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Ordinance 33130006.150040 MRK 05/22/2000 ORDINANCE NO. 3313 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO SIGN REGULATIONS; REPEALING CERTAIN DEFINITIONS SET FORTH IN CHAPTER 21 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC); REPEALING EXISTING ECDC CHAPTER 20.60; ADOPTING A NEW ECDC CHAPTER 20.60; PROVIDING FOR SEVERABILITY AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council has determined that it is in the community interest to review and revise the existing sign code regulations as set forth in the Edmonds Community Development Code, particularly those regulations pertaining to temporary and off - premises signs; and WHEREAS, the Edmonds Planning Board has conducted several public workshops and public hearings on proposed revisions to the sign regulations contained in Chapter 20.60 ECDC; and WHEREAS, the Edmonds Planning Board held a duly advertised public hearing on January 26, 2000 and recommended to the City Council that certain revisions be made to Chapter 20.60 ECDC; and WHEREAS, the Council Committee on Community Services/Development Services has reviewed the recommendation of the Planning Board and forwarded the recommendation for consideration by the entire Council; and {MRK436173.DOC;2/00006.150040/} - 1 - WHEREAS, the City Council has conducted a study session on the Planning Board recommendation and has further held a public hearing on the proposed sign code revisions on May 2, 2000; and WHEREAS; the City Council finds that the proposed sign code revisions, with certain amendments as directed by the Council, are in the public interest and are further consistent with the Comprehensive Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Repeal of Certain Definitions. The following definitions pertaining to the regulation of signs, each as codified as a separate section of Chapter 21 of the Edmonds Community Development Code, are hereby repealed in their entirety: . ECDC 21.05.055 Attached Sign ECDC 21.30.080 Freestanding Sign ECDC 21.35.020 Group Sign ECDC 21.80.100 Projecting Sign ECDC 21.90.070 Sign ECDC 21.115.010 Wall Sign ECDC 21.115.020 Window Sign Section 2. Repeal of Chapter. Chapter 20.60 ECDC, as presently adopted, amended, and codified is hereby repealed in its entirety. Such repealer shall include, but is not limited to, the following ordinances.or sections of ordinances: Ord. 2277 §§ 1, 2; Ord. 2242 §§ 1, 2; Ord. 2287 § 1; Ord. 2427; Ord. 2429 §§ 2, 3; Ord. 2488 § §1, 2; Ord. 2586 § 1; Ord. 2710; {MRK436173.DOC;2/00006.150040/} - 2 - Ord. 3023 § 6; Ord. 3037 § 1; Ord. 3093 § 1; Ord. 3112 § 16; Ord. 3209 § l; Ord. 3244 § 1; Ord. 3262 §§ 1, 2. Section 3. Adoption of New Chapter. A revised chapter, relating to sign regulations and entitled "Sign Code" is hereby adopted to be codified in the Edmonds Community Development Code as Chapter 20.60, to include those sections and subsections referenced herein; and to read as set forth in Attachment A to this Ordinance as hereby incorporated by reference as if set forth herein. Section 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: OR, Y HAAKENSON ATTEST /AUTHENTICATED : CITY CLERK, SANDRA S. CHASE {MRK436173.DOC;2/00006.150040/1 - 3 - APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: 05/23/2000 PASSED BY THE CITY COUNCIL: 05/23/2000 PUBLISHED: 05/29/2000 EFFECTIVE DATE: 06/03/2000 ORDINANCE NO. 3313 {MRK436173.DOC;2/00006.150040/} - 4 - SUMMARY OF ORDINANCE NO. 3313 of the City of Edmonds, Washington On the 23rd day of May, 2000, the City Council of the City of Edmonds, passed Ordinance No. 3313. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO SIGN REGULATIONS; REPEALING CERTAIN DEFINITIONS SET FORTH IN CHAPTER 21 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC); REPEALING EXISTING ECDC CHAPTER 20.60; ADOPTING A NEW ECDC CHAPTER 20.60; PROVIDING FOR SEVERABILITY AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 24th day of May, 2000. CITY CLERK, SANDRA S. CHASE (MRK436173.DOC;2/00006.150040/)- 5 - ATTACHMENT A Chapter 20.60 SIGN CODE Sections: 20.60.000 Purpose. 20.60.005 Definitions. 20.60.010 Permit required. 20.60.015 Sign permit review procedures. 20.60.020 General regulations for permanent signs. 20.60.025 Total maximum permanent sign area. 20.60.030 Wall signs — maximum area and height. 20.60.035 Window signs — maximum area. 20.60.040 Projecting signs —maximum area and height restrictions. 20.60.045 Freestanding signs- regulations. 20.60.050 Wall graphic and identification structures. 20.60.060 Campaign signs. 20.60.065 Real estate signs. 20.60.080 Temporary signs. 20.60.090 Prohibited signs. 20.60.100 Administration. 20.60.000 Purpose. The purpose of this chapter is to enact regulatory measures to implement those goals and policies stated in the Edmonds Comprehensive Policy Plan. 20.60.005. Definitions. For the purposes of the enforcement of this chapter, the following definitions shall apply: "Attached sign" is any sign attached or affixed to a building. Attached signs include wall signs, projecting signs, and window signs. "Campaign sign" is a temporary sign displaying a message relating to a candidate, political party, or issue that is registered or certified for an upcoming election. "Commercial sign" is a sign displayed for the purpose of identifying a commercial use, or advertising a service, product, business or venture that is offered for trade or sale. "Fixed sign" is any sign attached or affixed to the ground or any structure in such a manner so as to provide for continuous display for an extended or indeterminable period of time. Fixed signs include, but are not limited to freestanding signs and wall signs. { MRK436173.DOC;2/00006.150040/ }- 6 - "Freestanding sign" is any sign that is not attached or affixed to a building. "Governmental sign" is a sign that necessary to protect the public health and safety. Governmental signs include traffic signs, directional and informational signs for public health and safety facilities, and warning or hazard signs. "Group sign" is a sign or signs on one sign structure serving two or more business sharing a parking facility. "Identification structure" is a structure intended to attract the attention of the public to a site, without the use of words or symbols identifying the businesses. Examples include fountains, sculptures, awnings, and totem poles. "Marquee sign" is any sign attached or made part of a building marquee. A marquee sign is a form of projecting sign. "Non - commercial sign" is a sign that is intended to display a religious, charitable, cultural, governmental, informational, political, educational, or artistic message, that is not primarily associated with a good, product, or service offered for sale or trade. Non- commercial signs include signs advertising incidental and temporary commercial activities conducted by churches and non - profit businesses, clubs, groups, associations or organizations. "Off- premises sign" is any sign that advertises or relates to a good, product, service, event, or meeting, that is offered, sold, traded, provided, or conducted at some location or premises other than that upon which the sign is posted or displayed. Off - premises signs include all signs posted or displayed in the public right -of -way. "On- premise sign" is any sign that advertises or relates to a good, product, service, event, or meeting that is lawfully permitted to be offered, sold, traded, provided, or conducted at the location or premises upon which the sign is posted or displayed. On premise signs also include signs not related to any particular location or premises, such as signs displaying religious, charitable, cultural, governmental, informational, political, educational, or artistic messages that are intentionally displayed by the owner of the property or premises upon which the sign is displayed. "Permanent sign" is a fixed or portable sign intended for continuous or intermittent display for periods exceeding sixty (60) days in any calendar year. "Portable sign" is any sign that is readily capable of being moved or removed, whether attached or affixed to the ground or any structure, that is typically intended for temporary display. Portable signs include, but are not limited to: 1) Signs designed and constructed with a chassis or support with or without wheels; { MRK436173.DOC;2/00006.150040/ }- 7 - 2) Menu and "sandwich" board signs. 3) "A" and "T" frame signs; 4) Wooden, metal, or plastic "stake" or "yard" signs; 5) Posters or banners affixed to windows, railings, overhangs, trees, hedges, or other structures or vegetation; 6) Signs mounted upon vehicles parked and visible from the public right -of -way, except signs identifying the related business when the vehicle is being used in the normal day -to -day operation of the business, and except for signs advertising for sale the vehicle upon which the sign is mounted.; 7) Searchlights; 8) Inflatables. "Premises" is the actual physical area of the lot upon which a sign is posted or displayed, except within the boundaries of the BC zone in the downtown activity center, where premises shall include any portion of the public sidewalk that fronts upon the lot. "Projecting sign" is any sign attached or affixed to a building or wall in such a manner that its leading edge extends more than twelve (12) inches beyond the surface of such building or wall. "Real estate sign" is a sign displaying a message relating to the sale or rent of real property. "Sign" is any structure, device or fixture that, is visible from a public place, that incorporates graphics, symbols, or written copy for the purposes of conveying a particular message to public observers, including wall graphics or identification structures. "Sign area" is the maximum actual area of a sign that is visible from any single point of observation from any public vantagepoint. Supporting structures which are part of a sign display shall be included in the calculation of the sign area. "Temporary sign" is an allowed portable sign intended for short-term display, not to exceed sixty (60) calendar days in any calendar year. "Wall graphic" is a wall sign in which color and form, and without the use of words, is a part of the overall design on the building(s) in which the business is located. A wall graphic may be painted or applied (not to exceed one -half inch in thickness) to a building as a part of its overall color and design, but may not be internally lighted. Internally lighted assemblies, including those which project from the wall of the structure, or which are located on any accessory structure on the site, shall be considered wall signs and comply with the requirements of this chapter. "Wall sign" is a sign that is attached or affixed to a wall and that is parallel to and not projecting more than twelve inches at any angle from such wall. Wall signs include signs that are painted directly upon a wall. { MRK436173.DOC;2/00006.150040/ }- 8 - "Window sign" is a sign that is attached or affixed to a window, or a sign displayed within 24 inches of the inside of a window in such a manner as to be visible from any public place. 20.60.010 Permit Required. A. Except as provided in (B), no permanent sign may be constructed, installed, posted, displayed or modified without first obtaining a sign permit approving the proposed sign's size, design, location, and display as provided for in this chapter. B. No sign permit is required for the posting of permanent signs in residential zones, provided that the restrictions and standards of this chapter are met. If additional signage is requested for conditional or non - conforming uses in residential zones, the property owner shall apply for a sign permit.. C. A sign modification shall include, but is not limited to: relocations, modifications to size, design, height or color scheme, or the replacement of twenty -five percent (25 %) or more of the structural material in the sign area. Normal and ordinary maintenance and repair, and changes to the graphics, symbols, or copy of a sign without affecting the size, structural design, height, or color scheme shall not constitute modifications for purposes of this section. 20.60.015 Sign Permit Review Procedures. A. Staff Approval. Except as referred to the architectural design board pursuant to subsections (1), and except as provided in (B), the planning manager, or designee, shall review all applications for permanent sign permits under this chapter, and shall approve, conditionally approve or deny the sign permit application in accordance with the policies of ECDC 20.10.000, the criteria set forth in ECDC 20.10.070, and the standards and requirements of this chapter. The decision of the planning manager on any sign permit application may be appealed to the hearing examiner pursuant to the procedure established in Chapter 20.105 ECDC for appeal of staff decisions. 1. The planning manager or designee may refer sign permit applications to the architectural design board for the types of signs listed below, where the planning manager determines that the proposed sign has the potential for significant adverse impacts on community aesthetics or traffic safety. a. Any freestanding sign; b. Any sign that is illuminated, or that uses light reflective materials; C. Any proposed sign that the planning manager determines to be obtrusive, garish or otherwise not consistent with the architectural features of the surrounding neighborhood. { MRK436173.DOC;2/00006.150040/1- 9 - B. Review by Architectural Design Board. The architectural design board shall review those signs listed below and any sign permit referred by the planning manager pursuant to subsection (A)(1). The architectural design board shall approve, conditionally approve or deny such sign permit applications in accordance with the policies of ECDC 20.10.000, the criteria set forth in ECDC 20.10.070, and the standards and requirements of this chapter. The decision of the architectural design board on any sign permit application may be appealed to the city council pursuant to the procedure established in Chapter 20.10.080 ECDC for appeal of architectural design board decisions. 1. Any sign permit application associated with a variance application that requests a variance to the maximum sign height, area and /or location standards prescribed by this chapter. 2. Any sign permit application that requests approval for the posting and display of more than two permanent signs upon a single lot or building, or any sign application that, if approved, would result in more than two approved permanent signs for any single lot or building. 3. Any sign permit application for an identification structure as defined by this chapter. 4. Any sign permit application that requires a street use permit under Chapter 18.70 ECDC. C. Notwithstanding the provisions of subsections (A) and (B), sign permit applications shall not be referred to or reviewed by the architectural design board if the proposed sign constitutes a modification to an existing sign and involves no significant alteration or modification to the size, height, design, lighting or color of the existing sign. Sign permit applications for such sign modifications shall be processed and subject to review in the same manner as provided in for staff review in section (A). 20.60.020 General Regulations for Permanent Signs. A. When located on a wall or mansard roof, no sign may extend above the highest point of the wall or roof, or above the eave or drip line of a pitched roof on which it is located. A sign may not be attached above the eave or drip line on a pitched roof. B. No sign or any part of a sign may be designed or constructed to be moving by any means and shall not contain items such as banners, ribbons, streamers and spinners. Signs with type that is movable to change the message (reader boards) are allowed. C. No signs shall extend into or over a public right -of -way unless an encroachment permit has been approved (see Chapter 18.70 ECDC). D. Exposed braces and angle irons are prohibited. Guywires are prohibited unless there are no other practical means of supporting the sign. { MRK436173.DOC;2/00006.150040/1- 10 - E. No sign shall have blinking, flashing, fluttering or moving lights or other illuminating device which has a changing light density or color; provided, however, temperature and/or time signs that conform in all other respects to this chapter are allowed. F. No light source which exceeds 20 watts shall be directly exposed to any public street or adjacent property. G. No illumination source of fluorescent light shall exceed 425 milliamps or be spaced closer than eight inches on center. H. No commercial sign shall be illuminated after 11:00 p.m. unless the commercial enterprise is open for business and then may remain on only as long as the enterprise is open. I No window signs above the first floor shall be illuminated. I Sign height shall be determined as follows: 1) For attached signs, sign height is the vertical distance from the midpoint of the top of the sign to the finished grade. 2) For freestanding signs, sign height is the vertical distance from the highest point of the sign area or its support to the average elevation of undisturbed soil at the base of the supports. K. Portable signs may not be used as permanent signage, only fixed signs are permitted. 20.60.025 Total Maximum Permanent Sign Area. A Business and Commercial Zone Districts (BN, BC, CW, CG) 1. The maximum total permanent sign area for allowed or permitted uses in the BN, BC, and CW zones, shall be one (1) square foot of sign area for each lineal foot of the wall containing the main public entrance to the primary building or structure located upon a separate legal lot. 2. The maximum total permanent sign area for allowed or permitted uses in the CG zone shall be one square foot of sign area for each lineal foot of building frontage along a public street and/or along a side of the building containing the primary public entrance to a maximum of 200 square feet. The allowable sign area shall be computed separately for each qualifying building frontage, and only the sign area derived from that frontage may be oriented along that frontage. Sign areas for wall mounted signs may not be accumulated to yield a total allowable sign area greater than that permitted upon such { MRK436173.DOC;2/00006.150040/ }- 11 - frontage, except that businesses choosing not to erect a freestanding sign may use up to 50 percent of their allowable freestanding sign area for additional attached sign area. Use of the additional area shall be subject to the review of the architectural design board. 3. The maximum total permanent sign area may be divided between wall, projecting, freestanding and first floor window signs, in accordance with regulations and maximum sign area and height for each type of sign, as provided in sections 20.60.030 - .050. 4. For multi- tenant or occupant buildings, window signs above the first floor are not included in the total maximum sign area calculation the building, and'are permitted to lawful tenant uses wholly located above the first floor, subject to the maximum sign area as provided in section 20.60.035. 5. The maximum number of permitted permanent signs is three (3). B. Residential Zone Districts (RS, RM) 1. The maximum allowable signage area for individual residential lots shall be four (4) square feet per street frontage, except as provided in (2). 2. The maximum allowable signage area for formal residential subdivisions, planned residential developments (PRD), or multi - family structures containing at least ten dwelling units, shall be ten (10) square feet per main street entrance into the subdivision or PRD. Only one sign may be provided at each main entrance. 3. The maximum total permanent sign area may be divided between wall, freestanding, and first floor window signs, in accordance with regulations and maximum sign area and height for each type of sign, as provided in sections 20.60.030 - .050. 4. Signage in excess of that provided in subsection (1) — (2) for lawful non- conforming or conditional non - residential uses in residential zones may be approved through the issuance of a sign permit pursuant to section 20.60.010, subject to the maximum area and height limitations established for signs in the BN zone. 5. The maximum number of permitted permanent signs is one (1). 20.60.030 Wall Signs — Maximum Area and Height. A. The maximum area of any wall sign shall be as follows: Zone Maximum Area of Sign { MRK436173.DOC;2/00006.150040/ }- 12 - RS, RM 4 square feet BN, BC, CW, CG 1 square foot per lineal foot of attached wall. B. The maximum height of any attached sign shall be as follows: Zone Maximum Height of Sign RS, RM 6 feet BN, BC, CW,CW 14 feet 20.60.035 Window Signs — Maximum Area. A. The maximum area of any window sign shall be as follows: Zone Maximum Area of Sign RS, RM 4 square feet BN, BC, CW, CG 1 square foot per each lineal foot of window frontage 20.60.040 Projecting Signs - Maximum Area and Height Restrictions. A. The maximum area of any projecting sign shall be as follows: Zone Maximum Area of Sign RS, RM Not permitted BN, BC, CW 16 square feet CG 32 square feet B. The maximum height of any projecting sign shall be as follows: Zone Maximum Height of Sign RS, RM Not permitted. BN, BC, CW,CG 14 feet. C. The bottom of the sign area of projecting signs shall be at least eight (8) feet in height and at least eleven (11) feet in height if it projects over a vehicle traveled right of way. The sign area of a marquee sign may not exceed two feet in vertical dimension. 20.60.045 Freestanding Signs - Regulations. { MRK436173.DOC;2/00006.150040/ }- 13 - A. Regulation. Permanent freestanding signs are discouraged. Freestanding signs shall be approved only where the applicant demonstrates by substantial evidence that there are no reasonable and feasible alternative signage methods to provide for adequate identification and/or advertisement. B. Maximum Area. The maximum area of a freestanding sign shall be as follows: Zone Maximum Area of Sign RS, RM 10 square feet (Subdivision, PRD, Multifamily) 4 square feet (Individual Residence Sign) BN 24 square feet (single) 48 square feet (group) BC 32 square feet (single) 48 square feet (group) CW 32 square feet (single) 48 square feet (group) CG Sign area shall be governed by subsection C of this section C. Allowable Sign Area for freestanding signs- CG Zone. The total allowable sign area for freestanding signs on general commercial sites shall be 56 square feet or one -half square foot of sign area for each lineal foot of street frontage, whichever is greater, up to a maximum of 160 square feet of freestanding sign area. Multiple business or tenant sites shall further be allowed an additional 24 square feet of freestanding sign area for each commercial tenant or occupant in excess of one up to a maximum sign area of 160 square feet. Corner lots choosing to accumulate sign area under the provisions of subsection E of this section shall be limited to 160 square feet. D. Maximum Height. The maximum sign height of freestanding signs shall be as follows: Zone Maximum Height of Sign RS, RM 6 feet BN, BC, CW 14. feet CG 25. feet { MRK436173.DOC;2/00006.150040/1- 14 - E. Location. Freestanding signs shall be located as close as possible to the center of the street frontage on which they are located. They may not be located on public property. Sites on a corner of two public streets may have one sign on the corner instead of a sign for each frontage. F. Number. In all zones, each lot or building site shall be permitted no more than one freestanding sign, except in the business and commercial zones where a lot or site has frontage on two arterial streets, in which case there may be permitted one sign per street frontage subject to the restrictions on area contained within this chapter. G. Landscaping. 1. Each freestanding sign shall have a landscaped area twice the size of the sign area at the base of the sign. The landscaping and sign base shall be protected from vehicles by substantial curbing. 2. The applicant shall provide a landscape performance bond in the amount of 125 percent of the estimated costs of the landscaping, or $1,000, whichever is more. The bond shall be processed in accordance with Chapter 17.10 ECDC. 20.60.050 Wall Graphic and Identification Structures. A. There are no area restrictions on wall graphics or identification structures. 20.60.060 Campaign Signs. A. On- premises campaign signs are permitted as a form of temporary signage in all zones, subject to the maximum sign size limitations set forth in section 20.60.080. B. Off - premises campaign signs are permitted as a form of temporary signage in the public right -of -way, provided that the following requirements are met: 1) All campaign signs shall be posted in accordance with the regulations set forth in section 20.60.080(B) 2) All off - premises campaign signs shall be removed within ten (10) days after the primary, general, or special election to which they pertain. 3) Off premises campaign signs shall be posted and displayed no earlier than upon declaration of candidacy in accordance with Chapter 29.15 RCW, or other formal registration or certification of the candidate, party, initiative, referendum or other ballot issue for an upcoming election, or sixty (60) days prior to the election, whichever time period is greater. C. There is no maximum number of off - premises campaign signs that may be posted. { MRK436173.DOC;2/00006.150040/ }- 15 - 20.60.065. Real Estate Signs. A. On- premises real estate signs are permitted as a form of temporary signage in residential and commercial zones, subject to the maximum signage area and sign number limitations set forth in section 20.60.080. B. Off - premises real estate signs are permitted as a form of temporary signage, provided that the following requirements are met: 1) All off - premises real estate signs shall only posted during daylight hours when the real estate agent or owner is in attendance at the property for sale or rent, and shall be removed immediately upon the termination of an "open house" or other similar property display event. 2) All off - premises real estate signs shall be posted in accordance with the regulations set forth in section 20.60.080(B). 3) The maximum number of off - premises real estate signs allowed per property shall be only what is necessary to direct people to the premises. 4) The maximum duration of display for all off - premises real estate signs relating to a particular property, building, or structure is a cumulative of sixty (60) days in any calendar year. C. All on- premises real estate signs shall be removed within ten (10) days after the closing of the sale or lease of real property to which they pertain. 20.60.080 Temporary Signs. A. On Premises Temporary Signs On premises temporary signs are permitted in residential and commercial zones, in addition to any allowed or permitted permanent signage, subject to the following restrictions and standards: 1. Residential Zones (RS, RM) a) Only portable freestanding or attached signs may be used as temporary signage. b) Commercial on- premises temporary signage is not permitted, except for real estate signs as defined by section 20.60.065; c) Maximum number is one (1) attached or freestanding sign. { MRK436173.DOC;2/00006.150040/ }- 16 - 2. Commercial Zones (BN, BC, CW, CG) a) Only portable freestanding or attached signs may be used for temporary signage. Provided that "sandwich board" or "A" frame portable signs shall only be permitted in the BC and CW zones. b) Maximum duration of display is sixty (60) days in any calendar year for the cumulative posting of all temporary commercial signage upon each commercial location or premises. c) Maximum number of temporary signs is one (1) freestanding sign per property street frontage; and one (1) attached sign per building . 3. The total maximum area of on- premises temporary signage shall be as follows: Zone Maximum Area of Tem ,porary Signage RS, RM BN, BC, CW CG 6 square feet 20 square feet 30 square feet 4. The total maximum area for each allowed on premises temporary sign shall be as follows: Zone Maximum Area of Temnorary SiLyn RS, RM 6 square feet (freestanding and attached) BN, BC, CW 6 square feet (freestanding) 20 square feet (attached) CG 6 square feet (freestanding) 30 square feet (attached). 5. The maximum height of any allowed on premises temporary sign shall be as follows: Zone Maximum Height of Sign RS, RM 6 feet (freestanding and attached) BN, BC, CW, GC 3 feet (freestanding) 14 feet (attached) 6. In no case shall temporary signage be posted, located, or displayed in violation of the regulations for permanent signs set forth in sections 20.60.020 to 20.60.050. { MRK436173.DOC;2/00006.150040/ }- 17 - B. Off - premises temporary signage. Off premises temporary signs are allowed in residential and commercial zones, in accordance with the restrictions and standards set forth below: 1) Commercial off - premises temporary signage is prohibited, except for real estate signs as permitted by section 20.60.065, provided that such off - premises real estate signs shall be posted, displayed, and removed as provided for in that section, in addition to the provisions of subsections (5)- (9) of this section. 2) Non - commercial off - premises signs are permitted in the public right -of -way, provided that the posting and display of off - premises signs in the public right - of -way shall require a street use permit where required pursuant to ECDC Chapter 18.70. 3) Maximum duration of display for all temporary off - premises signs is a cumulative of sixty (60) days in any calendar year, except as otherwise provided in section 20.60.060 for campaign signs. Display may be continuous or intermittent, except as otherwise provided in this section. 4) Except for campaign signs as provided in Section 20.60.060, all off - premises non - commercial signs relating to a specific meeting, event, or occurrence shall be removed within forty -eight (48) hours following the conclusion of the meeting, event, or occurrence to which they relate. 5) Only portable freestanding signs may be used as temporary off - premises signage, provided that the following types of portable freestanding signs are prohibited from use as an off - premises sign: a) signs with a vehicular chassis or support with or without wheels; b) posters and banners; c) signs mounted upon vehicles. d) searchlights; e) inflatables. 6) Maximum number of allowed off - premises signs to be displayed simultaneously shall be one (1) sign per sign poster except as provided in section 20.60.060 for campaign signs. 7) Maximum allowable sign area for all temporary off - premises freestanding signs is six (6) square feet. 8) Maximum allowable sign height for all permitted off - premises signs is three (3) feet. { MRK436173.DOC;2/00006.150040/ }- 18 - 9) All off - premises temporary signage shall be posted and displayed in accordance with the following restrictions: a) Off premises signs may not be placed in any portion of the public right -of- way typically used by motor vehicles in a lawful manner. b) Off - premises signs shall be placed so as not to impede pedestrian, bicycle, or handicapped travel or access. c) Off - premises signs shall not be posted in a manner or location which impairs traffic safety by unreasonably blocking line of sight at intersections. d) Off - premises signs shall be constructed of suitable material and design to adequately withstand the reasonably expected normal or average weather conditions during the intended display period of the sign. e) Off - premises signs shall be regularly inspected to ensure that they have not been damaged or destroyed by natural forces or vandalism. Damaged and destroyed signs shall be immediately removed or repaired so as to avoid threats to public health and safety or the accumulation of unclaimed refuse upon the public rights -of -way. f) Off - premises signs shall not be posted upon public property other than the public right -of -way, and shall further not be posted within or upon planter boxes and flower beds within the publicly maintained landscaped portions of the public right -of- -way. 20.60.090 Prohibited Signs. A. General. All signs not expressly permitted by this chapter are prohibited. B. Hazards. Signs which the director of public works determines to be a hazard to vehicle or water traffic because they resemble or obscure a traffic control device, or because they obscure visibility needed for safe traffic passage, are prohibited. These signs shall be removed if they already exist. C. Confiscation of Prohibited Signs in Public Rights -of -Way. All signs which are located within a public right -of -way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation. D. Any signs confiscated by the city shall be held for 10 working day after which such signs may be destroyed or otherwise disposed of. The owner of any confiscated signs { MRK436173.DOC;2/00006.150040/ }- 19 - may recover the same upon payment of a $25.00 fee to cover the cost of confiscation and storage. 20.60.095 Exempt signs. The following types of signs are exempted from regulations of this chapter, except that the dimensional and placement standards shall apply unless variance is required by other provisions of local, state, or federal law. A. Governmental signs. B. Signs required by provision of local, state, or federal law. C. Official public notices required by provision of local, state, or federal law. D. Signs not visible from a public location. E. Seasonal and holiday displays not incorporating the use of written copy or graphics to covey a message. F. Gravestones. 20.60.100 Administration. A. General. The community development director is responsible for administering and enforcing the provisions of this chapter. He or she shall adopt application requirements for sign permits. Fees shall be as stated in Chapter 15.00 ECDC. B. Installation Permits. Many signs require installation permits under Chapter 19.45 ECDC and may require plan checking fees as well. C. Notice of Violation. Whenever the planning director becomes aware of a violation of the provisions of this chapter, the planning director shall cause a notice to be sent to the alleged violator informing him or her of the violation, the applicable code section, and a time within which to remedy the violation. The notice shall also advise of the penalties for continued violation of the code as specified in this chapter. If the violation has not been corrected within the time limit specified, the planning director shall refer the matter to the city attorney's office for institution of appropriate legal action. D. Penalty. Any person violating any provision of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of $25.00 for each day of continued violation. E. Variances. A variance to any requirement of this chapter may be approved by the hearing examiner pursuant to ECDC 20.100.010(B)(2). In considering the variance { MRK436173.DOC;2/00006.150040/ }- 20 - request, the hearing examiner shall consider the criteria set forth in ECDC 20.85.010 and the criteria of ECDC 20.10.070, as such criteria relate to signs. { MRK436173.DOC;2/00006.150040/ }- 21 - STATE OF WASHINGTON, COUNTY or sNOHoDrLjsH. REC,E 1V'E D J U N 0 1 2000 EDMONDS CITY CLERK s_2 -t Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ......... ............................... Summary...of Ordinance__. No.... 3313 ..................... ............................... ................ ....................................................................................... ............................... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: May 29, 2000 ...................................................................................................... ............................... 30th Subscribed and sworn to before me this ............................ -W - - N PUBLIC ti : Z QD e