The URL can be used to link to this page

Planning Comm RPT 01-19-2005 STAFF REPORT TO THE PLANNING COMMISSION AMENDMENTS TO FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE IV, “NONCONFORMANCE,” AND ARTICLE XVIII, “SIGNS” Planning Commission Meeting of January 19, 2005 I. BACKGROUND The City of Federal Way Potential Annexation Area (PAA) was established through a series of interlocal agreements between the City of Federal Way and neighboring south King County cities. Based upon the State of Washington Growth Management Act (GMA) and King County Countywide Planning Policies, the City would ultimately annex and provide services within its designated PAA. Therefore, as areas are annexed to the City, the City will provide municipal services to these areas and will also be responsible for regulating land use activities including administration of the sign code. Effective January 1, 2005, the City annexed the North Lake, Parkway, and Redondo East areas. II. PURPOSE OF THE PROPOSED AMENDMENTS The purpose of the proposed amendments is to amend the Federal Way City Code (FWCC) Chapter 22, Article IV, “Nonconformance,” and Article XVIII, “Signs,” in order to adopt regulations for signs in areas annexed to the City, and allow for a 10-year amortization period for legal nonconforming signs. Other minor changes intended for clarification are also being proposed. III. SUMMARY OF PROPOSED AMENDMENTS A. AMENDMENTS DIRECTLY RELATED TO APPLYING THE SIGN CODE TO ANNEXATION AREAS Proposed new language is shown as underlined and proposed deletions are shown as strikeout. The following is a summary of the proposed code amendments. 1. Amendments have been proposed throughout Article XVIII, “Signs,” and Article IV, “Nonconformance,” to address signs located within areas annexed to the City upon the effective date of annexation. An example of the proposed language is found on page 9 as follows: 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. Amendments to FWCC Chapter 22, Article IV, “Nonconformance,” & Article XVIII, “Signs” File #04-105205-00-UP Planning Commission Staff Report Page 2 Similar language has been added on pages 5, 9, 24, and 25. 2. Changes are proposed to FWCC 22-1599(h), “Sign Registration,” (page 11) and FWCC 22-335(d), “Notice of Determination,” (page 24), as outlined below, in order to clarify how signs will be inventoried and categorized once an area is annexed to the City. This process is very similar to how the original sign inventory was conducted upon incorporation of the City. (i) The City will conduct a sign inventory of all signs in the annexed area. (ii) Data associated with the sign, such as type, area, height, location and content will be analyzed to determine the status of the sign relative to the City’s sign regulations. (iii) A Notice of Determination will be issued as to whether the sign conforms to the sign regulations, or is a legal nonconforming sign. Those nonconforming signs, that do not meet the definition of a legal nonconforming sign, must be removed upon notification by the City. (iv) If the sign conforms to the City sign regulations, it will be given a Registration Sticker and assigned a Registration Sticker Number. (v) If the sign does not conform to the City sign regulations, but meets the definition of a legal nonconforming sign, it will be given a Sign Inventory Sticker and assigned a Sign Inventory Sticker Number. (vi) Legal nonconforming signs shall be given a 10-year amortization period to comply with city code. 3. The following change has been proposed in order to clarify FWCC 22-335(c)(3) (page 24), which is one of the criteria to be eligible as a legal nonconforming sign: (3) Exclusions. No temporary signs, portable signs, special signs, or incidental signs Except for billboards, off-site signs, and roof signs, prohibited signs as defined in FWCC 22-1600 shall not be eligible for characterization as legal nonconforming signs and must be removed upon notification by the City. 4. Based on the amendments proposed under III.A.2 above, the following definitions are proposed to be added to FWCC 22-1597 Definitions: (56) 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. (57) 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. (74) 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. (79) Sign inventory sticker means the sticker that is assigned to any sign after it has been inventoried. (80) Sign inventory sticker number means the inventory number that is assigned to a sign after it has been inventoried. Amendments to FWCC Chapter 22, Article IV, “Nonconformance,” & Article XVIII, “Signs” File #04-105205-00-UP Planning Commission Staff Report Page 3 (81) 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. 5. FWCC 22-335(g), Loss of legal nonconforming sign status (page 26) lists a number of events that can result in a sign losing its legal nonconforming status. The following event has been added: (7) Expiration of amortization period. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code, on or before February 28, 2000, or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. 6. The following language (shown as strikeout) is proposed to be deleted from FWCC 22-335 (f)(4)(c) (page 25) because the language is no longer applicable: (f) Extension or exemption from amortization period. (4) Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: c. The enforcement of this Code would result in a substantial hardship to the applicant due to the size, shape, topography, location or surroundings of the subject property and such hardship was not created by any action of the applicant or would result in a substantial economic hardship to the applicant because the applicant erected a sign, or made an application for a sign permit, between February 28, 1990, and June 6, 1995, in compliance with the existing sign code; B. OTHER MINOR CHANGES INTENDED FOR CLARIFICATION 1. The definition of roof sign (page 7) is proposed to be amended as follows. This is based on an interpretation that was issued by the City on July 5, 2002: (72) (75) Roof sign means any sign erected, constructed, or placed upon, over, or extends above the eaves or on any portion of the roof of a building or structure, excluding signs affixed to the vertical face of a mansard or gambrel style roof, and which is wholly or in part supported by the building 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. 2. The definition of window sign (page 9) is proposed to be amended to allow the sign to be affixed either inside or outside of the window. (84) (90) Window sign means all signs located inside and affixed to a window and intended to be viewed from the exterior of the structure. 3. FWCC 22-1599(f) Government Signs (page 11) is proposed to be clarified as follows: (f) Government signs. The allowable location, 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” government Amendments to FWCC Chapter 22, Article IV, “Nonconformance,” & Article XVIII, “Signs” File #04-105205-00-UP Planning Commission Staff Report Page 4 facilities must comply with the standards for commercial signs in that zone and be appropriate to the use. 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. 4. FWCC 22-1602(e) Landscaping around freestanding signs (page 21) is proposed to be clarified as follows: (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, Aat the time of planting, a minimum of 50 percent of the required landscaped area should be planted with low shrubs and groundcover such that within two years, 90 percent of the landscaped area is covered. Such plantings can include, but are not limited to, evergreen shrubs, deciduous shrubs, vines, and groundcover or grasses. If all grasses are to be used, the landscaped area must be covered 100 percent at time of planting. Low maintenance plantings are recommended. Alternative landscape plans may be submitted in writing and will be reviewed on a case- by-case basis. These may include, but are not limited to, existing plantings in the area of the sign or landscaping required to be provided under Article XVII, Landscaping, of this chapter. 5. The references in FWCC 22-1604 (a) Compliance with other applicable codes (page 22) are proposed to be clarified as follows: (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 Uniform Sign Code adopted in FWCC 5-281 and the Uniform Building Code 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. IV. STAFF RECOMMENDATION Staff recommends that the Federal Way City Code (FWCC) Chapter 22, Article IV, “Nonconformance,” and Article XVIII, “Signs,” be amended as shown in Exhibits A and B. 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: Amendments to FWCC Chapter 22, Article IV, “Nonconformance,” & Article XVIII, “Signs” File #04-105205-00-UP Planning Commission Staff Report Page 5 1. To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528. 3. To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. VI. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. The proposed FWCC text amendment is consistent with the following Federal Way Comprehensive Plan (FWCP) goals and policies: LUG1 Improve the appearance and function of the built environment. LUP15 Protect residential areas from impacts of adjacent non-residential uses. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed amendment bears a substantial relationship to public health, safety, or welfare by extending the City sign regulations to newly annexed areas, thereby providing consistent application of the regulation and consistent enforcement of signs for similar uses. In addition, providing controls on signs provides a balance between the rights of individuals and the community interest. 3. The proposed amendment is in the best interest of the residents of the City. The proposed text amendment is in the best interest of the residents of the City because it provides consistent sign regulation throughout the City while it eases the economic impact of the code on sign owners in the annexed areas by giving them a 10-year amortization period. 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: Amendments to FWCC Chapter 22, Article IV, “Nonconformance,” & Article XVIII, “Signs” File #04-105205-00-UP Planning Commission Staff Report Page 6 1. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or 4. Forward the proposed FWCC text amendments to City Council without a recommendation. VIII. EXHIBITS Exhibit A FWCC Chapter 22, Article XVIII, “Signs” Exhibit B FWCC Section 22-335, “Nonconforming Signs” I:\2004 Code Amendments\Wellhead Protection\Planning Commission\Staff Report.doc/01/20/2005 8:52 AM ©2004 Code Publishing Co. Page 1 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 Cconsistency with the comprehensive plan; (7) Recognize that the aesthetic value of the total environment does affect economic values of the community, and that the unrestricted proliferation of signs can and does detract from the economic value of the community; (8) Provide controls on sign proliferation to preserve community scenic, economic, and aesthetic values; and (9) Provide for the elimination of billboard signs after a reasonable amortization period recognizing that billboards affect the aesthetic value of the community thereby reducing property values and impacting traffic safety because of the distraction that is created by large signage along public rights-of-way. (Ord. No. 95- 235, § 4, 6-6-95; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 99-357, § 5, 12-7-99) 22-1597 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Abandoned sign means any sign remaining in place after a sign has not been maintained for a period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180 consecutive days. ©2004 Code Publishing Co. Page 2 (2) Administrator means the director of community development or his/her designated representative. (3) Animated or moving sign means any sign that uses movement, by either natural or mechanical means, or change of lighting, either natural or artificial, to depict action to create a special effect or scene. (4) Architectural embellishments – Signs means the aesthetic elements of the structure that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. (5) Awning means a shelter projecting from and supported by the exterior wall of the building and, which is are constructed of a noncombustible framework and covered by a flexible or nonrigid fabric. Awnings can be fixed, retractable, or collapsible. Any structure that extends above the adjacent parapet or roof of a supporting building is not included within the definition of awning. (6) Awning or canopy sign means a non-electric sign on the vertical surface or flap that is printed on, painted on, or attached to an awning or canopy. Illumination for the awning or canopy shall be for safety purposes only, and therefore, shall point toward the ground and not illuminate the canopy. (See also “Marquee sign.”) (7) Balloon means a decorative inflatable device, generally composed of a thin layer of latex or mylar, into which a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See also “Inflatable advertising device.”) (8) Banner means a sign made of fabric or any nonrigid material with no enclosing framework. (9) Billboard means 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, government signs, or instructional signs. (10) Building-mounted signs means any sign attached to the facade or face of a building or mansard roof including without limitation wall signs, marquee signs, under canopy signs and projecting signs. (11) Cabinet sign means a sign constructed of a box, rigid material, or framework over or within which is secured the sign copy, text graphics, or other sign elements. Cabinet signs may have either interior or exterior illumination. (12) Canopy – Building means a rigid, multi-sided structure covered with fabric, metal, or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities. Any structure which extends above any adjacent parapet or roof of the supporting building is not included within the definition of a building canopy. ©2004 Code Publishing Co. Page 3 (13) Canopy – Freestanding means a rigid, multi-sided structure covered with fabric, metal, or other material and supported by one or more posts embedded in the ground. (14) Canopy sign. See “Awning or canopy sign.” (15) Center identification sign means a building-mounted or freestanding sign that identifies the name and/or logo of a development containing more than one office, retail, institutional or industrial use or tenant and which may separately identify the tenants. (16) Changeable copy sign means a sign whose 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. (17) City means the city of Federal Way, a Washington municipal corporation, unless the context clearly indicates otherwise. (18) Clearview zone means the definition set forth in FWCC 22-1511 et seq. of this Code for intersection sight distance requirements. (19) Community service event or civic event means an event or gathering (such as a food fest, concert, fun run, cultural exhibition, or charitable fund raising event) sponsored by a private or public nonprofit organization. Sponsoring organizations can include, but are not limited to, schools, churches, and/or civic 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. (20) Construction sign means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Construction signs also include “Coming soon” and “Open During Construction” signs. (21) Copy means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. (22) 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). (23) Electrical sign means a sign or sign structure in which electrical wiring, connections, or fixtures are used. (24) Electronic changeable message sign means an electronically activated sign whose message content, either whole or in part, may be changed by means of electronic programming. (25) Exposed building face means the building exterior wall of a single occupant building or the building exterior wall of an individual tenant’s leased space in a multi-tenant complex, including the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation for building- mounted signs. (26) Facade means the entire building front including the parapet. (27) Festoons means a string of ribbons, tinsel, small flags, or pinwheels. (28) Flag means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem or for decoration. (29) Flashing sign means a sign when any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination. (30) Freestanding sign means a sign supported 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.” ©2004 Code Publishing Co. Page 4 (31) Frontage means the length of the property line along any public right-of-way on which it borders. (32) Frontage, building means the length of an outside building wall on a public right-of-way. (33) Fuel price sign means a sign displaying the price of fuel for motorized vehicles. (34) Graffiti means the inscription of symbols, works, or pictures by painting, spray painting or other means of defacing public or private property. (35) Grand opening means a promotional activity used by newly established businesses to inform the public of their location and services available to the community. A grand opening does not mean an annual or occasional promotion of retail sales or other services, and does not include a change in ownership, remodeling, or other change incidental to the initial establishment of the business. (36) Ground-mounted sign means a pedestal sign, pole, pylon, monument sign, or any sign permanently affixed to the ground. (37) Government sign means any temporary or permanent sign erected and maintained by any city, public utility, county, state, or federal government for designation of or direction to any school, hospital, hospital site, property, or facility, including without limitation traffic signs, directional signs, warning signs, informational signs, and signs displaying a public service message. (38) Height (of a sign) means the vertical distance measured from the highest point of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. (39) Identification sign means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified. (40) Identification sign (subdivision) means freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development. (41) Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. (42) Incidental sign means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business). (43) 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. ©2004 Code Publishing Co. Page 5 (44) Instructional sign means a sign which designates public information including, without limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs. (45) Integral sign means a sign displaying a building date, monument citation, commemorative inscription, or similar historic information. (46) Kiosk means a freestanding sign, which may have a round shape or which may have two or more faces and which is used to provide directions, advertising or general information. (47) Maintenance means the cleaning, painting, and minor repair of a sign in a manner that does not alter the basic design, size, height, or structure of the sign. (48) Marquee sign means any sign attached to or supported by a marquee, which is a permanent roof- like projecting structure attached to a building. (49) Menu board means a permanently mounted sign advertising the bill of fare for a drive-in or drive- through restaurant. (50) Monument sign means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. (See drawing set forth in FWCC 22-1602(c)(2), Figure 8.) (51) Multi-tenant complex means a complex containing two or more uses or businesses. (52) Multiuse complex means the definition of “multiuse complex” set forth in FWCC 22-1. (53) Mural means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business, product, service, or activity. (54) Nameplate means a non-electric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants of the building. (55) Neon (outline tubing) sign means a sign consisting of glass tubing, filled with neon gas, or other similar gas, which glows when electric current is sent through it. (56) Nonconforming sign means any sign which was 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. (57) 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. (56) (58) Obsolete sign means a sign that advertises a product that is no longer made, a business that is no longer in operation, or an activity or event that has already occurred, except for historical signs. (57) (59) 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. (58) (60) On-site sign means a sign which contains only advertising strictly applicable to a lawful use of the subject property on which the sign is located, including without limitation signs indicating the business transacted, principal services rendered, and goods sold or produced on the subject property, or name of the business and name of the person occupying the subject property. (59) (61) Person means any individual, corporation, association, firm, partnership, or other legal entity. (60) (62) Pedestal means freestanding signs supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. Such base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWCC 22-1602(c)(1), Figure 6.) (61) (63) Point of purchase display or sign means an advertisement for an item accompanying its display indicating only instructions and the contents or purpose of the item (e.g., an advertisement on a product dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.). (62) (64) Pole or pylon signs means freestanding signs supported permanently upon the ground by poles or braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property and not attached to any building. (See drawing set forth in FWCC 22-1602(c)(1), Figure 7.) ©2004 Code Publishing Co. Page 6 (63) (65) 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. (64) (66) 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. (65) (67) 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.). (66) (68) 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. (67) (69) Private notice sign means a sign announcing a restriction or warning regarding the subject property, such as, but not limited to, “no trespassing” or “beware of dog.” (68) (70) Projecting sign means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign. (69) (71) 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. ©2004 Code Publishing Co. Page 7 (70) (72) Real estate, off-site sign means a portable or temporary sign announcing the proposed sale of property other than the property upon which the sign is located and providing directions to the subject property. (71) (73) Real estate, on-site sign means a sign placed on the subject property and announcing the sale or rental of the subject property. (74) 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. (72) (75) Roof sign means any sign erected, constructed, or placed upon, over, or extends above the eaves or on any portion of the roof of a building or structure, excluding signs affixed to the vertical face of a mansard or gambrel style roof, and which is wholly or in part supported by the building 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. (73) (76) Sign means any communication device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for the purpose of: (a) Providing information or directions; or (b) Promoting, identifying, or advertising any place, building, use, business, event, establishment, product, good, or service, and includes all supports, braces, guys, and anchors associated with such sign. Painted wall designs or patterns which do not represent a product, service, or registered trademark, and which do not identify the user, are not considered signs. If a painted wall design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered as part of the sign. (74) (77) Sign area means the entire area of a sign on which colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademarks and/or written copy is to be placed, excluding sign structure, architectural embellishments and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or written copy; provided, however, that individual letters, numbers or symbols using a canopy, awning or wall as the background, without added decoration or change in the canopy, awning or wall color, have sign area calculated by measuring the perimeter enclosing each letter, number or symbol and totaling the square footage of these perimeters. ©2004 Code Publishing Co. Page 8 (75) (78) Sign face means the area of a sign on which the colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademark and/or written copy is placed. (79) Sign inventory sticker means the sticker that is assigned to any sign after it has been inventoried. (80) Sign inventory sticker number means the inventory number that is assigned to a sign after it has been inventoried. (81) 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. (76) (82) 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. (77) (83) Temporary sign means a sign not constructed or intended for long-term use. (78) (84) Tenant directory sign means a sign for listing the tenants or occupants and then suite numbers of a building or center. (79) (85) Time and temperature sign means any sign that displays the current time and temperature, without any commercial message. ©2004 Code Publishing Co. Page 9 (80) (86) Under canopy sign means any sign intended generally to attract pedestrian traffic suspended beneath a canopy or marquee which is at a 90-degree right angle to the adjacent exposed building face and which contains no commercial messages other than the name of the business. (81) (87) 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. (82) (88) 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. (83) (89) Warning sign means any sign which is intended to warn persons of prohibited activities such as “no trespassing,” “no hunting,” and “no dumping.” (84) (90) Window sign means all signs located inside and affixed to a window and intended to be viewed from the exterior of the structure. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 99- 357, § 5, 12-7-99) 22-1598 Scope. This article applies to all existing signs and all signs erected, moved, relocated, enlarged, structurally changed, painted, or altered after February 28, 1990, the date of incorporation, or after the effective date of annexation if located in areas annexed to the city thereafter. and all such signs must comply with the requirements of this chapter. Any nonconforming sign shall be regulated pursuant to FWCC 22-335. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 99-357, § 5, 12-7-99) 22-1599 Permits. (a) Permit requirements. No sign governed by the provisions of this Code shall be erected, moved, enlarged, altered or relocated by any person without a permit issued by the city unless such sign is expressly excluded from this permitting requirement pursuant to subsection (d) of this section. An applicant shall pay the permit fees set forth in the city’s fee schedule. No new permit is required for signs which have valid, existing permits and which conform with the requirements of this Code on the date of its adoption unless and until the sign is altered or relocated. Signs which, on the date of adoption of this Code, or date of annexation if located in areas annexed to the city thereafter, do not conform with this Code’s requirements may be eligible for characterization as legal nonconforming signs and for nonconforming sign permits under FWCC 22-335. (b) Permit applications. Applications for permits shall contain the name and address of the owner and user of the sign, the name and address of the owner of the property on which the sign is to be located, the location of the sign structure, drawings or photographs showing the design and dimensions of the sign, details of the sign’s proposed placement and such other pertinent information as the administrator may require to insure compliance with this Code. (c) Permit expiration and inspection. All sign permits expire one year from the date of issuance. If no work was initiated to install or construct any part of the sign, the permit for such sign expires six months from the date of issuance. All signs for which a permit was issued must receive a final inspection for compliance with applicable requirements. It is the responsibility of the applicant to provide access for inspection. (d) Permit exceptions. (1) Maintenance and operation. A sign permit is not required for maintenance of a sign or for operation of a changeable copy sign and/or an electronic changeable message sign. (2) Exempt signs. A sign 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 ©2004 Code Publishing Co. Page 10 issuance of a building permit and shall be removed prior to the issuance of a certificate of occupancy. One “Coming Soon” or “Open During Construction” sign per site entrance is also permitted. e. Directional signs, on-site. Each sign shall not exceed four square feet in sign area if the directional sign is indicating one direction and shall not exceed eight square feet in sign area if such sign is indicating more than one direction. Each sign may be no more than five feet in height. No more than two signs per street frontage are permitted for multi-tenant complexes. Single-tenant properties shall be reviewed on a case-by-case basis. Center or complex names or logos shall not comprise more than 20 percent of the total sign area. f. Flags of any nation, government, educational institution, or noncommercial organization. Decorative flags without corporate logos or other forms of advertising are also excluded 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 recognized holidays. k. Incidental signs attached to a structure or building, providing that the total of all such signs per use or business shall not exceed two square feet. l. Instructional signs that do not exceed six square feet in area per sign face. m. Integral design features when such features are an essential part of the architecture of a building (including religious symbols) and when such features do not represent a product service, or registered trademark. n. Integral signs when no more than one per building. o. Interior signs located completely within a building or structure and not intended to be visible from outside the structure, exclusive of window signs. p. Menu board not to exceed 32 square feet per sign face and a maximum height of five feet (two permitted per site). q. Nameplates not to exceed two square feet per sign face. r. Nonblinking small string lights which are part of decoration to be used in association with landscaped areas and trees. s. Point of purchase displays. Point of purchase signs are limited to two square feet in area and one sign per point of purchase. Such signs shall only display instructional or price information and shall not include copy pertaining to any special sale or promotion. Point of purchase display signs shall be permitted in conjunction with an outdoor use, activity, or storage as authorized under Article II, Division 8 of this chapter. t. Political signs so long as the maximum area per sign is limited to six square feet. No political sign shall be displayed later than seven calendar days after a final election. u. Private advertising signs. The sign shall be limited to eight square feet per sign face and five feet in height, the sign must be immediately removed at the end of an event, use or condition, the sign must contain the address of the event or advertiser, and there shall be no more than six such signs advertising an event. v. Private notice signs. w. Real estate signs. 1. Off-site. The number of off-site real estate signs shall be limited to six per property per agent; provided, however, that there shall be a minimum separation of 200 lineal feet between such signs. The area of such signs shall be no greater than six square feet per sign face. All 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. ©2004 Code Publishing Co. Page 11 2. On-site. The number of on-site real estate signs shall be limited to one per agent per street frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall be no greater than six square feet per sign face. For other uses and developments, the size shall not exceed 32 square feet per sign face. All on-site real estate signs must be removed when the sale closes, or in the case of a rental or lease, when the tenant takes possession. x. Temporary business signs for temporary business defined by FWCC 9-386; provided, however, that each licensed temporary business is only allowed two signs of 16 square feet per sign face. If only one sign is used, that sign may be 32 square feet per sign face. y. Under canopy signs not exceeding the width of the canopy and eight square feet in size; and provided, that a minimum separation exists between such signs equal to 20 lineal feet or more. z. Warning signs. aa. Window signs not exceeding 25 percent of the window area only to advertise products, goods or services for sale on site, business identification, hours of operation, address, and emergency information. (e) Temporary and special signs. No permit for any sign for any civic event, community service event, special sale/promotional event, grand openings, mural display or scoreboards shall be used issued unless such sign complies with the sign type, maximum number, maximum sign face area, maximum height, location, duration and all other allowances and limitations for those uses described in Table 1, “Allowances for Temporary and Special Signs – Permit Required.” (f) Government signs. The allowable location, 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.” government facilities must comply with the standards for commercial signs in that zone and be appropriate to the use. 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, 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 such registration 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. The sign registration shall be issued in connection with a person’s business registration pursuant to FWCC 9-29 or issued after the city has independently obtained the dimensions of the sign and other necessary information. Sign owners or users who, on the date of adoption of this Code, have current business registrations are not required to apply to register their signs until the next renewal of their business registration. 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. No permit fees will be charged in connection with such sign registrations. The city will assign a registration number to each sign upon issuance of the business registration and approval of a sign registration application. The city shall affix the registration sticker containing the registration number to the face of the permitted sign. Upon issuance of a registration, For signs located in areas annexed to the city, the city will issue a Notice of Determination advise an applicant if his/her as to whether the sign is in compliance with this Code, is a legal nonconforming sign pursuant to FWCC 22-335, or an illegal nonconforming sign pursuant to this Code. (i) Bond. The city may require a bond under FWCC 22-146 et seq. to ensure compliance with any aspect of this article. ©2 0 0 4 C o d e P u b l i s h i n g C o . Page 12 Ta b l e 1 Al l o w a n c e s f o r T e m p o r a r y a n d S p e c i a l S i g n s – P e r m i t R e q u i r e d Si g n P u r p o s e / De s c r i p t i o n Ap p l i c a b l e Zo n e s Si g n T y p e A l l o w e d Ma x i m u m Nu m b e r Ma x i m u m S i g n A r e a Ma x i m u m He i g h t Lo c a t i o n Remarks Ci v i c e v e n t o r co m m u n i t y s e r v i c e ev e n t ( t e m p o r a r y ) Al l Wa l l - m o u n t e d ba n n e r s , t e m p o r a r y po r t a b l e s i g n s , in f l a t a b l e a d v e r t i s i n g de v i c e s , s e a r c h l i g h t s an d b e a c o n s Ha n d l e d o n a ca s e - b y - c a s e ba s i s O f f - s i t e s i g n s , e x c l u d i n g w a l l - mo u n t e d b a n n e r s , m a y b e n o la r g e r t h a n s i x s q u a r e f e e t p e r fa c e . O n s i t e s i g n s a n d w a l l - mo u n t e d b a n n e r s m a y b e n o la r g e r t h a n 3 2 s q u a r e f e e t p e r fa c e Fi v e f e e t e x c e p t wa l l - m o u n t e d si g n s On s i t e a n d o f f si t e 30 d a y s p r i o r t o t h e e v e n t . Re m o v e w i t h i n f i v e d a y s of t h e c l o s e o f t h e e v e n t Ci v i c e v e n t o r co m m u n i t y s e r v i c e ev e n t ( p e r m a n e n t ) Al l Fr e e s t a n d i n g mo n u m e n t o r w a l l s i g n On e p e r s i t e Th e t o t a l s i g n a r e a o f fr e e s t a n d i n g m o n u m e n t s i g n s sh a l l n o t e x c e e d 6 4 s q u a r e f e e t fo r t h e t o t a l o f a l l f a c e s a n d n o on e f a c e s h a l l e x c e e d 3 2 s q u a r e fe e t . W a l l s i g n s s h a l l n o t ex c e e d s e v e n p e r c e n t o f t h e ex p o s e d b u i l d i n g f a c e t o w h i c h it i s a t t a c h e d Mo n u m e n t si g n s : s i x f e e t . Fr e e s t a n d i n g si g n s : 1 2 f e e t . Wa l l s i g n s s h a l l no t p r o j e c t ab o v e t h e ro o f l i n e No n - r e s i d e n t i a l zo n e s : o n / o f f s i t e . Re s i d e n t i a l z o n e s : on s i t e o n l y El e c t r o n i c c h a n g e a b l e me s s a g e s i g n s a l l o w e d . Si g n s c a n n o t c o n t a i n co m m e r c i a l m e s s a g e s Sp e c i a l s a l e / pr o m o t i o n a l e v e n t ( e . g . , an n i v e r s a r y s a l e , e t c . ) No n - re s i d e n t i a l zo n i n g di s t r i c t s Ba n n e r s o n l y Ha n d l e d o n a ca s e - b y - c a s e ba s i s Ha n d l e d o n a c a s e - b y - c a s e ba s i s Ha n d l e d o n a ca s e - b y - c a s e ba s i s On s i t e . B a n n e r s mu s t b e a t t a c h e d to a n e x p o s e d bu i l d i n g f a c e Sp e c i a l p r o m o t i o n s : 9 0 da y s t o t a l p e r c a l e n d a r ye a r . N o m o r e t h a n f o u r ev e n t s p e r y e a r . D o e s n o t in c l u d e w i n d o w s i g n s Gr a n d o p e n i n g s No n - re s i d e n t i a l zo n i n g di s t r i c t s Ba n n e r s , t e m p o r a r y po r t a b l e s i g n s , in f l a t a b l e a d v e r t i s i n g de v i c e s , s e a r c h l i g h t s an d b e a c o n s Ha n d l e d o n a ca s e - b y - c a s e ba s i s Ha n d l e d o n a c a s e - b y - c a s e ba s i s Ha n d l e d o n a ca s e - b y - c a s e ba s i s On s i t e . B a n n e r s mu s t b e a t t a c h e d to a n e x p o s e d bu i l d i n g f a c e Gr a n d o p e n i n g s : 3 0 d a y s . Ev e n t m u s t o c c u r w i t h i n 60 d a y s o f o c c u p a n c y Mu r a l d i s p l a y No n - re s i d e n t i a l zo n i n g di s t r i c t s Pa i n t e d m u r a l Ha n d l e d o n a ca s e - b y - c a s e ba s i s Ha n d l e d o n a c a s e - b y - c a s e ba s i s Ha n d l e d o n a ca s e - b y - c a s e ba s i s Ha n d l e d o n a ca s e - b y - c a s e b a s i s Sc o r e b o a r d s ( a t h l e t i c fi e l d s ) Al l El e c t r o n i c c h a n g e a b l e me s s a g e s i g n Ha n d l e d o n a ca s e - b y - c a s e ba s i s Ha n d l e d o n a c a s e - b y - c a s e ba s i s Ha n d l e d o n a ca s e - b y - c a s e ba s i s Ha n d l e d o n a ca s e - b y - c a s e b a s i s ©2 0 0 4 C o d e P u b l i s h i n g C o . Page 13 Ta b l e 2 Si g n A l l o w a n c e s f o r R e s i d e n t i a l Z o n e s – P e r m i t R e q u ir e d Re s i d e n t i a l Z o n e s = S u b u r b a n E s t a t e s ( S E ) , S i n g l e - F am i l y ( R S ) , M u l t i f a m i l y R e s i d e n t i a l ( R M ) La n d U s e Ap p l i c a b l e Zo n e Si g n T y p e Al l o w e d Ma x i m u m Nu m b e r Ma x i m u m Si g n A r e a Ma x i m u m H e i g h t Lo c a t i o n Remarks In s t i t u t i o n a l • Go v t . f a c i l i t y • Pu b l i c p a r k • Pu b l i c u t i l i t y • Sc h o o l SE , R S , R M Ca n o p y s i g n Mo n u m e n t s i g n Pe d e s t a l s i g n Wa l l s i g n On e s i g n f o r e a c h pu b l i c e n t r a n c e pr o v i d i n g d i r e c t ve h i c l e a c c e s s Th e t o t a l s i g n a r e a o f m o n u m e n t si g n s s h a l l n o t e x c e e d 6 4 s q u a r e fe e t f o r t h e t o t a l o f a l l f a c e s a n d no o n e f a c e s h a l l e x c e e d 3 2 sq u a r e f e e t . W a l l s i g n s a n d ca n o p y s i g n s s h a l l n o t e x c e e d se v e n p e r c e n t o f t h e e x p o s e d bu i l d i n g f a c e t o w h i c h i t i s at t a c h e d Wa l l a n d c a n o p y si g n s : c a n n o t p r o j e c t ab o v e t h e r o o f l i n e . Mo n u m e n t s i g n s : s i x fe e t . P e d e s t a l s i g n : 1 2 fe e t Su b j e c t p r o p e r t y : se t b a c k f i v e - f o o t mi n i m u m In t e r n a l l y i l l u m i n a t e d s i g n s a r e n o t al l o w e d ; p r o v i d e d , h o w e v e r , t h a t el e c t r o n i c c h a n g e a b l e m e s s a g e s i g n s a n d ch a n g e a b l e c o p y s i g n s a r e a l l o w e d . C i t y ma y i m p o s e a d d i t i o n a l l i m i t a t i o n s o n si g n s t o b e c o m p a t i b l e w i t h n e a r b y re s i d e n t i a l a r e a s Re c r e a t i o n • Go l f c o u r s e • Re c r e a t i o n a r e a or c l u b h o u s e • Sp o r t s f i e l d – Pr i v a t e , n o n - co m m e r c i a l SE , R S , R M Ca n o p y s i g n Mo n u m e n t s i g n Pe d e s t a l s i g n Wa l l s i g n On e s i g n f o r e a c h st r e e t f r o n t a g e pr o v i d i n g d i r e c t ve h i c l e a c c e s s Th e t o t a l s i g n a r e a o f m o n u m e n t si g n s s h a l l n o t e x c e e d 6 4 s q u a r e fe e t f o r t h e t o t a l o f a l l f a c e s a n d no o n e f a c e s h a l l e x c e e d 3 2 sq u a r e f e e t . W a l l s i g n s a n d ca n o p y s i g n s s h a l l n o t e x c e e d se v e n p e r c e n t o f t h e e x p o s e d bu i l d i n g f a c e t o w h i c h i t i s at t a c h e d Wa l l a n d c a n o p y si g n s : c a n n o t p r o j e c t ab o v e t h e r o o f l i n e . Mo n u m e n t s i g n s : s i x fe e t . P e d e s t a l s i g n : 1 2 fe e t Su b j e c t p r o p e r t y : se t b a c k f i v e - f o o t mi n i m u m In t e r n a l l y i l l u m i n a t e d s i g n s a r e n o t al l o w e d ; p r o v i d e d , h o w e v e r , t h a t t h e el e c t r o n i c c h a n g e a b l e m e s s a g e s i g n s a n d ch a n g e a b l e c o p y s i g n s a r e a l l o w e d . C i t y ma y i m p o s e a d d i t i o n a l l i m i t a t i o n s o n si g n s t o b e c o m p a t i b l e w i t h n e a r b y re s i d e n t i a l a r e a s Re s i d e n t i a l d w e l l i n g un i t s SE , R S , R M Mo n u m e n t s i g n Wa l l s i g n On e p e r d w e l l i n g un i t Tw o s q u a r e f e e t Wa l l a n d c a n o p y si g n s : c a n n o t p r o j e c t ab o v e t h e r o o f l i n e . Mo n u m e n t s i g n s : f i v e fe e t Su b j e c t p r o p e r t y : se t b a c k f i v e - f o o t mi n i m u m Co m m e r c i a l m e s s a g e s n o t a l l o w e d . In t e r n a l l y i l l u m i n a t e d o r e l e c t r i c a l s i g n s no t a l l o w e d Su b d i v i s i o n id e n t i f i c a t i o n SE , R S , R M Mo n u m e n t s i g n Pe d e s t a l s i g n Po l e s i g n Py l o n s i g n Wa l l s i g n Tw o p e r m a j o r en t r a n c e Tw o s i g n s p e r e n t r a n c e t o t a l i n g no m o r e t h a n 5 0 s q u a r e f e e t . N o on e s i g n m a y b e m o r e t h a n 3 2 sq u a r e f e e t Wa l l a n d c a n o p y si g n s : c a n n o t p r o j e c t ab o v e t h e r o o f l i n e . Mo n u m e n t , p e d e s t a l , po l e o r p y l o n s i g n s : fi v e f e e t Su b j e c t p r o p e r t y Co m m e r c i a l m e s s a g e s n o t a l l o w e d . In t e r n a l l y i l l u m i n a t e d o r e l e c t r i c a l s i g n s no t a l l o w e d . S i g n s m a y b e i n c l u d e d a s pa r t o f a f e n c e o r o t h e r a r c h i t e c t u r a l fe a t u r e Ma n u f a c t u r e d h o m e pa r k i d e n t i f i c a t i o n RS , R M Mo n u m e n t s i g n Wa l l s i g n Tw o p e r m a j o r en t r a n c e 32 s q u a r e f e e t p e r e n t r a n c e . Wa l l s i g n s a n d c a n o p y s i g n s sh a l l n o t e x c e e d s e v e n p e r c e n t of t h e e x p o s e d b u i l d i n g f a c e t o a ma x i m u m o f 1 0 0 s q u a r e f e e t Wa l l a n d c a n o p y si g n s : c a n n o t p r o j e c t ab o v e t h e r o o f l i n e . Mo n u m e n t s i g n s : f i v e fe e t Su b j e c t p r o p e r t y : se t b a c k f i v e - f o o t mi n i m u m Co m m e r c i a l m e s s a g e s n o t a l l o w e d . In t e r n a l l y i l l u m i n a t e d o r e l e c t r i c a l s i g n s no t a l l o w e d ©2 0 0 4 C o d e P u b l i s h i n g C o . Page 14 La n d U s e Ap p l i c a b l e Zo n e Si g n T y p e A l l o w e d Ma x i m u m Nu m b e r Ma x i m u m Si g n A r e a Ma x i m u m H e i g h t Lo c a t i o n Remarks Mu l t i f a m i l y c o m p l e x id e n t i f i c a t i o n RM , R S Mo n u m e n t s i g n Wa l l s i g n Tw o p e r m a j o r en t r a n c e 32 s q u a r e f e e t p e r e n t r a n c e . Wa l l s i g n s a n d c a n o p y s i g n s sh a l l n o t e x c e e d s e v e n p e r c e n t of t h e e x p o s e d b u i l d i n g f a c e t o a ma x i m u m o f 1 0 0 s q u a r e f e e t Wa l l a n d c a n o p y si g n s : c a n n o t p r o j e c t ab o v e t h e r o o f l i n e . Mo n u m e n t s i g n s : f i v e fe e t Su b j e c t p r o p e r t y : se t b a c k f i v e - f o o t mi n i m u m Co m m e r c i a l m e s s a g e s n o t a l l o w e d . Ph o n e n u m b e r s a r e p e r m i t t e d o n w a l l - mo u n t e d s i g n s w h e n n o t f a c i n g a n o t h e r re s i d e n t i a l u s e . I n t e r n a l l y i l l u m i n a t e d o r el e c t r i c a l s i g n s n o t a l l o w e d Un i q u e Ce m e t e r y SE , R S Ha n d l e d o n a ca s e - b y - c a s e b a s i s Ha n d l e d o n a ca s e - b y - c a s e b a s i s Ha n d l e d o n a c a s e - b y - c a s e b a s i s Ha n d l e d o n a c a s e - b y - ca s e b a s i s Ha n d l e d o n a ca s e - b y - c a s e b a s i s Ha n d l e d o n a c a s e - b y - c a s e b a s i s Da y c a r e o r p r e - sc h o o l , e x c l u d i n g Cl a s s I I h o m e oc c u p a t i o n s SE , R S , R M Ca n o p y s i g n Mo n u m e n t s i g n Wa l l s i g n On e f r e e s t a n d i n g si g n p e r s t r e e t fr o n t a g e Wa l l o r c a n o p y s i g n s m a y n o t ex c e e d s e v e n p e r c e n t o f t h e ex p o s e d b u i l d i n g f a c e t o w h i c h th e s i g n i s a t t a c h e d t o a ma x i m u m o f 5 0 s q u a r e f e e t . Th e t o t a l s i g n a r e a f o r mo n u m e n t s i g n s m a y n o t ex c e e d 2 0 s q u a r e f e e t p e r s i g n fa c e . A d a y c a r e o r p r e - s c h o o l th a t i s p a r t o f a c h u r c h o r sy n a g o g u e m a y a d d 2 0 s q u a r e fe e t p e r f a c e t o a n e x i s t i n g mo n u m e n t s i g n a s s o c i a t e d w i t h th e c h u r c h o r s y n a g o g u e Fi v e f e e t Su b j e c t p r o p e r t y : se t b a c k f i v e - f o o t mi n i m u m El e c t r o n i c c h a n g e a b l e m e s s a g e s i g n s an d c h a n g e a b l e c o p y s i g n s a r e a l l o w e d . Ci t y m a y i m p o s e a d d i t i o n a l l i m i t a t i o n s on s i g n s t o b e c o m p a t i b l e w i t h n e a r b y re s i d e n t i a l a r e a s Ch u r c h , s y n a g o g u e , or o t h e r p l a c e o f wo r s h i p SE , R S , R M Ca n o p y s i g n Mo n u m e n t s i g n Wa l l s i g n On e s i g n f o r e a c h st r e e t f r o n t a g e pr o v i d i n g d i r e c t ve h i c l e a c c e s s Th e t o t a l s i g n a r e a o f m o n u m e n t si g n s s h a l l n o t e x c e e d 6 4 s q u a r e fe e t f o r t h e t o t a l o f a l l f a c e s a n d no o n e f a c e s h a l l e x c e e d 3 2 sq u a r e f e e t . W a l l s i g n s a n d ca n o p y s i g n s s h a l l n o t e x c e e d se v e n p e r c e n t o f t h e e x p o s e d bu i l d i n g f a c e t o w h i c h i t i s at t a c h e d Wa l l a n d c a n o p y si g n s : c a n n o t p r o j e c t ab o v e t h e r o o f l i n e . Mo n u m e n t s i g n s : f i v e fe e t Su b j e c t p r o p e r t y : se t b a c k f i v e - f o o t mi n i m u m El e c t r o n i c c h a n g e a b l e m e s s a g e s i g n s an d c h a n g e a b l e c o p y s i g n s a r e a l l o w e d . Ci t y m a y i m p o s e a d d i t i o n a l l i m i t a t i o n s on s i g n s t o b e c o m p a t i b l e w i t h n e a r b y re s i d e n t i a l a r e a s (O r d . N o . 9 9 - 3 4 8 , § 5 , 9 - 7 - 9 9 ; O r d . N o . 9 9 - 3 5 7 , § 5 , 1 2 - 7 - 9 9 ) ©2004 Code Publishing Co. Page 15 22-1600 Prohibited signs. The following signs or displays are prohibited in all zones within the city. Prohibited signs are subject to removal by the city at the owner’s or user’s expense pursuant to FWCC 22-1604: (1) Abandoned or obsolete signs. (2) Animated or moving signs. (3) Banners, except as expressly allowed pursuant to Table 1 and FWCC 22-1599(d)(2)(f). (4) Billboards. (5) Dilapidated, nonmaintained signs. (6) Flashing signs, except electronic changeable message signs or changeable copy signs. (7) Graffiti. (8) Inflatable advertising devices, except as expressly allowed in FWCC 22-1599(e). (9) Mylar balloons. (10) Obstructing signs which obstruct or interfere with free access to or egress from a required exit from a building or structure. (11) Off-site signs except those expressly allowed in this chapter. (12) Pennants, streamers, ribbons, spinners, whirlers, propellers, festoons, blinking lights, or similar items that attract attention through movement, reflection or illumination unless expressly allowed pursuant to Table 1 of this article. (13) Portable signs except as expressly allowed in FWCC 22-1599(d)(2). (14) Real estate signs providing information other than the name of the development and that the subject property is for sale, lease or rent, such as signs which only announce the features or amenities of the subject property (i.e., features such as indoor pool, hot tub, fireplaces, skylights, covered parking, free cable, laundromat services, community centers, etc.). (15) Right-of-way signs including any sign in a public right-of-way except governmental signs. (16) Roof signs. (17) Simulations of traffic signs. Any sign using the words “stop,” “look,” or “danger,” or any other words, symbols, or characters in such a manner as to interfere with, mislead, or confuse pedestrian or vehicular traffic. (18) Snipe signs. (19) Vehicle signs including any sign attached to, or placed on, a parked vehicle or trailer used principally for advertising purposes, rather than transportation, but excluding signs relating to the sale, lease, or rental of the vehicle or trailer and excluding signs which identify a firm or its principal product on a vehicle operated during the normal course of business. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 99-357, § 5, 12-7-99) 22-1601 Signs in nonresidential zoning districts. (a) Freestanding signs. Permit applications for freestanding signs shall be designated as qualifying for a high profile, medium profile or low profile sign, based upon criteria regarding both the size and zoning designation of the development. The sign profile designation shall control the sign types, sign height, sign area and number of signs allowed. Separate parcels or pads for single-tenant buildings that comply with all zoning requirements for single-tenant parcels, excluding access, and are not otherwise tied to an adjacent multi-tenant center by virtue of architectural style or theme, are permitted one freestanding monument or pedestal sign not to exceed a maximum sign area of 80 square feet for the total of all sign faces with no one sign face exceeding 40 square feet. ©2004 Code Publishing Co. Page 16 (1) High profile sign. a. Criteria. A subject property meeting all of the following criteria is permitted a high profile freestanding sign: 1. A minimum of 250 feet of frontage on one public right-of-way; 2. A zoning designation of city center core (CC-C) or city center frame (CC-F), or community business (BC); 3. A multiuse complex; and 4. A minimum site of 15 acres in size. b. Sign types. The following sign types are allowed for a high profile sign: 1. Pylon or pole signs; provided, however, that any pylon or pole sign must have more than one pole or structural support; 2. Pedestal signs; 3. Monument signs; 4. Tenant directory signs; and 5. Kiosks. Sign content for any pylon or pole sign, or for any pedestal or monument sign in lieu of a pylon or pole sign, may include electronic changeable messages, center identification signs and/or changeable copy signs. Any high profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. c. Sign height. A high profile sign shall not exceed the following maximum heights: 1. Pylon or pole sign: Twenty-five feet; 2. Pedestal or monument signs: Twelve feet if in lieu of a pylon or pole sign. Otherwise, pedestal and monument signs shall not exceed five feet; 3. Tenant directory or kiosk signs: Six feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be 10 feet. d. Sign area. A high profile sign shall not exceed the following maximum sign areas: 1. Pylon or pole sign: 400 square feet for the total of sign faces with no one sign face exceeding 200 square feet; 2. Pedestal or monument signs: 128 square feet for the total of all sign faces with no one face exceeding 64 square feet; 3. Tenant directory or kiosk signs: 15 square feet per sign face. e. Number of signs. A subject property qualifying for a high profile sign may have the following maximum number of signs: 1. Pylon or pole sign: One sign unless the subject property has an additional 500 feet of street frontage for a total of 750 feet of aggregate frontage on any public rights-of-way, in which case the subject property will be allowed one additional high profile sign, not to exceed a maximum of two such signs per subject property; 2. Pedestal or monument signs: If the pedestal or monument sign is in lieu of a pylon or pole sign, the number of signs allowed shall be 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. ©2004 Code Publishing Co. Page 17 Sign content for any medium profile sign may include electronic changeable messages, center identification signs and/or changeable copy signs. Any medium profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. c. Sign height. The height of a medium profile sign shall be calculated at the rate of 0.75 feet in the sign height for every 10 lineal feet of frontage on a public right-of-way; provided, however, that sign height shall be calculated at the rate of one and one-half feet in sign height for every 10 lineal feet of frontage on a public right-of-way for any multi-tenant complex; and provided further, that such sign shall not exceed a maximum height of 12 feet and every applicant is entitled to a minimum height of five feet. d. Sign area. For any multi-tenant complex, sign area allowed for a medium profile signs shall be calculated at the rate of two square feet per lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of 128 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 64 square feet. For other uses, sign area allowed for medium profile sign shall be calculated at the rate of one square foot per lineal foot of frontage on a public right-of- way not to exceed a maximum sign area of 80 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 40 square feet. Notwithstanding the foregoing sign area calculations, every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet. e. Number of signs. A subject property qualifying for a medium profile sign may have one pedestal or monument sign for each street frontage. Each street frontage exceeding 300 linear feet and containing more than one vehicular access is permitted one additional freestanding sign. No subject property may contain more than three freestanding signs regardless of total linear street frontage and no one street frontage may have more than two freestanding signs. Freestanding signs shall be located a minimum distance of 200 feet from other freestanding signs on the same subject property. (3) Low profile sign. a. Criteria. A subject property located in the office park (OP) or professional office (PO) zone is 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: 1. Pedestal or monument signs: Five feet. 2. Tenant directory signs: Six feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be 10 feet. d. Sign area. 1. Pedestal or monument signs: Sign area allowed for a low profile sign shall be calculated at the rate of one square foot per lineal foot of frontage on a public right-of-way; provided, however, that a low profile sign shall not exceed a maximum sign area of 80 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 40 square 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. ©2004 Code Publishing Co. Page 18 (4) Combined sign package for adjacent property owners. The owners of two or more properties that abut or are separated only by a vehicular access easement or tract may propose a combined sign package to the city. The city will review and decide upon the proposal using process III. The city may approve the combined sign package if it will provide more coordinated, effective and efficient signs. The allowable sign area, sign type, sign height and number of signs will be determined as if the applicants were one multi-tenant complex. (b) Building-mounted signs. (1) Sign types. The following sign types may be building-mounted signs and are allowed in all nonresidential zoning districts: a. Awning or canopy signs; b. Center identification signs; c. Changeable copy signs; d. Civic event signs; e. Directional signs, on-site; f. Electronic changeable message signs; g. Instructional signs; h. Marquee signs; i. Projecting signs; j. Tenant directory signs; k. Time and temperature signs; l. Under canopy signs; and m. Wall-mounted signs. Any building-mounted sign may be an electrical sign, an illuminated sign, and/or a neon sign. (2) Sign height. No sign shall project above the roofline of the exposed building face to which it is attached. (3) Sign area. The total sign area of building-mounted signs for each business or tenant, excluding under canopy signs, shall not exceed seven percent of the exposed building face to which it is attached; provided, however, that no individual sign shall exceed a sign area of 240 square feet and every applicant is entitled to a minimum sign area of 30 square feet. A multi-tenant complex, which does not use a freestanding sign, may have two additional wall-mounted signs. No one sign may exceed seven percent of the exposed building face to which it is attached, to a maximum of 240 square feet per sign. This sign is in addition to any other tenant signs on that building face. (4) Number of signs. The number of building-mounted signs permitted each user is dependent upon the surface area of the largest single exposed building face of his or her building as follows, excluding wall-mounted center identification signs: Largest Exposed Building Face Maximum Number of Signs Less than 999 sq. ft. 2 1,000 – 2,999 sq. ft. 3 3,000 – 3,999 sq. ft. 4 4,000 and over sq. ft. 5 Buildings with more than 4,000 square feet on any exposed building face, with several clearly differentiated departments, each with separate exterior entrances, are permitted one sign for each different department with a separate exterior entrance, in addition to the five permitted. No sign or signs may exceed the maximum area permitted for that building face except as may be specifically permitted by this code. However, an applicant is allowed to move allotted signs, as calculated in subsection (b)(4) from one building face to another. ©2004 Code Publishing Co. Page 19 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(c)(2)(w) 1599(d)(2)(w). (c) Sign area multipliers. The sign area and sign number allowed, as set forth in subsection (a)(1)(d) and (a)(1)(e) of this section for high profile signs, (a)(2)(d) and (a)(2)(e) of this section for medium profile signs, and (a)(3)(d) and (a)(3)(e) of this section for low profile signs and subsection (b)(3) for building-mounted signs may be increased in the following instances; provided, however, that in no event shall the sign exceed the maximum sign area allowed: (1) If no signs on the subject property have internally lighted sign faces, then the total sign area allowed may be increased by 25 percent. (2) If all signs, other than center identification signs, are building-mounted signs, the total sign area allowed may be increased by 25 percent. (3) A time and temperature sign may be included with any sign and such time and temperature signs shall not be included for purposes of calculating maximum sign area or maximum number of signs. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 96-270, § 3(F), 7-2-96; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 99-357, § 6, 12-7-99) 22-1602 Construction standards. (a) Structural components. To the maximum extent possible, signs should be constructed and installed so that angle irons, guy wires, braces and other structural elements are not visible. This limitation does not apply to structural elements that are an integral part of the overall design such as decorative metal or wood. (b) Sign setback requirements. The required setback from the property lines for all signs shall be not less than five feet from the subject property line in residential zones and not less than three feet from the subject property line in all other zones. (c) Dimensional and design standards. (1) Pedestal, pole or pylon signs. The following drawings illustrate the dimensional standards for pedestal, pole or pylon signs: A 50% of B A 50% of D B = Height of sign (maximum height – FWCC 22-1601) C 20% of B ©2004 Code Publishing Co. Page 20 B = Height of sign (maximum height – FWCC 22-1601) C 20% of B E 4 inches (2) Monument signs. The following figures illustrate the dimensional standards for monument signs: A: Maximum height of sign per FWCC 22-1601 B: Maximum = 200% of A C: Minimum = 20% of A D: Equal to 100% of B (3) Design criteria. a. Sign base. The base of the sign must be done in landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete or materials that are harmonious with the character of the primary structures on the subject property and subject to the administrator’s approval. No visible gap shall be allowed between the sign base and the finished grade or between the sign face or cabinet and the sign base. b. Sign face. The color, shape, material, lettering and other architectural details of the sign face must be harmonious with the character of the primary structure. (4) Minor deviations. Minor deviations from the dimensional standards for signs, except for maximum sign height, may be approved by the administrator if he or she concludes that the resulting sign does not significantly change the relative proportion of the sign base to the sign face. ©2004 Code Publishing Co. Page 21 (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, Aat the time of planting, a minimum of 50 percent of the required landscaped area should be planted with low shrubs and groundcover such that within two years, 90 percent of the landscaped area is covered. Such plantings can include, but are not limited to, evergreen shrubs, deciduous shrubs, vines, and groundcover or grasses. If all grasses are to be used, the landscaped area must be covered 100 percent at time of planting. Low maintenance plantings are recommended. Alternative landscape plans may be submitted in writing and will be reviewed on a case-by-case basis. These may include, but are not limited to, existing plantings in the area of the sign or landscaping required to be provided under Article XVII, Landscaping, of this chapter. (f) Illumination limitations of electrical signs (does not apply to neon signage). No sign may contain or utilize any of the following: (1) Any exposed incandescent lamp with a wattage in excess of 25 watts. (2) Any exposed incandescent lamp with an internal or external reflector. (3) Any continuous or sequential flashing device or operation. (4) Except for electronic changeable message signs, any incandescent lamp inside an internally lighted sign. (5) External light sources directed towards or shining on vehicular or pedestrian traffic or on a street. (6) Internally lighted signs using 800-milliamp or larger ballasts if the lamps are spaced closer than 12 inches on center. (7) Internally lighted signs using 425-milliamp or larger ballasts if the lamps are spaced closer than six inches on center. (8) All illumination for externally illuminated signs must be aimed away from nearby residential uses and on-coming traffic. (g) Setback and distance measurements. The following guidelines shall be used to determine compliance with setback and distance measurements: (1) The distance between two signs shall be measured along a straight horizontal line that represents the shortest distance between the two signs. (2) The distance between a sign and a property line shall be measured along a straight line representing the shortest distance between the sign and the property line. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 99-357, § 5, 12-7-99) 22-1603 Variance from sign code. (a) Scope. This section establishes the procedure and criteria the city will use in making a decision upon an application for a variance from the provisions of this sign code. (b) Required review process. The city will review and decide upon applications for a variance to any of the provisions of this article using process IV, Article VII of this Code. (c) Criteria. The city may grant the variance only if it finds all of the following: (1) The literal interpretation and strict application of the provisions and requirements of the sign regulations would cause undue and unnecessary hardship because of unique or unusual conditions ©2004 Code Publishing Co. Page 22 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 22-1599(i) to insure compliance with any such condition or restriction. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 99-357, § 5, 12-7-99) 22-1604 Compliance and enforcement. (a) Compliance with other applicable codes. All signs erected or altered under this article must comply with all applicable federal, state and local regulations relating to signs, including without limitation the provisions of the International Building Code and the National Electric Code as Uniform Sign Code adopted in FWCC 5-281 and the Uniform Building Code 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) 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 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or Chapter 1 FWCC, Articles II and III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. ©2004 Code Publishing Co. Page 23 (e) Reserved. (f) Inspection. The administrator is empowered to enter or inspect any building, structure or premises in the city, upon which, or in connection with which a sign is located, for the purpose of inspection of the sign, its structural and electrical connections, and to insure compliance with the provisions of this Code. Such inspections shall be carried out during business hours, unless an emergency exists. (g) Abatement by the city. (1) Authority to remove sign. As part of any abatement action under Chapter 1 FWCC, Article III, the city or its agents may enter upon the subject property and cause any sign which violates the provisions of the sign code to be removed at the expense of the owner, tenant, lessee or occupant, either jointly or severally. In addition to the abatement authority provided by proceedings under Chapter 1 FWCC, Article III, the city or its agents may summarily remove any sign placed on a right- of-way or public property in violation of the terms of this article. Recovery of costs for removal of any signs as provided herein shall be as provided in Chapter 1 FWCC, Article III. (Ord. No. 95-235, § 4, 6- 6-95; Ord. No. 99-342, § 5, 5-4-99) 22-1605 Reserved – Comprehensive design plan. (Ord. No. 95-235, § 4, 6-6-95) 22-1606 – 22-1629 Reserved. I:\2005 Code Amendments\PAA Signs\011905 Code Amendments/1/20/2005 8:52 AM ©2004 Code Publishing Co. Page 24 22-335 Nonconforming signs. (a) Purpose. In order to ease the economic impact of this Code on businesspersons with substantial investment in signs in existence on the date of adoption of this Code, or on the date of annexation if located in areas annexed to the city thereafter, this section provides for up to 10 years of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this 10-year time period and/or may be amortized for federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. (b) Definitions. A “nonconforming sign” means any sign as defined by FWCC 22-1597 which was legally in existence on the effective date of this Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city thereafter, but which does not comply with the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this Code. Any words, terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in FWCC 22-1 and 22-1597. (c) Legal nonconformance. (1) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of this Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city thereafter which does not conform with the provisions of this Code, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: a. The sign was covered by a sign permit on the date of adoption of this Code, if one was required under applicable law; or b. If no sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the date of adoption of this Code. (2) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this section. (3) Exclusions. No temporary signs, portable signs, special signs, or incidental signs Except for billboards, off-site signs, and roof signs, prohibited signs as defined in FWCC 22-1600 shall not be eligible for characterization as legal nonconforming signs and must be removed upon notification by the city. (d) Legal nonconforming sign permit Notice of determination. (1) Required. A legal nonconforming sign permit is required for each legal nonconforming sign. The permit shall be obtained by the sign user or the sign owner, or the owner of the property upon which the sign is located, within 60 days of notification by the city that the sign is legal nonconforming. The permit shall be issued for no fee and shall expire at the end of the applicable amortization period prescribed in subsection (e) of this section. Required. After the city conducts a sign inventory, a sign inventory sticker will be affixed to each sign and a sign inventory number shall be assigned. The city shall analyze whether each sign complies with the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this code, and shall issue a Notice of Determination which specifies whether the sign complies or not. If a sign conforms to this chapter, the sign inventory sticker will be replaced with a registration sticker. If a sign is determined to be legally nonconforming, the sign will be amortized pursuant to FWCC 22-335(e). (2) Necessary information. Applications The information associated with a for a legal nonconforming sign permit and its sign inventory number shall contain consist of the name and address of the sign user, the sign owner, and the owner of the property upon which the sign is located, information about the sign, such as sign type, area, height, dimensions, location, a photo of the sign, and such other pertinent information as the director of community development may require to ensure compliance with the Code, which may include including proof of the date of installation of the sign. (3) Failure to comply. A legal nonconforming sign for which no permit has been issued within the 60- day period shall within six months be brought into compliance with the Code or be removed. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties of FWCC 22-1604. ©2004 Code Publishing Co. Page 25 (e) Amortization. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code, on or before February 28, 2000, or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. and all signs which are made nonconforming by a subsequent amendment to this Code shall be discontinued and removed or made conforming within five years after the date of such amendment (collectively the “amortization period”). Upon the expiration of the amortization period, the sign shall be brought into conformance with this Code, with a permit obtained, or be removed. A sign prohibited pursuant to FWCC 22-1600 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. (f) Extension or exemption from amortization period. (1) Applicability. This subsection applies to any sign which is required to be removed pursuant to subsection (e) of this section following expiration of the amortization period. (2) Purpose. A sign amortization exemption or extension is a mechanism by which the city may provide relief from the effect of the sign amortization program when its enforcement would fail to noticeably improve the appearance of the neighborhood and the city any and when a hardship would result from its enforcement. (3) Who may apply. The property owner or the person displaying the sign which is required to be removed pursuant to subsection (e) of this section may apply for a sign amortization extension or exemption. (4) Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: a. The sign is compatible with the architectural design of structures on the subject property; b. The sign substantially complies with the requirements of the sign code for the land use district in which it is located. For purposes of this subsection, “substantial compliance” means that the height of the sign is within 10 percent of the sign height required by Article XVIII of this Code and that the sign area of the sign is within 20 percent of the sign area required by Article XVIII of this Code. Minor deviations from these percentages may be approved by the administrator if he or she concludes that the resulting sign is harmonious with the character of the primary structures on the subject property and with the signs and structures on surrounding properties; c. The enforcement of this Code would result in a substantial hardship to the applicant due to the size, shape, topography, location or surroundings of the subject property and such hardship was not created by any action of the applicant or would result in a substantial economic hardship to the applicant because the applicant erected a sign, or made an application for a sign permit, between February 28, 1990, and June 6, 1995, in compliance with the existing sign code; d. The sign complies with the city’s minimum sign distance at intersection requirements pursuant to FWCC 22-1151 et seq.; e. If illuminated, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not correctly visible; f. It is consistent with the city’s comprehensive plan; and g. It is consistent with the public health, safety and welfare. (5) Applicable procedure. Except as otherwise provided by this subsection (f), the city will process an application for a sign amortization exemption or extension through process I of this Code. (g) Loss of legal nonconforming sign status. All legal nonconforming signs shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and such legal nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: (1) Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated. (2) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12-month period to any structure that houses or supports the use with which the legal nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure as determined by the King County assessor. ©2004 Code Publishing Co. Page 26 (3) Abandonment or business cessation. The subject property containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days. (4) Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that replacing any individual tenant’s identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign’s legal nonconforming sign designation. (5) Change in use. There has been a change in use on the subject property as that term is defined by FWCC 22-1. (6) Change in tenant. There has been a change in tenant or business on the subject property. In connection with any multiuse or multi-tenant complex, the foregoing events which require that a legal nonconforming sign be either removed or brought into conformance with this Code, shall apply only to the individual owner’s or tenant’s building-mounted or freestanding signs who has triggered the elimination of the legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant’s name. (7) Expiration of amortization period. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code, on or before February 28, 2000, or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. (h) Historic signs. Nonconforming on-site historical signs may be retained through process II, Article VII of this Code, if the sign is determined to be of historic significance by satisfying all of the following criteria: (1) The sign is used in connection with a building which has been designated as a historic building pursuant to any federal, state or local preservation authority; (2) The subject sign or signs are substantially unchanged or unaltered since initial installation; (3) The subject sign or signs are a good example of the prevailing signage during the period in time it was installed; and (4) The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfare. (i) Government acquisition of property for right-of-way. (1) A sign that becomes nonconforming with respect to its setback from the edge of a public right-of- way as a result of a local, state, or federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of subsection (i)(3) of this section. (2) The city may, using process I, allow the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria: a. The enforcement of this Code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, state, or federal government acquisition of property for right-of-way expansion and not by any action of the applicant; b. The sign is not prohibited by FWCC 22-1600 and, except for location within a required setback, complies with all other requirements of FWCC 22-1596 through 22-1629; c. The sign complies with the city’s minimum sight distance at intersection requirements pursuant to FWCC 22-1511 et seq.; and d. Location of the sign with a required setback is otherwise consistent with the public health, safety, and welfare. (3) Loss of legal nonconforming sign status. All nonconforming signs specified in subsections (1) and (2) of this section shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: a. The applicant is making any changes, alteration, or performs any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating ©2004 Code Publishing Co. Page 27 the sign or replacing the sign; provided, however, that any copy change in a center identification or tenant directory sign shall not result in the loss of such sign’s legal nonconforming sign designation; or b. The applicant is making any changes, alterations, or performs work other than normal maintenance or other than tenant improvements to any structure or improvement that houses or supports the use with which the nonconforming sign is associated, and the fair market value of those changes, alterations, or other work, in any one consecutive 12-month period, exceeds 75 percent of the assessed value of that structure or improvement, as determined by the King County assessor. The applicant may provide an appraisal of the structure or improvement. The appraisal must be from a source that is acceptable to the city. The community development services director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. If an appraisal acceptable to the city is provided by the applicant or required by the city, the larger of the two amounts shall be used. For purposes of determining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336 (street/sidewalk improvements) shall not be counted towards the 75-percent threshold, which would trigger application of this subsection. (j) Exemption. The city may elect not to apply any provision of this section if the removal of a sign would require the city to pay compensation under any federal, state or other law, including Chapter 47.42 RCW. (Ord. No. 90-43, § 2(165.35 (5)), 2-27-90; Ord. No. 91-113, § 4 (165.35(5)), 12-3-91; Ord. No. 92-135, § 3 (165.35(5)), 4-21- 92; Ord. No. 92-144, § 3 (165.35(5)), 6-16-92; Ord. No. 95-235, § 3, 6-6-95; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 99-357, § 4, 12-7-99; Ord. No. 01-398, § 1, 7-17-01) I:\2005 Code Amendments\PAA Signs\Nonconforming Signs.doc/1/20/2005 8:52 AM