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Ordinance 1994ORDINANCE NO. 1994. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CREATING A NEW TITLE 20 AND ADDING A NEW CHAPTER 20.10 TO THE EDMONDS CITY CODE TO PROVIDE FOR THE REGULATION AND CONTROL OF SIGNS, ESTABLISHING PENALTIES AND MODIFYING PLANNING COMMISSION RESOLU- TION NO. 596. WHEREAS, pursuant to Planning Commission Resolution No. 596, the City Council of the City of Edmonds, Washington, called a public hearing and during this hearing having determined it to be in the best interests of the public health, safety and general welfare to amend the Edmonds Zoning Ordinance as set forth below, and having determined that there will be no significant adverse environmental impacts, and that Planning Commission Resolution No. 596 should be modified, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Title 20 and a new Chapter 20.10 are hereby added to the Edmonds City Code. Chapter 20.10 shall be entitled "Sign Code" and shall read as follows: "Section 20.10.010. Purpose. The purpose of this chapter is to enact the regulatory measures necessary to implement those goals and policies stated in Section 208-5a through 5f of the Edmonds Comprehensive Policy Plan now and as same may be modified from time to time. Section 20.10.020 Definitions. As used in this chapter, the following words and phrases shall have the following meanings. The following definitions shall not be exclusive and two or more definitions may overlap in any given application. By way of illustration, a "Campaign Sign" may also be a "Temporary Sign", a "Portable Sign", a "Free Standing Sign" or a "Wall Sign". In the event of overlappinglapplicable definitions, the most stringent regulation shall. apply. "Allowable Signage" means the total permitted sign area of a site. "Attached Sign" means a sign that is attached to a structure erected for purposes other than support of a sign. "Campaign Signs" means signs advertising a candidate for public office, or a political party, or a public issue. "Composition" means all components of a sign including but not limited to text, color, sign face configuration, construction materials, and supports. "Construction Sign" means a sign that contains information on or on the same site as a building under construction or being remodeled. "Enterprise" means an individual, group, person, corporation or other association, organization or entity providing goods and/or services. "Free standing Sign" means a sign that is not attached to a building. It may not be on public property. "Group Sign" means a sign structure serving two or more enterprises sharing the same parking facility. Height. See sign height. "Incidental Sign" means a sign that does not advertise or identify a good or service or enterprise, and which is provided solely for the convenience of the public. "Marquee Sign" means a sign mounted on the face of a marquee or suspended under a marquee. "Portable Sign" means any sign not permanently attached to the ground, or to a structure, including but not limited to trailer signs, and sandwich board signs. "Primary Access" means the main public entrance to a building or other structure. "Projecting Sign" means any sign other than a wall sign that is attached to and projects from a building. "Readerboard" means a sign which uses interchangeable letters to vary the sign message. -2- "Residential Subdivision Identification Sign" means a sign located at the entrance to a residential development designed for occupancy for more than one family or other unit of occupancy. "Roofline" means the highest point of a parapet or fascia of a flat or mansard roof and the eave or drip line of a pitched roof. "Sign" means a display visible from a public place that is intended to convey a message to the public and/or attract attention to the goods and/or services provided by an enterprise. "Sign Area" means the area of the smallest rectangle that can be drawn around all parts of the sign from the viewpoint exposing the largest sign surface area exclusive of simple support structures. Sign supporting structures which are part of the sign display shall be included in the area rectangle. "Sign Structure" means all parts of a sign including its support. "Sign Height" for free standing signs means the vertical distance measured from the finished grade elevation of the ground to the highest point of the sign structure. If more than one supporting structure is used, the height shall be measured from the average elevation between the supports. For attached, projecting, marquee and wall signs, sign height shall be measured from the midpoint of the top of the sign area, vertically to the finished grade. "Simple Support Structure" means a structure whose sole function is to structurally support the sign, not to attract attention. It is not an integral part of the design of the sign. "Temporary Sign" means a sign advertising an event that is occurring or will occur, or a product or service that is available, for a short, limited period of time. Temporary signs are not intended to continually advertise goods and/or services available on the property. "Unique Identification Structure" means a unique structure the purpose of which is to bring the goods and/or service of an enterprise to the attention of the public. Examples include fountains, sculptures, awnings and totem poles. "Wall Graphic" means a type of wall sign in which color and form are part of an overall design on the building. -3- "Wall Sign" means a sign that is parallel to and not projecting from a wall, or which is painted directly on a wall. "Window Sign" means a sign that is attached to, or located near, the window in such a manner as to obscure vision through the window in whole or in part. It is intended to be seen by persons outside of the building. Section 20.10.030. General Regulations. 1. Amenities Design Board (ADB) Review of Signs. All signs, except temporary and/or incidental signs, shall be subject to review and approval by the ADB prior to installation and issuance of the permit as set forth in Section 20.10.120. In reviewing the design of the total signage of a site, the ADB, pursuant to the criteria set forth in Chapter 12.20 shall establish the number and type of signs and may reduce the allowable signage, sign area and/or sign height below the maximums otherwise permitted. In no case shall the maximum sign area or sign height exceed the maximum stipulated in the following regulations. 2. Number of Permitted Signs. An enterprise and/or site occupant is permitted one free standing sign for each public street frontage, not including alleys (see Corner Lots Section 20.10.030(6)(a) below), and an unspecified number of attached signs, provided however, the total square footage of all signs shall not exceed the maximum allowed in subsection 3 below. Enterprises or site occupants sharing a common parking area shall use a group free standing sign and are not permitted to have individual free standing signs. 3. Total Allowable Signage. The total allowable signage for an enterprise and/or occupancy per site shall be calculated at one square foot of sign area for each lineal foot of the wall containing the primary access. The total signage allowable may be divided between attached and free standing signs. First -floor - window signs shall be included in the total allowable signage. The total area of the attached signage on any wall shall not exceed the ratio of one square foot of sign area to one lineal foot of that wall. 4. Measurement of Sign Area. Sign area shall be measured according to the definition of Sign Area in Section 20.10.020. DE 5. Sign Height. a. Sign height to the definition of 20.10.020. shall be measured according Sign height in Section b. Attached Signs. Attached signs on multi -story structures shall not exceed 14 feet in height. C. Projecting and marquee signs shall be at least 7 feet 4 inches, but no higher than 14 feet in height. The sign face of the marquee sign shall be no greater than 2 feet in height. d. Height of free standing signs shall be regulated as set forth in 20.10.050. 6. Location of Signs. a. Free standing signs, wherever feasible, shall be located within an area along one-half the street frontage, centered on said street frontage. Enterprises located directly at the intersection of two public rights -of -way may locate the free standing sign on the corner in lieu of one free standing sign on each street frontage. Incidental and temporary signs are exempt from this requirement. b. Attached signs and wall signs shall not extend above the roofline of the building supporting the sign. C. Residential Subdivisions Identification Signs shall be located near the entrance(s) to the subdivision. d. Enterprises located above the first floor in a multi -story structure may place a sign in their windows subject to the following requirements: (1) The size of the window sign shall be calculated at one square foot of signage for each lineal foot of total window frontage; (2) The window sign area shall not be computed into the total signage permitted on the exterior of the building. -5 Section 20.10.040 Projecting Signs Maximum Area. The maximum area of a projecting sign shall be as follows: Zone Maximum Sign Area RS & RD & R14I Not permitted BN 16 square feet BC & IP 16 square feet CW 16 square feet CG 32 square feet Section 20.10.050 Free standing Signs. 1. It is the policy of the City of Edmonds to discourage free standing signs in the BC, BN, IP, and CW zones. Free standing signs will be approved only upon demonstration to the ADB that no reasonable alternative exists to satisfy the advertising needs of the enterprise. If the ADB determines that a free standing sign is the only reasonable alternate, it shall be evaluated by the ADB based upon the criteria set forth in Chapter 12.20 of the Edmonds City Code and the criteria in the Edmonds Policy Plan. 2. The maximum area of a free standing sign shall be as follows: FREE STANDING SIGN AREA Zone Maximum Sign Area RS & RD Residential Subdivision Identification Sign 10 square feet Individual Residence Sign 3 square feet RM & RMP 10 square feet BN 24 square feet - single 48 square feet - group BC & IP 32 square feet - single 48 square feet - group CW 32 square feet- single 64 square feet - group CG 64 square feet - single 128 square feet - group 3. Fill material shall not be used primarily to increase the elevation of freestanding signs. The maximum height of freestanding signs shall be as follows: -6- FREE STANDING SIGN HEIGHT Zone Maximum Height RS & RD 3.5' RM & RMP 3.5' BN 14.0' BC & IP 14.0' CW 14.0' CG 25.0' Section 20.10.060. Landscaping. All free standing signs shall have a landscaped area at the finished grade elevation of the sign. 1. Area. Landscaped Area shall be at least twice the sign area. The required landscaped area may be included in the landscape requirement for the parking lot as set forth in Section 12.14.020 of the Edmonds City Code. 2. Location. The landscaped area shall be located around the sign structure in such a manner that it will prevent vehicles from hitting the sign. 3. Performance Bond. Prior to issuance of the sign permit the applicant shall provide a landscape performance bond in the amount of 1250 of the estimated cost of the landscape improvements, or $1,000, whichever is greater. The bond, or other acceptable security, shall be held until the improvements are installed in conformance with this Code. Section 20.10.070. Wall Graphic and Unique Identification Structures. Wall graphics and Unique Identification Structures must be approved by the Amenities Design Board prior to issuance of the permit. There is no specified area, provided the wall graphic and/or unique identification structure conforms to the established criteria in Chapter 12.20 of the Edmonds City Code. Section 20.10.080. Prohibited Signs. All signs not expressly permitted by this chapter are prohibited. Sign prohibitions shall include, but not be limited to the following: 1. No sign or any part of a sign shall be designed or constructed to be moving by any means, and shall not contain items such as banners, ribbons, streamers, and spinners. -7- 2. No sign is permitted related to the use or activity on which the sign is located. which is not directly conducted on the property 3. Signs shall be prohibited which the Director of Public Works determines the size, location, content, coloring, or manner of illumination may be confused with or construed as a traffic control device, or which hide from view any traffic or street sign or signal, or which may be a hazard to water traffic. 4. Portable signs, including but not limited to sandwich board signs, shall be prohibited unless expressly permitted in this code in the Temporary Sign regulations. 5. No signs shall extend into a public right-of-way except on the issuance of a right-of-way use permit. 6. Exposed braces and angle irons are prohibited. Guywires are prohibited unless there are no other practical means of supporting the sign. 7. No sign shall have blinking, flashing, fluttering, or moving lights or other illuminating device which has a changing light intensity or color; provided, however, tem- perature and/or time signs that conform in all other respects to this chapter are allowed. 8. No light source which exceeds 20 watts shall be directly exposed to any public street or adjacent property. 9. No illumination source of fluorescent light shall exceed 425 milliamps or be spaced closer than 8 inches on center. 10. No sign shall be illuminated after 11:00 p.m. unless the enterprise is open for business and then may remain on only as long as the enterprise is open. 11. No window signs above the first floor shall be illuminated. Section 20.10.090. Incidental Signs. Incidental signs shall be sized to accomplish the intended purpose and shall not exceed a maximum of 6 square feet in area. Individual residence signs shall contain only the name and/or address of the residents, may be lighted at all times, and shall not exceed 3 square feet in area. No permit is required for incidental signs. Section 20.10.100. Temporary Signs. Maximum area of a temporary sign is 10 square feet and maximum duration is 30 days, unless otherwise specified below. No permit is required for temporary signs. 1. Business Opening Signs. Maximum duration shall be 1 month. Maximum area shall be 10 square feet. 2. "Sale" Signs. Maximum duration shall be 1 month. 3. "Quitting Business", "Fire Sale", and Similar Temporary Signs. Maximum duration shall be not more than 1 month, with not more than one extension for not more than 1 month. 4. Real Estate (For Sale) Signs. Maximum duration shall be 7 days after the date of closing. Maximum area shall be 6 square feet and located on the property for sale. 5. Construction signs. Maximum duration shall be until construction is completed or 1 year, whichever is shorter. Maximum area shall be 32 square feet. 6. Campaign Signs. Maximum duration shall be 7 days after the final election for that candidate or issue in a particular calendar year. Maximum area shall be 8 square feet. They may not be.placed on public property and may be removed from public property by city personnel without recourse. 7. Seasonal Decoration and Signs Advertising a Public Event. Maximum duration shall be from 1 month prior to the event until 7 days after the event. Section 20.10.110. Residential and Institutional Sictns. 1. Residential Subdivision Identification Signs. A maximum of 1 permanent sign may be installed near each entrance. No interior lighting is permitted. A permit is required. 2. Apartment Signs. One wall sign or ground supported sign is permitted. A permit is required. 3. Churches and Other Nonresidential Uses Permitted in RS Districts. Thesesignsshall be regulated W010 according to the requirements for RM districts set forth in in this Chapter.` A -permit is.required: Section 20.10.120. Administration. The Director of Community Development shall be responsible for administering and enforcing the provisions of this chapter. Enforcement of this chapter is imperative to insure equity to all enterprises in the City and to carry out the policies in the Policy Plan. 1. Permits. After the sign is approved by the Amenities Design Board, all enterprises must obtain a permit from the Community Development Department prior to installation of any sign, unless the sign is specifically excluded by Sections 20.10.090 and 20.10.100 of the Edmonds City Code. Prior to issuance of the permit applicants shall furnish any additional information deemed necessary by the Community Development Department to determine compliance with this chapter in addition to that supplied on application forms provided by the Department. 2. Fees. a. The application shall be accompanied by a $15 fee for all permits, plus $1 per square foot of sign area. b. The applicant will be charged a plan checking fee when in the opinion of the Director of Community Development, services of a structural engineer are required. Fees will be equal to the direct charges of the structural engineer. Section 20.10.130. Nonconforming Signs. 1. Pre-existing Nonconforming Signs. Signs existing prior to the effective date of this ordinance and not complying with the terms and notice provisions of the previous regulations, and which were subject to an amortization schedule under prior regulations, shall continue to be governed by said schedule and shall be removed or brought into compliance with the terms of this ordinance within the time Period as previously established. 2. Pre-existing Conforming Signs. Signs existing prior to the effective date of this ordinance and not complying with its terms, but which were erected in conformance with the immediately preceeding regulations, shall be removed or brought into compliance within five -10- years of the effective date of this ordinance. Provided, however, the owner of any such nonconforming sign may make application to the City for a specific amortization period. Procedures governing this application are set forth below. 3. Specific Amortization Period. Applications for specific amortization periods shall be made to the Edmonds Board of Adjustment. The application fee for this action shall be the same as for a variance. The applicant shall provide the following information on the application: a. The date of the sign's purchase and its original cost; b. Depreciation schedule used for the sign as evidenced by prior Internal Revenue Service tax returns; c. The amount of depreciation claimed for the sign; d. The estimated costs of making the sign conforming with the terms of this ordinance. The Board shall set an amortization period which shall allow the owner a reasonable return on his investment. In determining the specific amortization period, the Board shall consider, among other factors, the magnitude of the hardship upon the sign owner or user and the benefits the public may derive from the discontinuation of the nonconforming sign. Applications under this section must be made within one year of the effective date of this ordinance. Section 20.10.200. Penalties. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be punished as set forth in Section 5.45.020 of the Edmonds City Code. Each day of violation shall be considered a separate offense. Section 20.10.250. Applicability. Except where other- wise expressly provided in this Chapter, the terms of this Chapter shall be applicable to all signs for which application for a permit is made subsequent to the effective date of the Chapter. Section 20.10.300. Severability. If any section, subsection, clause, phrase or word of this chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter. -11- Section 2. This ordinance shall be in full force and effect five days after publication by posting as provided by law. APPROVED: ld�o�l9"iz MAYOR, H. H. Harrison ATTEST/AUTHENTICATED: 9 r CITY CLERK, Ire Varney Moran APPROVED AS TO FORM: OFFICE F THE CITY ATTORNEY By 71 ), FILED WITH THE CITY CLERK: May 16, 1978 PASSED BY THE CITY COUNCIL: May 16, 1978 POSTED: May 17, 1978 EFFECTIVE DATE: May 22, 1978 -12- AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that S he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. On the 17th day of May 1978 , affiant posted true and correct copies of the attached Ordinance No. 1994, passed by the City Council on the 16th day of --May , 197 8, at the three official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmond Branch of the United States Post Office 201 Main Street Edmonds, Washington 98020. DATED this 17th day of May , 1978 . SUBSCRIBED AND SWORN to before me this /7. day of 197�? . ota y Public in and for the State oWashington, residing at