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ORD 12-713ORDINANCE NO. 12-713 AN ORDINANCE of the City of Federal Way, Washington, relating to wall mounted banner signs; amending FWRC 19.140.150, 19.140.130 and 19.05.190(s). (Amending Ordinance Nos. 08-583, 07- 554, 07-550, 06-523, OS-486, 99-357, 99-348, 95-235, OS-504, 96-270, 09- 610, 09-605, 09-593, and 08-585) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt amended development regulations for signs within the City of Federal Way; and WHEREAS, the proposed amendments would allow the use of firmly affixed wall-mounted banners as an approved sign type in non-residential zoning districts; and WHEREAS, the proposed amendments would modify the definition of banner; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on October 15, 2011, and no comments or appeals were received and the DNS was finalized on November 14, 2011; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on November 2, 2011, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use/Transportation Committee (LUTC) of the Federal Way City Council considered these code amendments on December 5, 2011, and recommended adoption of the text amendments as recommended by the Planning Commission; however, the LUTC moved to separate the Ordinance No. 12-713 Page 1 of 5 sign code amendments that were considered by the Planning Commission, into two separate ordinances. The separate ordinances pertain to: a) high profile pylon and pole signs; and b) wall mounted banner signs. The subject of this ordinance only pertains to wall mounted banner signs, and a separate ordinance pertaining to high profile pylon and pole signs will be considered by the City Council. NOW, THEREFORE, 'TI� CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findines. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by allowing businesses to have signs that will help attract customers to businesses, sales, and other events, thus supporting economic development. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d} These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare.. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: EDG-6 The City widl encourage and support existzng businesses to remain and/or expand their facilities within Federal Way. Ordinance No. I2-713 Page 2 of S EDPIO The City will work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the community. EDPI S The City will continue to implement a streamlined permitting process consistent with state and federad regulations to reduce the upfront costs of locating businesses in the City. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because when correctly located and installed, wall mounted banner signs will not interfere with vehicular or pedestrian travel and will not create visual clutter, yet will allow signage that will assist businesses in attracting customers. Limiting the number, size, and type of signage will continue to promote a positive visual image of the city. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because wall mounted banner signs help to attract customers to businesses, sales, and other events, thus supporting economic development. Section 3. FWRC 19.05.190 is hereby amended to read as follows: (5) "Banner" means a sign made of €�is-e� any non-rigid material with no enclosing framework. Section 4. FWRC 19.140.130 is hereby amended to read as follows: 19.140.130 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 FWRC 19.140.190: (1) Abandoned or obsolete signs. (2) Animated or moving signs. (3) Banners, except as expressly allowed pursuant to FWRC 19.140120 Table 1, FWRC 19.140.060(6), and FWRC 19.140.150(n). (4) Billboards. (5) Dilapidated, nonmaintained signs. (6) Flashing signs, except electronic changeable message signs or changeable copy signs. (7) Inflatable advertising devices, except as expressly allowed in FWRC 19.140.070. (8) Mylar balloons. (9) Obstructing signs which obstruct or interfere with free access to or egress from a required exit from a building or structure. (10) Off-site signs except those expressly allowed in this title. (11) 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 chapter. (12) Portable signs except as expressly allowed in FWRC 19.140.060. (13) 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 Ordinance No. 12-713 Page 3 of S of the subject property (i.e., features such as indoor pool, hot tub, fireplaces, skylights, covered parking, free cable, laundromat services, community centers, etc.). (14) Signs in a public right-of-way except governmental signs, and except portable signs that follow the requirements of FWRC 19.140.060(29). (15) Roof signs. (16) 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. (17) Snipe signs. (18) 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. Section 5. FWRC 19.140.150 is hereby amended to read as follows: 19.140.150 Signs in nonresidential zoning districts — Building-mounted signs. (1) Sign types. The following sign types may be building-mounted signs and are allowed in all no�residential zoning districts: (a) Awning or canopy signs; (b) Center identification signs; (c) Changeable copy signs; (d) Civic event signs; (e) Directional signs, on-site; ( fl Electronic changeable message signs; (g) Instructional signs; (h) Marquee signs; (i) Projecting signs; (j) Tenant directory signs; (k) Time and temperature signs; (1) Under-canopy signs; and (m) Wall-mounted signs. �n) Wall-mounted banners. Notwithstanding the provisions of FWRC 19.140.130, wall mounted banners, firmly affixed to a buildin�farade, maintained in og od repair, and otherwise meetin tg he heig,ht, area, and number regulations of this section. 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: Ordinance No. 12-713 Page 4 of 5 Section 6. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereta Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and �rmed. Section 9. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this 17th day of January, 2012. CITY OF FEDERAL WAY � MA R, PRIEST ATTEST: CITY CLERK, CAR MCNEIL , CMC APPROVED AS TO FORM: �L� %� CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 12-27-2011 PASSED BY THE CITY COUNCIL: 1-17-2012 PUBLISHED: 1-20-2012 EFFECTIVE DATE: 1-25-2012 ORDINANCE NO.: 12-713 Ordinance No. 12-713 Page S of S