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Ordinance 38000006.900150 KNE /WSS 12/17/09 R:3/4/l Ogjz ORDINANCE NO. 3800 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 20.60 RELATING TO SIGNS TO ESTABLISH CRITERIA FOR THE ISSUANCE OF SIGN PERMITS FOR WALL GRAPHIC MURALS AND ARTWORK, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City of Edmonds currently regulates "wall graphics," as defined in ECC 20.60.005 and including murals and artwork, in the sign code established in Chapter 20.60 ECC; and WHEREAS, the City of Edmonds desires to establish criteria designed specifically for sign permit applications for wall graphic murals and artwork; and WHEREAS, the planning manager or his designee will conduct design review for sign permit applications according to the newly - established criteria; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amended. Chapter 20.60 ECC is hereby amended 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. {WSS769524.DOC;1 \00006.900000\ } 1 "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. "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. "Community event banner" is a noncommercial sign composed of cloth, fabric, canvas or similarly flexible material that promotes a temporary community event endorsed, operated or sponsored wholly or in part by a local public entity the jurisdiction of which includes the city of Edmonds. "Community events" are nonprofit, governmental or charitable festivals, contests, programs, fairs, carnivals or recreational contests conducted within the city. "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 owned, operated or sponsored by a governmental entity, and which promotes the public health, safety {WSS769524.DOC;1 \00006.900000\ } 2 or welfare. Governmental signs include, but are not limited to, traffic signs, directional and informational signs for public facilities, publicly sponsored warning or hazard signs, and community event banners displayed by a governmental entity on public property. "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 sign's 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. "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, (WS S769524.DOC;1 \00006.900000\ } 3 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 or a "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). Pole signs may include community event banners where the banner is supported by at least two poles that are permanently attached to the ground ( "pole- mounted community event banners "). "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; 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, except for pole - mounted community event banners; 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; {WSS769524.DOC;1 \00006.900000\ } 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 or BD zone in the downtown activity center as defined in the comprehensive plan, where "premises" shall include any portion of the public sidewalk which 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. "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, including murals, in which color and form, and primarily without the use of words, is a part of the overall design on the building(s) where the wall graphic is proposed. 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. (WSS769524.DOC;1 \00006.900000\ ) "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. 20.60.015 Design review procedures. A. Staff Approval. Except as referred to the architectural design board pursuant to subsection (A)(1) of this section, and except as provided in subsection B of this section, the planning manager, or designee, shall review all applications for design review under this chapter, and shall approve, conditionally approve or deny the 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, provided, that for murals and artwork the planning manager or designee shall review the application in accordance with the criteria set forth in subsection C of this section. The decision of the planning manager on any sign permit application shall be final except that signs reviewed by the Architectural Design Board are reviewable as a Type II appeal (See ECDC 20.001.005) established in Chapter 20.105 ECDC for appeal of staff decisions and signs reviewed under subsection (A)(1) are appealable as provided therein. 1. The planning manager or designee may refer design review 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 sign application for an identification structure as defined by this chapter; b. Any sign application for a wall graphic as defined by this chapter; 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. B. Review by Architectural Design Board. The architectural design board shall review those signs listed below and any sign {WSS769524.DOC;1 \00006.900000\ } 6 permit referred by the planning manager pursuant to subsection (A)(1) of this section. 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 ECDC 20.10.080 for appeal of architectural design board decisions. 1. Any sign permit application that requests a modification to any of the standards prescribed by this chapter. The ADB shall only approve modification requests that meet all of the following criteria: a. The request is for signage on a site that has a unique configuration, such as frontage on more than two streets or has an unusual geometric shape; b. The subject property, building, or business has site conditions that do not afford it the opportunity to provide signage consistent with or similar to other properties in the vicinity; C. The design of the proposed signage must be compatible in its use of materials, colors, design and proportions with development throughout the site; d. In no event shall the modification result in signage which exceeds the maximum normally allowed by more than 50 percent. C. Staff Review of Murals and Artwork. When a proposed wall graphic is proposed as a mural or artwork, the planning manager or designee shall review and approve, conditionally approve, or deny the application in accordance with the following criteria. While a separate sign permit is required for each wall graphic, the staff may make a single design review decision on wall graphics that consist of related murals or artwork. Related murals or artwork may include multiple proposals for sites within reasonable proximity to each other that are related by theme, style, materials used, and /or context. The decision of the staff on any design review application containing a mural or art as a wall graphic may be appealed to the city council pursuant to the procedure established in ECDC 20.06. 1. Art, like other exercises of First Amendment rights, may be limited by reasonable time, place, and manner restrictions. In this {WSS769524.DOC;1 \00006.900000\ } 7 case, these criteria will be utilized to enhance the aesthetics of the City and to ensure quality and maintenance standards are observed. No recommendation shall be based upon the content or message expressed by an artist or in a work of art. Applicants are encouraged to coordinate their artwork with the design or architectural elements of the building and the historic and pedestrian- oriented character of the downtown area. 2. Specific submission requirements for design review include, but are not limited to: a. Site sketch showing locations of artwork; b. Minimum 1/4 inch scale color drawings of the art concept or art component; C. Material /color samples; d. Written proposal: a written proposal in 8 1/2 x 11 inch format to include a description and summary of a final design proposal for the artwork; detailed maintenance requirements; a schedule for development, fabrication, and completion; artists' resume; and evidence of assumption of liability by applicant or designee; and e. When required pursuant to ECDC 20.45.050, a certificate of appropriateness shall be obtained from the Historic Preservation Commission for murals on designated historic structures or within a designated Historic District. 3. Review Criteria. Review criteria for the design review include: a. Quality of the materials used to create the artwork. Materials should be resistant to fading; no florescent paints; b. Durability and permanence, including ability to withstand age, vandalism, and weathering. Consideration should be given to anti - graffiti coating; and C. Compatibility of the artwork with architectural elements, other elements of the street, and adjacent structures. Compatibility shall be determined by relationships of the elements of form, proportion, scale, color, materials, surface treatment, and size and style of lettering. Lettering shall be minimized, but may be considered for inclusion when necessary to the artistic content. {WSS769524.DOC;1 \00006.900000\ } 8 D. Notwithstanding the provisions of subsections A, B, and C of this section, 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 subsection A of this section. Section 2. 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 3. Effective Date. This ordinance, being an exercise of a power specifically 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. APP ED: MAYOR PRO TEM STEVE BERNHEIM ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO RM: OFFICE OF T Y A EY- BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 07 -02 -2010 PASSED BY THE CITY COUNCIL: 07 -06 -2010 PUBLISHED: 07 -16 -2010 EFFECTIVE DATE: ORDINANCE NO. 07 -21 -2010 {WSS769524. DOC; 1 \00006.900000\ } 9 SUMMARY OF ORDINANCE NO. 3800 of the City of Edmonds, Washington On the 6th day of July, 2010, the City Council of the City of Edmonds, passed Ordinance No. 3800. 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 CHAPTER 20.60 RELATING TO SIGNS TO ESTABLISH CRITERIA FOR THE ISSUANCE OF SIGN PERMITS FOR WALL GRAPHIC MURALS AND ARTWORK, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 7th day of July, 2010. ,k "-f Z4.' _ CITY CLERK, SANDRA S. CHASE {WSS769524.DOC;1 \00006.900000\ } 10 STATE OF WASHINGTON, COUNTY OF SNOHOMISH ED to c. 181 SUMMARY OF ORDINANCE NO. 3800 o.the Cityrof Edmonds, as inqton On the 6th day of July, 2010, the C'dy Council of the City of Ed- monds, passed Ordinance No. 3800. A summary of the content of said ordinance, consisting of the title, pprovides as follows: AN ORDINANCE OF THE CITY,OF EDMONDS, WASHINGTON, AMENDING THE' PROVISIONS OF CHAPTER 20:60 RELATING TO SIGNS TO ESTABLISH CRITERW FOR THE ISSUANCE OF SIGN PERMITS FOR WALL GRAPHIC; AND ART - WORK,'AND'FIXING'ATIME WHEN "THE'SAME SHALL BE , COME EFFECTIVE. Tits full textof this Ordinari6e will be'mat led upon request. DATED thls7tt`day of July; 201D CITY CLERK; SANDRA S. CHASE Published: July 16, 2010. 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: July 16, 2010 Affidavit of Publication I S.S. 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 Courtof Snohomish County and that the notice Summary of Ordinance NO. 3800 Amending Provisions of Chapter20 60 IF"EIVED AUG Q 4 2010 EDMONDS CIT Y CLERK Account Name: City of Edmonds and that said newspaper was Subscribed and sworn to before me this day of July, 2010 A to j�s subscribers during all of said period. 16th Notary Public in and for ilm -9tate o ' fli p' iti 'f v Snohomish County. Account Number: 1014165voE� ,.bv, ° `e)' g mber. 0001703567 5f,p '+v8 '-fg a, �,