
comply with all applicable federal, state and local regulations relating to signs, including without
limitation the provisions of the International Building Code and the National Electric Code as adopted in
FWCC 5-66 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 shall prevail.
(b) Sign maintenance. All signs must be kept in good repair and in a safe manner at all times. The
property owner must repair damaged or deteriorated signs within 30 days of notification by the city. The
area surrounding freestanding signs must be kept free of litter and debris at all times.
(c) Administrativefee. 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 I FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does
not limit any other forms of enforcement available to the city including, but not limited to, criminal
sanctions as specified herein or Chapter I FWCC, Articles II and III, nuisance and injunction actions, or
other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of
this article.
(e) Reserved.
(f) Inspection. loe administrator is empowered to enter or inspect any building, structure or premises
in the city, upon which, or in connection with which a sign is located, for the purpose of inspection of the
sign, its structural and electrical connections, and to insure compliance with the provisions of this Code.
Such inspections shall be carried out during business hours, unless an emergency exists.
(g) Abatement by the city.
(1) Authority to remove sign. As part of any abatement action under Chapter 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 eity or its agents may summarily remove any sign placed on a right-of-way or public property in
violation of the terms of this article. Recovery of costs for removal of any signs as provided herein shall
be as provided in Chapter I FWCC, Article Ill. (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.
1:\2006 Code Amendments\Real Estate Signs\Planning COnllnlssion\Codc Languagc_doc
Page 23 of 23
CITY OF FEDERAL WAY
PLANNING COMMISSION
3
ClF J.
February 15, 2006
7:00 p.rn.
City Hall
Council Chambers
MEETING MINUTES
Commissioners prescnt: 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: Assistant City Attorney Amy Jo Pearsall, Senior Planner Margaret
Clark, and Administrative Assistant E. Tina Piety.
Vice-Chair Elder called the meeting to order at 7:00 p.m.
ApPROVAL OF MINUTES
Commissioner Duclos moved (and it was seconded) to adopt the December 7, 2005, and January 18, 2006, minutes
with the correction to the January 18, 2006, deleting Commission Osaki from Commissioners present and adding
him to Commissioners absent (excused). The motion carried (seven yes).
AUDIENCE COMMENT
None
ADMINISTRATIVE REpORT
Ms. Clark informed the Commission that the Planning Commission Work Program will go to the City Council on
February 2 I, 2006. They added a sign code amendment for signs for special events.
COMMISSION BUSINESS
ELECTIONS
Commissioner Pfeifer nominated Dini Duclos as Chair. Commissioner Drake nominated Hope Elder as Chair.
There being no other nominations, the vote was held with three votes for Commissioner Duclos and three votes for
Commissioner Elder, a tie. Commissioner Duclos withdrew, leaving only Commissioner Elder nominated, with no
other nominations. The vote was held with six votes for Commissioner Elder. Commissioner Duclos was
nominated Vice-Chair and with no other nominations, the vote was held with six votes for Commissioner Duclos.
The votes were unanimous as Commissioner Duncan-Pierce arrived after the elections.
PUBLIC HEARING - Off-Site Real Estate Signs Code Amendment
Ms. Clark delivered the staff report. In addition to some housekeeping changes, the proposed amendments are a
reduction in the 200 foot lineal separation requirement for off-site real estate directional signs when necessary to
indicate a turn or change in direction of travel, and an increase from six to ten signs per property per agent.
The public hearing was opened for public testimony.
K.lPlanning Commission\2006lMeeting SU""""'Y 02-15-05.doc
Planning Commission Minutes
Page 2 -~"-EXHIBIT J February 15,2006
PAGE ~ OF -L-
Marilyn Gates - She has been a real estate agent in Federal Way for 26 years. She had requested the City
make the proposed amendments. She stated that increasing the number of signs to ten sounds like a lot,
hut that many signs would only be used to bring people in from two major arterial streets. Not many
agents are eager to put up ten signs.
Sam Pace, Housing Specialist for Seattle-King County Association of Realtors - He gave the
Commission two documents, one is an outline of his testimony and the other is a letter giving an analysis
of municipal ability to maintain real estate specific sign regulation in light of Ballen v. Redmond. He
supports the proposed code amendments. He stated that real estate signs are unique and placement is
different for each sale. They have a beginning and ending date. Research shows that real estate signs are
essential for prospective buyers to find houses. They are the third most common way of finding a listing
agent. The Seattle-King County Association of Realtors has a self~po1icing program. lbey invite the City
to take advantage of it. They would discipline brokers who do not follow the City's regulations. He
stated that the analysis he handed out supports the proposed amendments.
Commissioner Duclos informed the Commission that while she was campaigning last year she talked with Mr.
Pace a number of times, but never about this particular issue. Commissioner Osaki informed the Commission that
he has worked with Mr. Pace regarding signs for the City of Auburn, but they have never discussed any Federal
Way issues. Mr. Pace commented that he has never spoken with any of the Commissioners or City Council
Members on this issue. The Seattle-King County Association of Realtors is very careful to keep all their dealings
open and above board.
Commissioner Duclos moved (and it was seconded) to adopt the proposed code amendments as written by staff.
The motion carried (seven yes).
ADDITIONAL BUSINESS
None
AUDIENCE COMMENT
None
ADJOURN
The meeting was adjourned at 7:25 p.m.
K:\Planning Commissionl2006IMceting Summary 02-15-05.doc
EXHIBIT ~
PAGE " IOF ~
Michael Himes
I'IfONE 206.359.8667
fAX 206.359.9667
EMAIL: mhimcs@pctkinscoie.com
. VIA lJ.S. MAIL
David Crowell, JD, Director
Governmental & Public Affairs
Seattle-King County Association of REAL TORS@
12015 - 115th Ave NE #195
Kirkland, W A 98034
Bryan Wahl, Director
Government Affairs Department
Washington Association of REAL TORS@
P.O. Box 710
Olympia, WA 98507-0719
Re: Analysis of Municipal Ability to Maintain Real Estate-Specific Sign
Regulations in Light of Bollen v. Redmond
Dear Messrs. Crowell and Wahl:
You have asked us to analyze whether, in light of the summary judgment order in
Ballen v. Redmond, Washington municipalities may continue to treat real estate signs
differently - generally, more permissively - than other commercial signs under
their sign ordinances. We understand that a number of municipalities have been led
to believe that the Ballen order (which is pending appeal) requires identical treatment
of all commercial signs and, based on that belief, are contemplating amending their
sign codes in order to subject real estate sign to the same restrictions imposed on other
commercial signs. Indeed, Redmond itself recently enacted an cmergency ordinance
imposing a blanket "one off-premises" restriction on all commercial signs --
including real estate signs.
IISlOSI2S0.3 141
January 4, 2006
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We appreciate your concern with this situation, and we agree with you that
municipalities reacting in this fashion are proceeding on a fundamentally flawed
understanding of the Ballen order. We read the court's order differently and submit
that municipalities may, consistent with the Constitution and Ballen, continue to allow
more real estate signage than other commercial signage. There are sound legal and
policy reasons for doing so - justifications that, as explaincd below, relate to the
inherently temporary nature of real estate signs; the unique characteristics of the
"product" advertised by rcal estate signs; and the municipal interest in ensuring that
housing market') are open and accessible to all persons on a non-discriminatory basis.
We are convinced that these factors justify treating real estate signs di fferently than
other commercial signs. Indeed, we believe that the second factor - the unique
characteristics of housing - constitutionally compels a greater allowance for real
estate signs than the allowance many municipalities accord other commercial signs.
A Municipality May Allow A Greater Number Of Real Estate Signs
Because Their Inherently Temporary Nature Poses A Lesser, If Any,
Threat To The Municipality's Safety And Aesthetics Interests.
Because real estate signs, unlike other commercial signs, arc inherently temporary,
they present little if any threat to community aesthetics and safety, and a municipality
may therefore constitutionally adopt real estate-specific rcgulations. Subjecting real
estate signs to separate standards is permissible so long as the reason for trcating them
differently is related to the municipality's underlying aesthetics and safety concerns.
The court's summary judgment order in Ballen does not insist that all commercial
signs be treated equally. Rather, it turns on the court's view that Redmond did not
articulate a reason, related to its asserted interest in regulating signs, for treating
certain commercial signs differently than others. In short, the court held the portable
sign ban unconstitutional because the reasons proffered for exempting various
content-based categories from the ban had "no rational relationship to the [City's]
safety and aesthetic goals." Summ. J. Order at 12 (emphasis added).
The Court's holding on this point is reiterated repeatedly throughout the summary
judgment order. For example:
· At page 13, the court observed that the City did "not contend that the
prohibited signs present more safety threats or are less attractive" than other
I/SL051250314!
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January 4, 2006
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commercial signs and therefore had not shown a "relationship bctwcen the
content-based distinction and the safety and aesthetic goals."
· Similarly, at page II, the court observed that the City's scheme "creates
content-based exceptions for certain commercial speech that haC ve] no
material relationship to the safety and aesthetic goals."
'fne obvious implication, to use the Supreme Court's language, is that treating
different categories of commercial signs differently is permissible so long as there is
"some basis for distinguishing between [them] that is relevant to an interest asserted
by the city" .- typically, safety and aesthetics. Cincinatti v. Discovery Network, Inc.,
507 U.S. 410, 428 (1993) (emphasis added)).
That basis exists with respect to real estate signs. Unlike signs advertising
commercial establishments, goods, or services, real estate signs are inherently
temporary. A sign advertising a business retains its utility for as long as the business
remains in operation. A real estate sign, however, loses its utility as soon as the house
it advertises sells. The real estate sign's very nature imposes a start and end date for
its display -~ namely, the listing and closing date of the house it advertises.
In this sense, real estate signs are self-regulating. Because the duration of their
display is brief and finite, their impact on aesthetics and safety is necessarily lessened.
Other commercial signs, on the other hand, have no defined lifespan. Any perceived
problems related to their display are ongoing and indefinite.
Many municipalities already recognize the inherently temporary nature of other
categories of signs and have crafted content-specific provisions taking that nature into
account. For example, many municipalities permit unlimited numbers of off-premises
political signs, so long as they are removed within a certain period of time following
the election to which they pertain. Similarly, many municipalities pennit signs related
to the temporary or secondary use of schools, churches, or conununity buildings for a
period not to exceed the operation of the use. Like real estate signs, political and
secondary-use signs carry a built-in end date that negates or greatly diminishes any
threat to aesthetics and safety and serves as a logical reference point for content-
specific regulation.
In this light, municipalities may properly retain real estate-speci fic sign regulations.
Because their inherently temporary nature is rationally related to the safety and
IISL05 J250.3 14)
01/04/06
January 4, 2006
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EXHIBIT~_
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aesthetics concerns for regulating signs, it is a proper basis for distinguishing real
estate signs from commercial signs generally.
A Municipality May Allow A Greater Number Of Real Estate Signs In
Order To Avoid Foreclosing The Adequate Avenues For Advertising The
Sale Of A House.
In addition to requiring that content-based distinctions relate to a municipality's
interest in regulating signs (usually aesthetics and safety), the relevant case law also
requires that any sign regulation leave open adequate alternative avenues of
commercial speech. Severely restricting the number of off-premises signs allowed in
a givcn municipality may leave open adequate avenues for advertising commercial
establishments, goods, or services, but it does not leave open adequate channels for
advertising the sale of a home.
Commercial speech regulations must "leave open satisfactory alternative channels of
communication." 44 Liquormart, Inc. v. Rhode Is/and, 517 U.S. 484, 502 (1996)
(internal quotation marks and citation omitted). This requirement applies squarely to
regulations limiting real estate signage, regardless of whether the regulation is real
estate-specific or a generally applicable regulation that includes real estate signs
within its scope. Compare Linmark Associates, Inc. v. Willingboro Township, 43 I
U.S. 85,93 (1977), with Eastern Bergen County Bd. of Realtors, Inc. v. Borough of
Fort Lee, 720 F. Supp. 51, 54 (D.N.J. 1989).
Although "[t]he dcgree to which speech is suppressed -. or alternative avenues of
speech remain available - under a particular regulatory scheme tends to be case
specific," Lorillard Tobacco Co. v. Reilly, 533 U.S. 5"25, 563 (2002), the Supreme
Court has provided some general guidance concerning regulations limiting real estate
signs:
Although in theory sellers remain free to employ a number of
different alternatives, in practice realty is not marketed through
leaflets, sound trucks, demonstrations, or the like. The options to
which sellers realistically are relegated - primarily newspaper
advertising and listing with real estate agents - involve more
cost and less autonomy than "For Sale" signs; are less likely to
reach persons not deliberately seeking sales information; and
may be less effective media lor communicating the message that
(/SL051250.314)
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Page 5
EXHIBIT If
PAGE $ OF I
is conveyed by a "For Sale" sign in front of the house to be sold.
The alternatives, then, are far from satisfactory.
Linmark, 43] U.S. at 93 (citations omitted); see also Cleveland Area Bd. of Realtors
v. City of Euclid, 88 F.3d 382, 389 (6th Cir. 1996) ("[H]ome-sellers are forced to
market their homes using more costly and less autonomous methods, such as real
estate agents and newspaper advertising. Owners who want to sell without an agent
are severely impaired."); Eastern Bergen County Bd. of Realtors, 720F. Supp. at 54
("[A]lthough methods of advertisement other than the use of ' For Sale' signs are
available to the plaintiffs, the cost and effectiveness of these methods do not render
them acceptable or practical alternatives.").
The Supreme Court's observations in Linmark were grounded in common sense, but
they are borne out by empirical data. John L. Scott Real Estate, Inc., which is among
the top three residential real estate brokerage companies in Washington,
commissioned a survey by Hebert Research, Inc., during late 2002 and early 2003.
The primary purpose of the survey "was to understand how buyers and sellers in the
. Seattle and Portland markets gather and use information and real estate agents in their
home buying or selling process." Ex. A at 1. The results confirm Linmark's
conclusion that signage is ultimately the only satisfactory avenue for marketing a
home:
· The most common activity a prospective buyer engages in prior to meeting
an agent is driving around neighborhoods with an eye open Jor real estate
signs. See Ex. A at 5.
· The most common activity a prospective buyer engages in after meeting an
agent is driving around neighborhoods with an eye open for real estate
signs. See Ex. A at 6.
· The most common source of information regarding open houses is driving
around neighborhoods looking for Open House signs. .S'ee Ex. A at 7.
· After referral by family/friend or prior acquaintance with an agent, the most
common method of finding a buyer's or seller's agent is seeing the agent's
name on a For Sale sign. See Ex. A at 3, 4.
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· After listing with the Multiple Listing Service (MLS), For Sale signs are
considered the most effective method of advertising a house. See Ex. A
at 8, 9.
These results, which confinn how uniquely important signage is to the markcting of a
home, should come as no surprise. They stcm from the fact that the sale of real estate
is qualitatively diffcrent then most other commercial transactions. Whereas the
ordinary commercial transaction involves the purchase of a movcable good from a
fixed location (e.g., a shop), real estate transactions involve the sale of a fixed good
from a location that moves with each sale. Directional signs are therefore necessary
to direct prospective buyers to the ever-changing point of sale, while on-premises
signs are necessary to alert the prospective buyer when he or she has in fact arrived at
the "good" offered for sale. Other sources of advertising, such as newspaper listings,
cannot perform either of these functions. And while other sources, such as the
Intcmet, may be able to generate directions, they are, in the Suprcme Court's words,
"Jess likely to reach pcrsons not deliberately seeking sales information," Linmark, 431
U.S. at 93, and, therefore, less likely to "aUract[] potential buycrs who were not
actively shopping," Cleveland Area Bd. of Realtors, 88 F.3d at 390.
Geography is simply much more in play in the sale of real estate, and signage is
therefore much more important. Empirical evidence and judicial precedent support
that conclusion. Severely restricting real estate signage would leave no adequate
altematives for the advertising of real estate. In this light, a municipality may _
indeed, must--- allow a su fficient number of real estate signs, regardless of how many
other commercial signs it penn its.
A Municipality May Allow A Greater Number Of Real Estate Signs In
Order To Advance Its Interest In Fair Housing.
While municipalities have a substantial interest in safety and aesthetics, they also
have an undeniable interest in ensuring fair housing within their borders. Indeed, the
Supreme Court has explained that a "[ c]ity's interest in minimizing the visual elutter
associated with signs. . . is concededly valid but certainly no more compelJing than
the intercst[l" in "maintaining a stable, . . . integrated neighborhood." City of Ladue v.
C;illeo, 512 U.S. 43,54 (1994).
Like aesthetics and safety, fair housing is an interest that can justify a municipality's
regulation of signs. Just as a municipality may impose appropriate limitations on
commercial signs in order to advance its interest in safety and aesthetics, it may also
I/Sl.051250J 141
01104/06
January 4, 2006
Page 7
EXHIBIT---'--_
PAGE-LOF --8-_.
encourage the use of real estate signs in order to advance its interest in fair housing.
In so doing, the municipality is not engaging in favoritism or protectionism for real
estate signs. Rather, it is fostering an interest - fair housing ~- which happens to be
a desirable secondary effect of real estate signs.
As courts have recognized, real estate signage plays a central role in the promotion of
fair housing. "For Sale" and "Open House" signs are the surest way to communicate
housing availability to the widest possible audience, without regard for the racial,
social, or economic makeup of the audience. Thus, courts have acknowledged that
real estate signs can help alleviate the discriminatory effects of "steering" - that is,
an agent's "showing certain. . . listings only to customers of one race." Greater
Baltimore Bd of Realtors v. Hughes, 596 F. Supp. 906,910 n.3 (D. Md. 1984).
Similarly, courts have affirmed the role that real estate signs play in preventing "panic
selling." As the Supreme Court explained in Linmark, restricting real estate signs
may "cause homeowners to turn to other sources for information," and "actually may
fuel public anxiety over sales activity by increasing homeowners' dependence on
rumor and surmise." 431 U.S. at 96 n.lO.
Judicial observations regarding the fair housing aspect of real estate signage, in turn,
arc supported by the John 1... Scott research discussed above. It is clear, for example,
that low income persons who may not have access to other sources of information
such as the Internet rely very heavily on real estate signs in attempting to secure or
sell a home. As the Scott survey found, "rh Javing a sign in front of your house was
considered a ') 0' for effectiveness by 46 percent of respondent[ s J who make less than
$60,000 a year, compared to only 25 percent of respondents with incomes in excess of
$60,000." Ex. A at 8.
Similarly, the Scott research reveals the importance that real estate signs play in
assisting first-time homebuyers or sellers find a real estate agent. While there are two
more common sources of information for choosing an agent - prior acquaintance
with the agent and referral from family or a friend - those sources assume the
prospective buyer or seller already has a foothold or connection in the real estate
market. See Ex. A at 3, 4. The person trying to get his or her foot in the door, on the
other hand, need'i real estate signage.
finally, in weighing a municipality's fair housing interest and crafting appropriate
regulations, it is important to recall the Supreme Court's observation that information
relayed by real estate signs "is of vital interest to [a municipality's J residents, since it
I/SL0512503 H)
01/04/06
January 4, 2006
Page 8
EXHIBIT~
PAGE I_OF~
may bear on one of the most important decisions they have a right to make: where to
live and raise their families." Linmork, 431 U.S. at 96.
CONCLUSION
Based on the above analysis, it is our opinion that a municipality may allow more real
estate signs than it does other commercial signs -- without running afoul of the
court's order in Bollen and without violating the Constitution. On the other hand, if a
municipality were to severely restrict the number of real estate signs permitted under
its regulations - for example, to one on-premises and one off-premises sign ~ it
might very well violate the constitutional requirement that it keep available adequate
avenues for commercial speech.
Vcry tmly yours,
Michael Himes
MH:mb
Attachments
I/SLOS1250 3HI
01/04/06
I:B
REALTOR@
SEATTLE.KING COUNTY ASSOCIATION OF REALTORS@
12015 115th Ave. N.E., Suite 195, Kirkland, Washington 98034
(425) 820-3277 (Office) · 1-800-540-3277 (Washington State) · (425) 820-3346 (Fax)
Email: skcar@nwrealtoLcom. url: http://www.nwrealtor.com
EXHIBIT 5
PAGE I OF~
Testimony of Sam Pace
Housing Specialist
Seattle-King County Association of REALTORS@
February 15,2006
A. Uniqueness of the Good Being Advertised by Real Estate Signs
1. The location of the good (i.e., property) for sale is different with each sale.
2. Unlike signs advertising businesses or most goods and services, real estate
signs are inherently temporary.
B. Necessity of Real Estate Signs to the Home-Buying Process
1. Real estate signs are essential to finding a home.
a. The most common method (35.1 %) of searching for a home before
meeting an agent is driving around neighborhoods. HEBERT
RESEARCH, INC., JOHN L SCOTI BUYERS AND SELLERS RESEARCH
(EXECUTIVE SUMMARY), at 7 (Jan. 2001).
b. Over half of buyers find the home they eventually purchase
themselves. Of these, 43.9% find the home by driving around.
HEBERT RESEARCH, INC., JOHN L. SC01T BUYERS AND SELLERS RESEARCH
(EXECUTIVE SUMMAR Y), at ] 3 (Jan. 200]); see also HEBERT RESEARCH,
INC., JOHN L. SCOTI, at ] 9 (Feb. 2003) (where buyer, rather than agent or
third party, finds home, it is by driving around neighborhoods 39% of the
time).
c. The most common activity of prospective buyers - both before and
after meeting and agent - is driving around neighborhoods (76% of
respondents). HEBERT RESEARCII, INC., JOHN L Scan', at 22,23 (Feb.
2003).
"'REALTOR. is <l registered mark ollhe NATIONAL ASSOCIATION OF REALTORS
EXHIBIT S
PAGE ~ .OF~
2. Real estate signs are essential to finding open houses.
a. The most common method of finding information about open houses
is driving around neighborhoods (58%). HEBERT RESEARCH, INC,
JOHN L SCOTI, at 29 (Feb. 2(03).
3. Real estate signs are essential to finding a buyers' agent.
a. For Sale signs are the tbird most common method of finding a buyer's
agent. HEBERT RESEARCH, INC, JOHN L SCOrf BUYERS AND SELLERS
RESEARCH (EXECUTIVE SUMMARY), at 9 (Jan. 2001); see also HEBERT
RESEARCH, INC., JOHN L SCOTI, at 11 (Feb. 2003).
C. Necessity of Real Estate Signs to the Home-Selling Process
l. After the Multiple Listing Service, For Sale signs are considered the most
effective method of advertising a house. IIEBERT RESEARCH, INC., JOliN L.
SCOll', at 60 (Feb. 2003).
2. :For Sale signs are the tbird most common method of finding a seller's agent.
I-IEBERT RESEARCH, INC, JOHN L SCOTI, at 12 (Feb. 2003).
D. Inadequacy of Alternate Means of Communicating Home Sales
1. Case law recognizes tbat other means of communicating housing sales - e.g.,
newspaper advertisements, listing with agents - are not adequate because
tbey involve higber costs and reduced autonomy. Linmark Associates, lnc v_
Township ofWillingboro, 431 U.S. 85,93 (1977); Cleveland Area Board oj
Realtors v. City of Euclid, 88 F.3d 382, 388-89 (6th Cir. 1996); Eastern Bergen
County Board of Realtors, /nc_ v. Borough o.lFort Lee, 720 F. Supp. 51, 54
(D.NJ. 1989).
2. Internet advertising is not a substitute for real estate signs.
a. After the Multiple Listing Service (MLS), having a sign in front of
your home is considered tbe most effective method of advertising; tbe
Internet is the third most effective method after tbe MLS. IIEBERT
RESEARCH, INC., JOHN L SCOTI, at 60 (Feb. 2003).
b. Driving around neighborhoods is the most common search method
prior to meeting an agent; the Internet is the second most common
method. I-IEBERT RESEARCH, INC., JOHN L. SCOlT BUYERS AND SELLERS
RESEARCH (EXECUTIVE SUMMARY), at 7 (Jan. 200 I).
c. Of buyers who find their home themselves, 43.9% find it by driving
around neighborhoods; 22.2% find it on the Internet. HEBERT
RESEARCH, INC., JOHN L SCOTT BUYERS AND SELLERS RESEARCH
(EXECUTIVE SUMMARY), at J3 (Jan. 2001).
EXHIBAT' -
PAGE OF ~
d. The most common method of finding information about open houses
is driving around neighborhoods; the 'nternet is the third most
common method. HEBERT RESEARCH, INC., JOHN L SCOTI, at 29 (Feb.
2003).
e. For Sale signs are the third most common method of finding a buyer's
agent; the Internet is the eighth most common method. HEBERT
RESEARCH, INC., JOHN L SCOTI BUYERS AND SELLERS RESEARCH
(EXECUTIVE SUMMARY), at 9 (Jan. 200 I); see also HEBERT RESEARCH,
INC., JOHN L. SeOTI, at 11 (Feb. 2003) (third most common versus sixth
most conunon).
f. For Sale signs are the third most common method of finding a seller's
agent; the Internet is the ninth most common method. HEBERT
RESEARCH, INC., JOHN L SC01T, at 12 (Feb. 2003).
E. Importance of Real Estate Signs in Guaranteeing Equal Access to Housing
1. Real estate signs help prevent steering, i.e., showing a listing only to certain
racial, social, or economic groups. See Greater Baltimore Board oj Realtors v.
Hughes, 596 F. Supp. 906, 923 (D. Md. 1984).
2. Real estate signs help prevent "panic selling." See Linmark Associates, Inc. v.
Township oJWillingboro, 431 U.S. 85,96 n.lO (1977); Cityo[Chicago v_ Prus,
453 N.E. 2d 776, 789 (ilL App. Ct. ]983).
3. Real estate signs convey accurate information regarding matters of great
importance to families and the greater community. See Linmark Associates,
Inc. v_ Township ofWillingboro, 43] U.S. 85,96 (1977); Greater Baltimore
Board of Realtors v. Hughes, 596 F. Supp. 906,925 (D. Md. ] 984).
F. Reduced Aesthetic and Safety Concerns with Real Estate Signs
1. On-site real estate signs are self-policed by the resident, alleviating aesthetic
and safety concerns common to other types of signs. See City of Ladue v.
Gil/eo, 5]2 U.S. 43, 58 (1994).
2. On- and off-site signs are policed by SKCAR and other REAL TOR@
associations, alleviating aesthetic and safety concerns common to other types
of signs.
a. Through articles and broker updates, SKCAR and other
REAL TOR@ associations routinely educate member agents and
brokers about municipal code compliance and signage safety
concerns. Examples of such publications, ex, Real Estate Signs_-
EXHIBIT S
PAGE~OF -9-
Practice "Saft" Placement, SEA'ITLE-KJNG COUNTY ASSOCIATION
REALTOR@, SeptJOct. 1994, at 1.
b. SKCAR's Public Affairs Department routinely works in concert with
municipal code compliance officers to inform member agents of non-
compliance and to correct or remove non-compliant signs.
G. Heightened Protection for On-Site Real Estate Signs
1. On-site real estate signs enjoy heightened protection because they involve
speechfrom the home. See city of Ladue v.'Gi//eo, 512 U.S. 43, 58-(1994);
County Republican Comm. v. Arlington County, 790 F. Supp. 618, 627 n.7 (E.D.
Va 1992), rev'd and vacated in part on other grounds, 983 F.2d 587 (4th Cir.
1993).
Thank you for the opportunity to offer these comments.
SEATTLE-KING COUNTY ASSOCIAHON OF REALTORS@
~p~
Sam Pace, JD, MBA, GRJ
Housing SpedaHst
Se3ttl~Kmg CQu1y A$.!JCKi3<<~Q ()f REAL TQRS@
29839 - 154th Ave SE
Kent, W A 98042-4557
sampace(Q),concentric.net
Direct: (253) 630-5541
Fax: (253)630-5542
Cell: (253)569-2663
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
March 20th, 2006
Land Use and Transportation Committ~.
Derek Matheson, Interim City Manage~v--....- ~
Kathy McClung, Community Development Services Direct<,t-'f" ~
Temporary Senior Planner for 2006 Work Program
POLICY QUESTION:
Should the Council authorize staff to hire a temporary senior planner and decide the work program priorities
at the next meeting since hiring this position will take some time?
BACKGROUND:
Members of LUTC have expressed an interest in completing studies associated with this year's
Comprehensive Plan requests, the Planning Commission's work program and for possible annexations. The
department has $109,000 in carry forward funds to support hiring a temporary senior planner to work on
some additional projects. About $85,000 will pay for salary, supplies and equipment for atemporary senior
planner for one year. Although this action would not normally go to a Council Committee, I thought it
prudent to get direction about which priorities are most important to the Council as part of a new temporary
position's work plan.
An attempt has been made to estimate the magnitude of stafftime involved in each specitlc projects
identitled below in terms of a percentage of a full time employee ("FTE"). The total estimated hours to
complete all of the following projects equals in excess of one and one-halfFTE's (8% FTE is equivalent to
30 days of work effort). Therefore careful selection and/or prioritization of projects will be needed when
establishing the work program of this position.
Comprehensive Plan Requests. The following items were raised in the last LUTC meeting as possible
studies to complete for this year's Comprehensive Plan requests. Because of the need for these studies, the
associated Comprehensive Plan requests would likely be put on hold until the studies could be completed.
I. The Iow-:density residential area in the south part of the City, west ofPacitlc Highway. The city
continues to get individual requests to increase density in this area since sewers are more accessible.
A study needs to evaluate what impact a higher density will have on the traftlc model and whether
storm drainage is adequate to serve the area. (32% FTE)
2. The BC, OP and BP zones need to be evaluated to see if the BP zone is serving the needs ofthe
community or if these zones need to be moditled. (8% FTE)
Planning Commission Work Program. The following are items that were raised by Council at the time the
Planning Commission work program was being reviewed. These were items that the Council indicated were
a high priority but may be difficult to complete with existing staff and projects that the City is already
committed to. The City is already committed to completing the update of the Comprehensive Plan and
individual requests, the Shoreline work for this year and the cottage housing code amendments.
Other projects a new position could work on are:
1. Retention of vegetation. (16% FTE)
March 20, 2006
Land Use and Transportation Committee
Temp. Sr. Planner for 2006 Work Program
Page 2
2. Increased building heights for certain BN and BC zoned areas. (16% FTE)
3. Code amendments that are a result of the Planned Action SEPA for the downtown area. (32% FTE)
Annexations. Finally, at the Council Retreat, annexations were discussed and it was agreed that if the
proposed annexation legislation passed that granted cities some financial relief for annexing their P AA areas,
staff would come back to council to revisit this issue. It is my understanding that this bill is on the
Governor's desk and could be signed into law. (50% FTE)
SUMMARY:
Realistically by hiring a temporary senior planner, about three to four of the above projects could be
completed within the year depending on their complexity. Hiring a temporary senior planner to coordinate
the projects, do a majority of the research, complete the environmental checklist and the staff reports will be
a good start to completing these projects. What isn't accounted for is the time and cost in other departments,
especially Public Works. Traffic and storm water analysis will need to occur for any area-wide studies and is
not accounted for in the $85,000 temporary senior planner salary. However ifthe Council selects projects
that require unbudgeted work by the Public Works department, the remaining portion of the $109,000 in
cany forward money could be used to defer staffing or modeling not addressed in the Public Works work
program.
OPTIONS:
The LUTC can take the following actions:
I. Direct the staff to hire a temporary senior planner and decide the priorities at the next LUTC meeting
since hiring this position will take some time anyway.
2. Give direction at tonight's meeting.
3. Delay until there is more direction on the annexation issue.
4. Hold these work items until next year.
81' AFF RECOMMENDATION:
Staffreconnnends forwarding Option I to the April 41\ 2006 City Council Consent Agenda for approval:
Authorize staff to hire a temporary senior planner and decide the priorities at their next meeting since
hiring this position will take some time anyway.
COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the April4t\ 2006 City Council Consent Agenda.
ee: Project File
Day File
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
March 20, 2006
FROM:
Land Use and Transportation Committee
Derek Matheson, Interim City Manager~
Patricia A. Richardson, City Attorney ~ ~
TO:
VIA:
SUBJECT:
Proposed Resolution to Grant Noise Variance to WSDOT
Policy Issue:
Should the City Council pass the proposed resolution granting the Washington State
Department of Transportation (WSDOT) a noise variance for work done during restricted
hours?
Background:
WSDOT is scheduled to start a project to widen the existing SR 99 North and South bound
lanes to add High Occupancy Vehicle (HOV) lanes beginning June 2006 and ending October
2007 (the "Project"). The Project includes the addition of retaining walls, stormwater
detention and treatment facilities, sidewalks, planter strips, raised medians, illumination
upgrades, traffic signalization, signing and other items of roadway safety. WSDOT has
requested a temporary noise variance in a letter dated January 3, 2006, attached to the
Proposed Resolution as Attachment A, to allow work on the Project during 29
nonconsecutive nights during two construction seasons.
The Federal Way City Code (FWCC) Section 22-956 contains nighttime environmental noise
standards and adopts the maximum environmental noise levels identified in Washington
Administration Code (WAC) Section 173-60-080. In accordance with the City's nuisance
law codified under FWCC Sections 10-26 and 10-27, FWCC Section 22-1006(a) sets out the
times when it is a violation to engage in any development activity or to operate any heavy
equipment. FWCC Section 22-1 006(b) authorizes the Director of Community Development
to grant revocable, written permission to engage in a development activity or to operate
heavy equipment between the hours of8:00 p.m. and 7:00 a.m. on Monday through Friday
and 8:00 p.m. Friday through 9:00 a.m. Saturday, or from 9:00 a.m. to 8:00 p.m. on Sundays
or holidays observed by the city. The Director of Community Development does not have
the authority to grant an exemption to the work hour restrictions not covered by FWCC
Section 22-1 006(b). Council may pass a resolution granting a variance to the work hour
restrictions not covered by FW CC Section 22-1 066(b).
In this case, it is much safer for WSDOT workers to work in the middle of the night when
traffic is reduced. Performing the necessary work during daytime hours will significantly
increase the number of days that lane closures would be necessary. The increased number of
days with lane closures would result in unacceptable delays and impacts to the traveling
public, local businesses and local residents. WSDOT has agreed to provide the City of
Federal Way with a detailed construction schedule as soon as one is available, to notify all
affected residents within 500' ofthe Project limits, and to implement measures to reduce the
amount of noise coming from the Project as outlined in Attachment A. WSDOT has
indicated that it will attempt to schedule its work, weather permitting, for the least impact to
businesses and the citizens of Federal Way. Neighboring citizens will benefit from having
this work completed during 29 nonconsecutive weekend nights rather than during many more
days, which would result in daytime lane closures that would cause significant traffic delays.
WSDOT will benefit from having a safer work environment. Local businesses will benefit
from having the lane closures during non-business hours.
Options:
I. Recommend approval of the proposed resolution to grant WSDOT a noise variance
to work on the Project during restricted hours and forward to the full Council for
approvalat the April 4, 2006, regular City Council meeting.
2. Recommend rejection ofthe proposed ordinance.
3. Recommend modification ofthe proposed resolution and forward to the full Council
for approval at the April 4, 2006, regular City Council meeting.
Staff Recommendation:
Approve the proposed resolution and forward to the full council for approval at the April 4,
2006, regular City Council meeting. (Option 1)
Committee Recommendation:
Forward option _ to the full City Council for placement on the April 4,2006, City Council
Agenda.
APPROV AL OF COMMITTEE ACTION:
Committee Chair
-
Committee Member
Committee Member
K:\agndaitem\LUTC\2006\WSDOT Noise Variance - Hwy 99
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, GRANTING A NOISE AND
WORK HOUR VARIANCE FOR WORK TO BE DONE BY THE
WASHINGTON STATE DEPARTMENT OF TRANSPORT A nON
ON THE SR 99 WIDENING PROJECT DURING RESTRICTED
WEEKEND HOURS.
WHEREAS, the Federal Way City Code (FWCC) Section 22-956 contains nighttime
environmental noise standards and adopts the maximum environmental noise levels identified in
Washington Administration Code (WAC) Section 173-60~080;
WHEREAS, in accordance with the City's nuisance law codified under FWCC Sections 10-
26 and 10-27, FWCC Section 22-1006(a) sets out the times when it is a violation to engage in any
development activity or to operate any heavy equipment;
WHEREAS, FWCC Section 22-1 006(b) authorizes the Director of Community Development
to grant revocable, written pennission to engage in a development activity or to operate heavy
equipment between the hours of8:00 p.m. and 7:00 a.m. on Monday through Friday and 8:00 p.m.
Friday through 9:00 a.m. Saturday, or from 9:00 a.m. to 8:00 p.m. on Sundays or holidays observed
by the city;
WHEREAS, the Director of Community Development does not have the authority to grant an
exemption to the work hour restrictions not covered by FWCC Section 22-1 006(b);
WHEREAS, the Washington State Department of Transportation (WSDOT) is scheduled to
start a project to widen the existing SR 99 North and South bound inside lanes to add High
Occupancy Vehicle (HOY) lanes beginning June 2006 and ending October 2007 (the "Project");
Res. # _~, Page I
WHEREAS, the Project includes the addition of retaining walls, stormwater detention and
treatment facilities, sidewalks, planter strips, raised medians, illumination upgrades, traffic
signalization, signing and other items of roadway safety;
WHEREAS, WSDOT has requested a temporary noise variance in a lettcr dated January 3,
2006, attached hereto as Attachment A, to allow work on the Project during 29 nonconsecutive
nights during two construction seasons;
WHEREAS, it is much safer for WSDOT workers to work in the middle ofthe night when
traffic is reduced;
WHEREAS, performing the necessary work during daytime hours will significantly increase
the number of days that lane closures would be necessary;
WHEREAS, the increased number of days with lane closures would result in unacceptable
delays and impacts to the traveling public, local businesses and local residents;
WHEREAS, WSDOT has agreed to provide the City of Federal Way with a detailed
construction schedule as soon as one is available, to notify all affected residents within 500' of the
Project limits, and to implemcnt measures to reduce the amount of noise coming from the Project as
outlincd in Attachment A; and
WHEREAS, WSDOT has indicated that it will attempt to schedule its work, weather
permitting, for the least impact to businesses and the citizens of Federal Way;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY
RESOLVES AS FOLLOWS:
Section 1. Noise and Work Hour Variance. The City Council hereby grants a noise and work
hour variance for the hours of8:00 p.m. Saturday through 9:00 a.m. Sunday, and 8:00 pm Sunday
Res. # _, Page 2
through 7:00 a.m. Monday for the work to be done by the Washington State Department of
Transportation during those weekend hours on the Project. Neighboring citizens will benefit from
having this work completed during 29 nonconsecutive weekend nights rather than during many
more days, which would result in daytime lane closures that would cause significant traffic delays.
WSDOT will benefit from having a safer work enviromnent. Local businesses will benefit from
having the lane closures during non-business hours.
Section 2. Grant of Authority. The City Council hereby grants the Director of Community
Development the authority and discretion to grant any additional exemptions to the work hour
restrictions not covered by FWCC Section 22-I006(b) to WSDOT for the duration of the Project.
Section 3. Severability. If any section, sentence, clause or phrase ofthis resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase ofthis resolution.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date
of the resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERALW A Y,
WASHINGTON, this day of , 2006.
CITY OF FEDERAL WAY
MAYOR, MICHAEL PARK
Res. # _, Page 3
ATTEST:
CITY CLERK, LAURA HA THA WAY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
K:\Resolution\WSDOT Noise Variance - Hwy 99
Res. #_, Page 4
Attachment A
~
ili
Washington State
Department of Transportation
Douglas 6. MacDonald
Secretary or Transpoltation
Northwest Region
January 3, 2006
Mr. Andy Bergsagcl
City of Federal Way
33530 1st Way South
PO Box 9718
Federal Way, WA 98063-9718
Re: Temporary Noise Variance Request
SR 99 - S. 2841h St to S. 272"d St HOV Lanes project
Dear Mr. Bergsagel:
The purpose of this letter is to request a 29-day nighttime noise variance from the City of Federal
Way for the WSDOT project scheduled along SR 99. This project will occur along SR 99 from
MP ILl 5 to 12.92 and will include widening ofSR 99 to accommodate HOV lanes. The project
also adds retaining walls, stormwater detention and treatment facilities, sidewalks, planter strips,
raised medians, illumination, traffic signalization, and signing.
There are various items of work that require extended lane closures on SR 99. These items
include removing and replacing two existing culverts, and the placement of two underground
detention tanks. Performing these lane closures intemliUently during daytime hours will
significantly increase the number of days that lane closures will be necessary. Such extended lane
closures will cause unacceptable delays and impacts to the traveling public. WSDOT
recommends that items of work requiring extended lane closures be perfonned on a continual
basis in order to expedite the process and lessen the impacts to the traveling public and local
residents. This will require that constmction for such items take place during nighttime hours.
111is project will begin June 2006 and end October 2007, with a total of29 non-consecutive
nights of work during two constmction seasons within the jurisdiction of Federal Way. We are
requesting a 29-day variance from the requirements of Section 22-956 of the Fedeml Way City
Code (as per WAC 173-60-(80) and Section 22-1006 of the Federal Way City Code.
Included in these 29 nights of work are:
· Paving of some sections ofSR 99.
. Remove and replace 2 culverts.
· Placement of underground detention tanks.
· Upgrading drainage facilities.
. Construction of some of the retaining walls.
· Channelization /striping details.
The completion of this work is dependent upon weather, proposed construction schedule of the
contractor and material availability.
We propose the following implementation schedule/plan to comply with the City's noise
ordinance and to minimize noise impacts to nearby residents:
I. The contractor shall provide the City of Federal Way with a detailed construction
schedule as soon as it is available.
2. The contractor shall notify affected residents within 500' of the project limits by
sending a flyer or a letter about the nighttime work at least 7 calendar days in advance
of such work;
3. Lighting used for nighttime work shall, wherever possible, be directed away from
oncoming traffic and residences;
4. All trucks performing export haul shall have rubber bed liners;
5. A)) backup warning devices employed shall be the least obtrusive ambient sensitive
type (or the Contractor may use a backup observer in lieu of backup warning devices
as allowed by WAC Chapter 296-1 55-61O[2][e]);
6. Provide a 24-hour WSDOT complaint number as well as a list of designated contact
persons shall be provided for the purpose of forwarding complaints;
7. Use of temporary shields when possible around stationary equipment when possible.
The construction Project Engineer in charge of administering the contract is:
Messay Shiferaw, P.E.
WSDOT 643 J Corson Avenue S
Seattle, W A 98 I 08
(206) 768-5862
Should construction activities associated with this project cause noise impacts and a noise
complaint is received, we request that you help us resolve it by notifying the Project Engineer
within 24 hours of occurrence.
Please review this proposal and let me know whether it is acceptable by sending written
confirmation to my attention. Or, please give me a call if you have any questions.
Sincerely,
.I~J~
Shawn Gilbertson
Air Quality, Acoustic, and Energy Program Specialist
Washington State Department of Transportation
15700 Dayton Avenue North, NB82-138
P.O. Box 330310
Seattle, W A 98133-9710
Phone:
Fax:
E-mail:
(206) 440-4547
(206) 440-4805
gilbers@wsdot.wa.gov
Attachments
cc:
Messay Shiferaw/Ziyad Zaitoun
Day file
File
MS60
Attachment 1. Vicinity Map
, . ,
BEGIN PROJECT
SR99 MP 12.15
STA 39+64.000
i
END PROJE T
SR99 MP I!Z. 92
5 T A BO+5~. 000
r-..:,
KENT IX,
(;)->
Attachment 2. Construction Equipment
1. Standard Crawler Dozers
2. Chain Saws
3. On-highway tractor-trailer rigs
4. Articulate Frame Grinders
5. Excavators
6. Flat Bed Trucks
7. Street Sweepers
8. Planing Machines
9. Asphalt paving machines
10. Pavement rollers
11. Rubber Tires Rollers
12. Finish Rollers
13. Running-engine power generators
14. Bucket Trucks
15. Portable Light Towers
16. Generators
17. Compressors
18. Chipping Guns
19. Jack Hammers
20. Pumps
21 . Cranes
22. Pile Drivers
Construction Activitv
Retaining wall construction:
Paving:
Drainage:
Roadway Widening:
Possible Equipment Used (from above list)
1,2,3,5,6,7,13,16,17,18,19,20
3,6, 7, 8, 9, 10, 12, 13, 15, 16
1,2,3,5,6,7,13,16,17,18,19,20
1,3,6,7,13,16,17,18,19
WSDOT Project - SR99 S. 284th St to S. 272nd St HOY lanes.
Approximate workzone for weekend nightwork.