Loading...
Ordinance 35610006.90000 WSS /gjz 9/1/05 ORDINANCE NO. 3561 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECDC 20.60.005 DEFINITIONS TO CORRECT A SCRIVENER'S ERROR IN ORDER TO REAFFIRM DEFINITIONS ADOPTED PURSUANT TO ORDINANCE NO. 3461 IN JULY 1, 2003, WHILE RETAINING THE DEFINITION OF CONSTRUCTION SIGN, ADOPTED BY ORDINANCE NO. 3514, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, Ordinance No. 3461 amended the City's sign code as a part of a comprehensive review on July 1, 2003; and i WHEREAS, the public process which resulted in Ordinance No. 3461 included hearings before the City's Planning Board on June 12, 2002 and July 10, 2002, and before the City Council on March 4, 2003, April 1, 2003, and June 17, 2003; and WHEREAS, such process resulted in the adoption of Ordinance No. 3461; and WHEREAS, said ordinance inadvertently failed to contain a definition of construction sign which was reviewed at the public hearings, the subject of recommendation by the Planning Board and approval by the City Council but not contained in the final draft of Ordinance No. 3461; and WHEREAS, Ordinance No. 3514, was adopted on August 24, 2004, in order to incorporate the deleted definition of "construction sign "; and WHEREAS, Ordinance No. 3514 utilized the obsolete definitions previously contained in ECDC 20.60.005 thereby inadvertently failing to incorporate definitions of "boxed cabinet {WSS613984.DOC;1/00006.900000/} - I - sign," "building ID /historic sign" and others that were adopted as a part of the comprehensive revision in Ordinance No. 3461; and WHEREAS, the scrivener's error by the City Attorney in drafting the ordinance needs to be corrected in order to properly reflect the actions of the Edmonds City Council on July 1, 2003, and is based upon the public process which resulted in the enactment of Ordinance No. 3461; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECDC 20.60.005 Definitions is hereby amended to correct the scrivener's error, based upon the public process which preceded the adoption of Ordinance No. 3461. The revisions to ECDC 20.60.005 Definitions shall read as follows: 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. "Boxed Cabinet sign" is a permanent sign that is mounted on the face of a building that is roughly rectangular in shape and provides for internal illumination and changing the message of the sign by replacing a single transparent or translucent material such as a Plexiglas / lexan face. This definition is meant to distinguish between a cabinet sign that is essentially a rectangular box and one that follows the outlines of the letters of the sign, or an "Outline Cabinet sign ". "Building ID /Historic sign" is a permanent sign that identifies or names a building and assists in creating landmarks in the City. Examples include dates, "1890 ", names, "Beeson Building ", or addresses. {WSS613984.DOC;1/00006.900000/} - 2 - "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. "Construction sign" is a permanent or temporary sign displayed on premises where any physical excavation, construction, demolition, rehabilitation, structural alteration or related work is currently occurring, pursuant to a valid building permit. "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. "Freestanding sign" is any sign that is not attached or affixed to a building. Freestanding signs can be further described as "Monument signs" or "Pole signs ". "Governmental sign" is a sign that is 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 businesses 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. "Internally Illuminated Signs" include any sign where light shines through a transparent or semi - transparent sign face to illuminate the signs message. Exposed neon is considered to be a form of internal illumination. "Marquee sign" is any sign attached or made part of a building marquee. A marquee sign is a form of projecting sign. "Monument signs", are freestanding signs that have integrated the structural component of the sign into the design of the sign and sign base. {WSS613984.DOC;1/00006.900000/} - 3 - "Noncommercial 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. Noncommercial signs include signs advertising incidental and temporary commercial activities conducted by churches and nonprofit 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- premises 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- premises 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. "Outline Cabinet sign" is a permanent sign that is mounted on the face of a building that roughly follows the shape of the text of the sign and provides for internal illumination. This definition is meant to distinguish between a cabinet sign that follows the outlines of the letters of the sign and one that is essentially a rectangular box and one or an "Boxed Cabinet sign ". An "Outlined Cabinet sign" will be treated more like an "Individual Letter sign" where the area of the sign is calculated based on the actual outlined shape of the sign. "Permanent sign" is a fixed or portable sign intended for continuous or intermittent display for periods exceeding 60 days in any calendar year. "Pole signs" are freestanding signs where the structural support for the sign is a pole(s). "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: {WSS613984.DOC;1/00006.900000/} - 4 - 1. Signs designed and constructed with a chassis or support with or without wheels; 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 12 inches beyond the surface of such building or wall. "Reader Board sign" is a sign that is designed to allow for a change in the message, either by adding or removing plastic letters, or by means of electronics and lights. "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 vantage point. Supporting structures which are part of a sign display shall be included in the calculation of the sign area. {WSS613984.DOC;1/00006.900000/} - 5 - "Temporary sign" is an allowed portable sign intended for short- term display, not to exceed 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 12 inches at any angle from such wall. Wall signs include signs that are painted directly upon a wall. "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. Section 2. 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: MAYOA GARV hAAK-ENSON ATTEST /AUTHENTICATED: d. 64e� TY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ) 5�&& W. SCOTT SNYDER {WSS613984.DOC;1/00006.900000/} - 6 - FILED WITH THE CITY CLERK: 09/16/2005 PASSED BY THE CITY COUNCIL: 09/19/2005 PUBLISHED: 09/25/2005 EFFECTIVE DATE: 09/30/2005 ORDINANCE NO. 3561 {WSS613984.DOC;1/00006.900000/} - % - SUMMARY OF ORDINANCE NO. 3561 of the City of Edmonds, Washington On the 19th day of September, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3561. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECDC 20.60.005 DEFINITIONS TO CORRECT A SCRIVENER'S ERROR IN ORDER TO REAFFIRM DEFINITIONS ADOPTED PURSUANT TO ORDINANCE NO. 3461 IN JULY 1, 2003, WHILE RETAINING THE DEFINITION OF CONSTRUCTION SIGN, ADOPTED BY ORDINANCE NO. 3514, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 20th day of September, 2005. CITY CLERK, SANDRA S. CHASE { WSS613984.DOC;1/00006.900000/ }- 8 - STATE OF WASHMIGTON, COUNTY OF SNOHONHSH r —^ SUMMARY OF ORDINANCE NO.3561 4 of the City of mon s, Washington On the 19th day of September, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3561. A summa- ry of the content of said ordinance, consisting of the title, pro- des as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHING - TON, AMENDING THE PROVISIONS OF ECDC 20.60.005 DEFINITIONS TO CORRECT A SCRIVENER'S ERROR IN O MER70F REAFFIRM DEFINITIONS ADOPTED PUR- SUANT TO ORDINANCE NO. 3461 IN JULY 1, 2003, 'WHILE RETAINING THE DEFINITION OF CONSTRUCTION 'SIGN, ADOPTED BY ORDINANCE NO. 3514, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE: The full text of this Ordinance will be mailed upon request. DATED this 201h day of September, 2005. CITY CLERK, SANDRA S. CHASE Published: September 25, 2005. Affidavit of Publication S.S. The undersigned, being first duly swom 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 3561 Amending Provisions of ECDC 20.60.005 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: September 25, 2005 and that said newspaper was regularly distributed to its subscribers during all of said period. – Ynncipal Clerk Subscribed and swom to before me this 26th RECEIVED day of September, 2005 SEP 2 9 2005 �� ��,�sslo "F q�% EDMONDS CITY CLERK Notary Public in a or t e State of Washington, residing at Eve tt, S ohorm RY County. PUBLIC tAA 9 -17 -2008 gyp= 'P VVA G` Account Name: City of Edmonds Account Number. 101416 Order Number: 000133323