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HomeMy WebLinkAboutO-2820 - Repeals and replaces Ch. 19.20, sign code; repeals Sec. 19.06.593 through 19.06.665 (Repealed by 2852)CITY OF MARYSVILLE Marysville, Washington ORDINANCE NO. ~'"ij..:O AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, AMENDING THE CITY'S DEVELOPMENT REGULATIONS REPEALING THE SIGN CODE DEFINITIONS OUTLINED IN MMC SECTION(s) 19.06.593 THROUGH 19.06.665, REPEALING MMC CHAPTER 19.20, SIGN CODE, AND ADOPTING A NEW MMC CHAPTER 19.20, SIGN CODE. WHEREAS, the State Growth Management Act, Chapter 36.70A, RCW mandates that cities periodically review and amend development regulations which include but are not limited to zoning ordinances and official controls; and WHEREAS, RCW 36.70A.l06 requires the processing of amendments to the City's development regulations in the same manner as the original adoption of the City's comprehensive plan and development regulations; and WHEREAS, the State Growth Management Act requires notice and broad public participation when adopting or amending the City's comprehensive plan and development regulations; and WHEREAS, the City, in reviewing and amending its zoning code and development regulations has complied with the notice, public participation and processing requirements established by the Growth Management Act, as more fully described below; and WHEREAS, the City Council of the City of Marysville finds that from time to time it is necessary and appropriate to review and revise provisions of the City's Zoning Code (Title 19 MMC); and WHEREAS, the Zoning Code amendment is consistent with the following required findings of MMC 19.56.030: (1) The amendment is consistent with the purposes of the comprehensive plan; (2) The amendment is consistent with the purpose of Title 19 MMC; (3) There have been significant changes in the circumstances to warrant a change; (4) The benefit or cost to the public health, safety and welfare is sufficient to warrant the action; and WHEREAS, the Planning Commission discussed the above-referenced amendment during public meetings held on October 13, 2009, November 10, 2009, November 24, 2009, December 8, 2009, January 12, 2010 and January 26, 2010; and WHEREAS, after providing notice to the public as required by law, on February 23, 2010, the Marysville Planning Commission held a Public Hearing on proposed changes to the City's Zoning Code; and WHEREAS, at a public meeting on April 12, 2010, the Marysville City Council reviewed and considered the amendment to the Zoning Code proposed by the Marysville Planning Commission; and WHEREAS, the City of Marysville has submitted the proposed development regulation revisions to the Washington State Department of Community, Trade, and Economic Development as required by RCW 36.70A.106; and WHEREAS, the City has complied with the requirements of the State Environmental Policy Act, Ch.43.21C RCW, (SEPA) by adopting a determination of non-significance for the proposed revisions to the City's development regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The Sign Code Definitions outlined in MMC Section(s) 19.06.593 through 19.06.665 are hereby repealed. Section 2. MMC Chapter 19.20, Sign Code, is hereby repealed in its entirety. Section 3. A new MMC Chapter 19.20, Sign Code, is hereby adopted to read as explicitly outlined in Exhibit A, attached hereto. Section 4. Severability. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. PASSED by the City Council and APPROVED by the Mayor this 2.. day of ~~l\---' , 2010. ::TY[:v;~UI DENNIS KENDALL, MAYOR Attest: I By: Approved as to form: n By:,(J~W~ GRANT K. WEED, CITY ATTORNEY Date of Publication: LI(-Z1/10 Effective Date: Z&/( 0W (5 day~fterpGblication) EXHIBIT A Chapter 19.20 SIGN CODE Sections: 19.20.010 PURPOSE 19.20.020 DEFINITIONS 19.20.030 AUTHORITY 19.20.040 PERMITS REQUIRED 19.20.050 APPLICATION REQUIREMENTS AND FEE SCHEDULE 19.20.060 INSPECTIONS 19.20.070 CONSTRUCTION STANDARDS 19.20.080 PROHIBITIONS 19.20.090 EXEMPTIONS 19.20.100 ON-PREMISES REQUIREMENT 19.20.110 MAINTENANCE 19.20.120 ABANDONED SIGNS 19.20.130 SUB-AREA MASTER PLAN AND SPECIAL OVERLAY DISTRICTS 19.20.140 ILLUMINATION 19.20.150 MEASUREMENT STANDARDS 19.20.160 DEVELOPMENT STANDARDS -RESIDENTIAL ZONES 19.20.170 DEVELOPMENT STANDARDS -WALL SIGNS 19.20.180 DEVELOPMENT STANDARDS -FREESTANDING SIGNS 19.20.190 DEVELOPMENT STANDARDS -ELECTRONIC MESSAGE, ANIMATED AND CHANGEABLE COpy SIGNS 19.20.200 DEVELOPMENT STANDARDS -INSTRUCTIONAL SIGNS 19.20.210 DEVELOPMENT STANDARDS -WINDOW SIGNS 19.20.220 DEVELOPMENT STANDARDS -BLADE/BRACKET SIGNS 19.20.230 DEVELOPMENT STANDARDS -GAS STATIONS, CONVENIENCE STORES, CAR WASHES AND SIMILAR USES 19.20.240 DEVELOPMENT STANDARDS -TEMPORARY AND SPECIAL EVENT SIGNS 19.20.250 NONCONFORMING SIGNS 19.20.260 AMORTIZATION FOR BILLBOARD SIGNS 19.20.270 BONUS ALLOWANCE FOR OUTSTANDING DESIGN 19.20.280 VARIANCES 19.20.290 SUBSTITUTION 19.20.010 PURPOSE The purpose of this chapter is to provide for the reasonable display of signs necessary for public service or the conduct of business. The regulations enacted herein are necessary to protect the safety and welfare of the public and to maintain an attractive appearance in the community. This chapter authorizes and regulates the use of signs visible from a public right-of-way and/or adjacent property to: (1) Provide a reasonable balance between the right of an individual to identify a business and the right of the public to be protected against the unrestricted proliferation of signs; and (2) Support the economic well-being of businesses by allowing businesses to identify their premises and advertise products and services; and (3) Provide minimum standards to safeguard life, health, property and the general welfare by regulating and controlling the design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures; and (4) Ensure that signs are compatible with adjacent land uses; and (5) Protect the public from hazardous conditions resulting from signs that are structurally unsafe, obscure visions of motorists, distract motorists, or interfere with traffic signs and signals; and (6) Minimize overhead clutter for drivers and pedestrians; and (7) Provide for types and sizes of signs appropriate to the land uses and zoning districts of the city; and (8) Encourage well-designed signs that are compatible both with surrounding land uses and the buildings to which they are appurtenant; and (9) Provide for the orderly and reasonable elimination of existing signs that are not in conformance with this chapter to protect the public health, safety, and welfare; and (10) Provide a reasonable amortization period for businesses which have made a substantial investment in off-premises signs (billboards); and (11) Implement the goals and policies of the Marysville Comprehensive Plan; and (12) Protect property values by encouraging signs that are appropriate in both scale and design to surrounding buildings and landscape, and by discouraging a needless proliferation of the number of signs. 19.20.020 DEFINITIONS (1) Undefined Words and Phrases. The definition of any word or phrase not listed in the definitions, which is in question when administering this title, shall be defined by the Community Development Director from one of the sources set forth below. The sources shall be utilized by finding the desired definition from source number one, but if it is not available there, then source number two may be used and so on. The sources are as follows: (a) Any City of Marysville resolution, ordinance, code, or regulation. (b) Any statute or regulation of the State of Washington. (c) Legal definitions from Washington common law or a law dictionary. (d) The common dictionary. (e) A Planners Dictionary published by the American Planning Association. (2) Defined Terms Abandoned sign. A sign which for a period of at least sixty (60) consecutive days or longer no longer advertises or identifies a legal business establishment, product or activity. Abandoned sign structure. A sign structure where no sign has been in place for a continuous period of at least three (3) years. A-board. A temporary portable sign, usually constructed of two pieces of wood, plastic or similar material, attached to each other at the top edge that stands like an "A" or is worn by a person such that one sign face is visible on either side of the sign. See also sandwich boards. Address sign. A sign displaying only an address. Animated sign. A sign which has any visible moving part, flashing or osculating lights, either natural or artificial, or visible movement achieved by any means that move, change, flash, osculate or visibly alter in appearance, in order to depict action or to create special effects or scenes. Attached sign. Any sign attached or affixed to a building. Attached signs include wall signs, projecting signs, and window signs. Awning sign. A sign attached to an awning, canopy or other similar structure, which is comprised of fabric, plastic or similar materials and is located over an entrance, a window or an outdoor service area at a place of business. An awning sign is a type of wall sign. A marquee sign is an awning sign. Banner. A temporary, lightweight sign that contains a message which is attached or imprinted on a flexible surface that deforms under light pressure and that is typically constructed of non­ durable materials, including, but not limited to, cardboard, cloth and/or plastic. Billboard. A preprinted or hand-painted changeable advertising copy sign which directs attention to businesses, commodities, services, or facilities which are not primarily sold, manufactured, or distributed from the property on which the sign is located and are customarily leased for commercial purposes. The term "billboard" includes both the structural framework that supports a billboard and any billboard faces attached thereto. Blade/bracket sign. A small, pedestrian-oriented sign that projects perpendicular from a structure (blade sign) or is hung beneath an awning, canopy, or marquee (bracket sign). Canopy sign. Any permanent sign attached to or constructed underneath a canopy. These signs are below a projecting structure, which extends over the pedestrian walkway and which would effectively prevent a wall sign from being visible to the pedestrian walking under the canopy. See also projecting and blade/bracket sign. Changeable copy sign. A sign or portion thereof on which the copy or symbols change either automatically through electrical or electronic means (for example, time and temperature units), or manually through placement of letters or symbols on a panel mounted in or on a track system. City gateway sign. A sign constructed and maintained by the city to welcome citizens and visitors to the city. Gateway signs are usually installed along major arterial streets leading into the city. Clearance of a sign. The smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade. Construction sign. A sign on the site of a construction project that identifies the project, its character, or purpose and that may include the architects engineers, planners, contractors or other individuals or firms involved. Directional sign. A single-faced or double-faced sign not exceeding six square feet in surface area per side designed to guide or direct pedestrian or vehicular traffic to an area, place or convenience. Advertising on said signs shall be limited to incidental graphics such as trade names and trademarks. A directional sign is a type of instructional sign. Electric sign. Any sign containing electrical wiring, lighting, or other electrical components, but not including signs illuminated by a detached exterior light source. Electronic message sign. A variable message sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs or a flipper matrix. Also known as changeable copy sign. Flashing sign. An illuminated sign which lights suddenly or intermittently. A strobe light used to attract attention to a business is an example of a flashing sign. Freestanding sign. A sign on a frame, pole, or other support structure that is not attached to any building. This definition includes pole, or pylon, and monument signs. Garage or yard sale sign. A temporary sign used to direct people to a sale of personal household possessions. Incidental signs. Incidental signs are small signs of a noncommercial nature without advertising, intended primarily for the convenience of the public about goods, facilities, or services available on the premises including, but not limited to, restrooms, hours of operation, entrances and exits to buildings and parking lots, help wanted, public telephones, acceptable credit cards, property ownership or management, or recycling containers. Indirect lighting. Lighting displayed or reflected on the surface or face of a sign, which is not inside the sign and not a part of the sign proper. Instructional Signs. A sign clearly intended for instructional purposes, as determined by the Community Development Director, shall not be included in the permitted sum of the sign area of identification wall signs, provided such sign is not larger than six (6) square feet per sign, and such sign is not in a location, and does not include design characteristics, that constitute or serve the purposes of an identification sign. Internally illuminated signs. 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. A permanent structure attached to, supported by, and projecting from a building and providing protection from the weather elements, but which does not include a projecting roof. For purposes of these standards, a free-standing, permanent, roof-like structure providing protection from the elements, such as a service station gas pump island, shall also be considered a marquee. The definition also includes an awning and a canopy. Marquee sign. A sign incorporated into or attached to a marquee. Menu sign. A menu board at the entrance to a drive-through lane at a restaurant or an automobile service facility listing menu items or services for sale at the establishment. Car washes or automobile lubrication facilities typically display a menu sign. Monument sign. A freestanding sign that is attached directly to the ground with a decorative base made of wood, masonry or other similar material. Monument signs may have posts comprised of wood, masonry, or metal so long as the posts are completely surrounded by the decorative base. The width of the top of the sign structure can be no more than one hundred twenty (120%) percent of the width of the base. Monument signs shall not exceed twelve (12) feet in height. Mural. A large decorative image, not an advertisement that is painted or drawn on an exterior wall of a structure. Nameplate. A sign displaying only an occupant's name or the name or address of premises. Nonconforming sign. A sign that was created and issued a permit in conformance with development regulations at the time of its installation, but which subsequently, due to a change in the zone or land use regulations, is no longer in conformance with the currently applicable development standards. Off-premises sign. A sign relating, through its message and content, to a business activity, use, product, or service not available on the premises upon which the sign is erected. On-premises sign. A sign relating, through its message and content, to a business activity, use, product, or service available on the premises upon which the sign is erected. Painted sign. A sign painted on a wall, fence or other structure and not lighted by internal illumination. A painted sign is a type of wall sign. Pole sign. A freestanding sign hung from or supported by vertical standing pipe(s), wood beams(s) or other material(s) that are affixed to the ground at one end and to the sign at the other end if the support(s) are clearly Visible. This definition also includes a pylon sign. Portable sign. Any movable sign not permanently attached to the ground or a building and easily removable using ordinary hand tools. Projecting sign. A sign which projects from and is supported by a wall or parapet of a building with the display surface of the sign in a plane perpendicular to or approximately perpendicular to the wall. See also canopy sign. Promotional sign. Posters, pennants, banners or streamers, balloons, searchlights, clusters of flags, strings of twirlers or propellers, flares, and other displays of a carnival nature used to promote a grand opening or sales events. Public safety sign. A sign advertising a location where public safety services are available. Readerboard sign. A sign with characters, letters, or illustrations that can be changed or rearranged without altering the face or surface of the sign. See also changeable copy sign. Real estate sign. A portable or temporary sign pertaining to the sale, exchange, lease, rental, or availability of land, buildings, condominium and similar units, or apartments. Residential development sign. A sign identifying a residential subdivision or multifamily complex. Revolving sign. A sign that revolves or partially revolves by mechanical means. Roof sign. Any sign erected upon or above a roof or parapet of a building or structure. Sandwich boards. A self-supporting A-shaped freestanding temporary sign with only two visible sides that are situated to a business, typically on a sidewalk. See also A-board. Sign. Any device, fixture, or placard that is visible from a public right-of-way or surrounding properties and uses graphics, symbols, logos, or written copy conveying a message or image and used to inform or attract the attention of the public, such as advertising or identifying an establishment, product, goods, service or activity. A sign may have multiple faces and advertise multiple on-premises establishments, businesses, products, services, or activities. This definition does not include any flag of any country, state or local jurisdiction. Unless the context clearly provides to the contrary, a "sign" as used in this chapter also includes the "sign structure." Sign face. The portion of a sign which contains lettering, logo, trademark, or other graphic representations. Sign maintenance. Normal care needed to keep a sign functional, such as cleaning, painting, oiling, and changing of light bulbs. Sign repair. Fixing or replacement of broken or worn parts. Replacement includes comparable materials only. Sign structure. A structure specifically intended for supporting or containing a sign. This definition shall include any decorative covers, braces, wires, supports, or components attached to or placed around the sign structure. Special event sign. See temporary and special event signs. Street banners -decorations. Any street banners, decorations, and/or other similar items located in the city right-of-way. Temporary and special event signs. A sign placed on a structure or the ground for a specifically limited period of time as provided in Section 19.20.240 MMC. Time and temperature sign. An electronic message sign displaying solely the time and temperature. Wall sign. Any sign attached to or painted on the wall of a building or structure in a plane parallel or approximately parallel to the plane of said wall. Window sign. Any sign viewable through and/or affixed in any manner to a window or exterior glass door such that it is intended to be viewable from the exterior, including signs located inside a building but visible primarily from the outside of the building. 19.20.030 AUTHORITY (1) Administration. The Community Development Director will administer these sign standards as set forth in Title 15 MMC. The director may implement procedures, forms, and written policies for administering the provisions of this chapter. (2) Enforcement. This chapter will be enforced by the Code Enforcement Officer. (3) Violations. Violations of this chapter are civil infractions enforced under Title 4 MMC. 19.20.040 PERMITS REQUIRED It shall be unlawful to erect or display a sign in the city without a sign permit issued by the Community Development Department, except for those exempted in Section 19.20.090 MMC. 19.20.050 APPLICATION REQUIREMENTS AND FEE SCHEDULE (1) Applications for sign permits shall be made to the Building Official upon forms provided by the Community Development Department. Such application shall require: (a) Name, address, telephone number and e-mail address of the applicant. (b) Name, address, telephone number and e-mail address of the sign owner. (c) Tax parcel number or correct address where the proposed sign or signs will be located. (d) A scaled drawing of the proposed sign or sign revision, including size, height, copy, structural footing details, method of attachment and illumination. (e) A scaled site plan, indicating the location of the sign relative to property lines, rights-of­ way, streets, sidewalks, and other buildings or structures on the premises. (f) The number, size, type and location of all existing signs on the same building, lot or premises. (2) Fee schedule. Fees for sign permits are as provided by Section 16.04.045 MMC, Table 1-A. 19.20.060 INSPECTIONS (1) Inspections are required for all signs requiring a permit. The Building Division shall be contacted for inspections at the following points of the project: (a) Prior to pouring footings for freestanding signs. The applicant will be required to provide enough field information for the inspector to determine the proposed sign complies with applicable setback prOVisions. (b) Foundation, anchorage, attachments and other structural support of the sign, sign structure and awning. (c) Electrical connections of the sign, sign lighting or awning lighting. No person may make connections of a sign, sign lighting or awning lighting to a power source until all electrical components and connections have been approved. (d) Final sign installation to determine compliance with the approved plans. (2) Special inspections may be reqUired for complex signs as specified by the licensed design professional or the Building Official. Notice will be given to the applicant as part of the permit review process when a special inspection is reqUired. 19.20.070 CONSTRUCTION STANDARDS The construction, erection, safety and maintenance of all signs shall comply with Title 16 MMC, and the following: (1) Signs shall be structurally sound and located so as to pose no reasonable threat to pedestrian or vehicular traffic. (2) All permanent freestanding signs shall have self-supporting structures erected on, or permanently attached to, concrete foundations. (3) Signs should not be in locations that obscure architectural features such as pilasters, arches, windows, cornices, etc. (4) Signs should not be in locations that interfere with safe vehicular and pedestrian circulation or public safety signals and signs. (5) No signs shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window, or door opening used as a means of egress. 19.20.080 PROHIBITIONS The following signs are prohibited in the City and are subject to the specific prohibitions, requirements, and exceptions set forth below for each type of sign: (1) Billboards. Billboards shall be removed subject to the amortization schedule outlined in Section 19.20.260 MMC. (2) Animated Signs. No sign shall be animated, revolve or rotate either mechanically or by illumination, except for the movement of the hands of a clock, permitted electronic message signs, and barber poles; (3) Roof Signs. (4) Hazardous Signs. A sign is hazardous if it creates a safety hazard for pedestrians or motorist, as determined by the Police Chief or City Engineer. (5) Signs located in or on public right-of-way. No signs shall be located upon or projecting over public streets, sidewalks, or rights of way except as provided for projecting wall signs in Section 19.20.170(8) MMC, blade/bracket signs in Section 19.20.220 MMC and temporary and special event signs in Section 19.20.240 MMC. (6) Temporary and Special Event Signs. Temporary and special event signs not meeting the requirements of Section 19.20.240 MMC are prohibited. This prohibition includes, but is not limited to, portable readerboards, signs on vehicles or trailers, banners and sandwich or A­ boards, provided, that sandwich or A-Board signs may in certain circumstances be specifically allowed as set forth in this Chapter. (7) Signs on Utility Poles and Trees. Signs on utility, street light and traffic control standards or poles and trees are prohibited, except for those of the utility or government. (8) Signs not meeting the requirements of this chapter or that are legally nonconforming. The following signs are unlawful and prohibited: (a) Signs which were lawful under prior sign codes, but which are not lawful under this Chapter. (b) Signs that do not comply with the conditions of their permits. (c) Signs erected, altered or relocated without a permit and not in compliance with this Chapter. (d) Signs which were lawful under prior sign codes, but which have been altered or relocated so that the sign is not in compliance with this Chapter. (e) Signs that identify and advertise activities, products, businesses, or services which have been discontinued, terminated or closed for more than sixty (60) days on the premises upon which the signs are located. (9) Streamers, Pennants, and Banners. Displays of banners, festoons flags, posters, pennants, ribbons, streamers, strings of lights, chasing strobe or scintillating lights, flares, balloons, bubble machines and similar devises are prohibited when the same are visible from any off-site location, including but not limited to, any public right-of-way, except as provided in Section 19.20.240 MMC. Where such signs or devices are not visible from off-site, this prohibition does not apply. (10) Traffic-Like Signs. Signs which by reason of their size, location, movement, content, coloring or manner of illumination may be confused with a traffic control sign, signal, or device, or the light of an emergency vehicle, or which obstruct the visibility of any traffic or street sign or signal, are prohibited. (11) Obscene Signs. Signs which bear or contain statements, words or pictures, which are obscene under the prevailing statutes or applicable State and federal court decisions, are prohibited. 19.20.090 EXEMPTIONS The following signs are exempted from obtaining a sign permit, but must comply with all other requirements of this chapter and with the specific requirements set forth below for each type of sign: (1) Temporary and special event signs meeting the requirements of Section 19.20.240 MMC (2) On-premises and portable commercial or real estate signs meeting the requirements of Section 19.20.240(5)&(6) MMC (3) Political signs meeting the requirements of Section 19.20.240(7) MMC (4) Nonelectric signs not exceeding four (4) square feet per face, which are limited in content to the name of occupant and address of the premises in a residential zone. (5) Instructional signs, not exceeding six (6) square feet per sign, provided, that foundation, anchorage, attachments and other structural support of the sign and electrical connection require construction permits. (6) Menu signs. Foundation, anchorage, attachments and other structural support of the sign and electrical connection require construction permits. (7) Seasonal Decorations. Reasonable seasonal decorations within an appropriate holiday season or during a festival are exempt from this section as long as such displays are removed promptly at the end of the holiday season or festival. (8) Sculptures, fountains, benches, lighting, mosaics, murals, landscaping and other street furniture and design features, which do not incorporate advertising or identification. (9) Signs Not Visible From Public Way. Exterior and interior signs or displays not intended to be visible from streets or public ways, signs in the interior of a building more than three (3) feet from the closest window and not facing a Window, window displays and point of purchase advertising displays such as vending machines. (10) The flag, emblem or insignia of a nation or other governmental unit or nonprofit organization, subject to the guidelines concerning their use set forth by the government or organization which they represent. Flag poles require a construction permit for structural review. (11) Traffic or other municipal signs, signs required by law or emergency services, railroad crossing signs, legal notices, and any temporary signs specifically authorized by the City Councilor authorized under policies and procedures adopted by the City Council. (12) Signs of public utility companies indicating danger or which serve as an aid to public safety or which show the location of underground facilities or of public telephones. (13) Memorial signs or tablets, names of buildings, stained glass windows and dates of erection when cut into the surface of the fac;ade of the building or when projecting not more than two (2) inches. (14) Incidental signs, including, but not limited to, "no trespassing", "no dumping", "no parking", "private", signs identifying essential public needs (i.e. restrooms, entrance, exit, telephone, etc.) and other information warning signs, which shall not exceed three (3) square feet in surface area. (15) Flush-mounted wall signs which are used to identify the name and address of the occupant for each dwelling provided the sign does not exceed two (2) square feet in sign area. (16) Gateway Entrance Signs. Gateway entrance signs that comply with the City of Marysville Gateway Master Plan. Foundation, anchorage, attachments and other structure support of the sign and electrical connection require construction permits. 19.20.100 ON-PREMISES REQUIREMENT All signs shall be located on-premise, provided that temporary off-premises signs shall be allowed subject to the provisions set forth in Chapter 19.20.240 MMC In addition, property owners not abutting a public street may apply for an off-premises freestanding sign with a contiguous property abutting a public street, subject to the follOWing criteria: (1) The allowable off-premises freestanding sign area shall be determined by measuring the street frontage of the property abutting the public street, as provided in Section 19.20.150(5) MMC (2) Off-premises freestanding signage shall comply with all applicable development standards set forth in this Chapter. (3) Applicants may apply for a bonus allowance, subject to the criteria set forth in Section 19.20.270 MMC 19.20.110 MAINTENANCE Signs shall be maintained in a state of good repair. Those signs found to be deteriorated or unsafe shall be repaired or removed by the owner within ten (10) days after receiving notice from the Community Development Director or designee. The premises surrounding a freestanding sign shall be free of litter, and any landscaped area shall be maintained. 19.20.120 ABANDONED SIGNS Abandoned signs shall be removed by the property owner or lessee within sixty (60) days after the business or service advertised by the sign is no longer conducted on the premises. If the property owner or lessee fails to remove it, the Community Development Director, or designee, shall give the owner ten (10) days written notice to remove it. Upon failure to comply with this notice, the City of Marysville may remove the sign at the cost of the owner of the premises. The foundations and posts of a sign, with all advertising copy removed, may remain on the premises for up to three years with the owner's written consent, on the condition that the same must be continuously maintained pursuant to Section 19.20.110 MMC. 19.20.130 SUB-AREA MASTER PLAN AND SPECIAL OVERLAY DISTRICTS In general, all signs are subject to sign regulations outlined in Chapter 19.20 MMC. When the regulations of a sub-area master plan or special overlay district conflict with this Chapter, unless specifically indicated otherwise, the regulations of the sub-area master plan or special overlay district supersede the regulations of Chapter 19.20 MMC. 19.20.140 ILLUMINATION The following standards apply to all illuminated signs: (1) Sign illumination shall not interfere with the use and enjoyment of adjacent properties, create a public nuisance, or create public safety hazards. Exterior light sources shall be shielded from view and directed to illuminate only the sign face. (2) No sign shall have blinking, flashing, moving or fluttering lights or other illuminating devices that have a changing light intensity, brightness or color. (3) Illuminated signs shall not create a hazardous glare for pedestrians or vehicles either in a public street or on any private premises and shall not project towards the sky. (4) The light from an illuminated sign shall not be of an intensity or brightness or directed in a manner that will create a negative impact on residential properties in direct line of sight to the sign. (5) Colored light shall not be used at a location or in a manner so as to be confused or construed as a traffic control device. (6) Reflective-type bulbs and incandescent lamps that exceed fifteen (15) watts shall not be used on the exterior surface of signs so that the face of the bulb or lamp is exposed to a public right-of­ way or adjacent property. (7) Light sources shall utilize energy efficient fixtures to the greatest extent possible. (8) Each illuminated sign shall be subject to a thirty (30) day review period, during which time the Community Development Director or designee may determine that a reduction in illumination is necessary due to negative impacts on surrounding property or the community in general. In addition, and at any time, the Community Development Director or designee may order the dimming of any illumination found to be excessively bright. The Community Development Director's determination will be made without regard to the message content of the sign. 19.20.150 MEASUREMENT STANDARDS (1) Determining Sign Area and Dimensions (a) For a wall sign which is framed, outlined, painted or otherwise prepared and intended solely to provide a background for a sign display, the area and dimensions shall include the entire portion within such background or frame. (b) For a wall sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not a part of the architecture of the building. When separate elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different elements. Minor appendages to a particular regular shape, as determined by the Community Development Director, shall not be included in the total area of a sign. Figure 1: Wall Sign Area -Examples of Area Calculations Measuring the examples using multiplegeometric shapes Ibis illustrates the arms to l:e induded uithin the calaJaticm if a SignA n?a. (c) For a freestanding sign, the sign area shall include the frame, if any, but shall not include: (i) A pole or other structural support unless such pole or structural support is internally illuminated or otherwise designed so as to constitute a display device, or a part of a display device. (ii) Architectural features that are either part of the building or part of a freestanding structure, and not an integral part of the sign, such as which may consist of landscaping, building or structural forms complementing the site in general. Figure 2: Freestanding Sign Area -Examples of Area Calculations The dashed lin:? indicates the sign aroz (d) When two identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time and are part of the same sign structure, the sign area shall be computed as the measurement of one of the two faces. (2) Determining Sign Height (a) The height of a freestanding sign shall be measured from the base of the sign or supportive structure at its point of attachment to the ground, to the highest point of the sign. A freestanding sign on a man-made base, including a graded earth mound, shall be measured from the grade of the nearest pavement or top of any pavement curb. (b) Clearance for freestanding and projecting signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments. (3) Determining Building Frontages and Frontage Lengths (a) Building Unit -The building unit is equivalent to The heigft ifa sign is rrmswedfrom thethe tenant space. The frontage of the tenant grade ifthe strret ler.el uhere the sign is space on the first floor shall be the basis for determining the permissible sign area for wall 'ZieuIri; notfrom the top ifthe rm.md signs. (b) Primary and Secondary Frontage -The frontage of any building unit shall include the elevation(s) facing a public street, facing a primary parking area for the building or tenants, or containing the public entrance(s) to the bUilding or bUilding units. (i) The primary frontage shall be considered the portion of any frontage containing the primary public entrance(s) to the building or building units. (ii) The secondary frontage shall include those frontages containing secondary public entrances to the building or building units and all building walls facing a public street or primary parking area that are not designated as the primary building frontage by subsection (i) above. (4) Length of Building Frontage (a) The length of any primary or secondary building frontage shall be the sum of all wall lengths parallel, or nearly parallel, to such frontage, excluding any such wall length determined by the Community Development Director to be clearly unrelated to the frontage criteria. (b) The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit. (5) Determining Street Frontage (a) Street frontage shall be determined by measuring the lineal feet of property abutting the public street from which a property obtains primary access. (b) For developments located along more than one public street, the street frontage shall be determined by measuring the lineal feet of property abutting all public streets. (c) Alley frontage shall not be included in determining street frontage. (d) Properties abutting Interstate 5, and not abutting a public street, shall have the street frontage determined by measuring the lineal feet of property abutting Interstate 5. 19.20.160 DEVELOPMENT STANDARDS -RESIDENTIAL ZONES In addition to all other provisions of this chapter, the following development standards apply in residential zones: (1) The total combined area of all nonexempt signs on any lot in a residential zone shall not exceed nine (9) square feet, except as provided in subsections (7) through (11) below. (2) All dwelling units in residential districts shall display house numbers readable from the street. (3) Illumination from or upon signs shall be shaded, shielded, directed or reduced so that the light intensity or brightness does not affect the enjoyment of residential property in the vicinity in any substantial way. (4) Freestanding pole, or pylon, signs are prohibited. (5) Roof signs are prohibited. (6) No sign shall be located closer than ten (10) feet to an internal property line unless attached to a fence. Signs attached to fences shall not extend higher than the fence and shall not create sight distance obstruction or any other safety hazard. (7) Each entrance to a subdivision or multi-family development may have a monument sign up to thirty-two (32) square feet in area, per face, or two single-faced signs of not more than sixteen (16) square feet each. These signs shall be located outside the public right-of-way so as not to create a visual obstruction for motorist or pedestrians. The height of such signs shall not exceed five (5) feet. (8) Home occupation, day care and adult family home signs shall not exceed three (3) square feet and shall be wall signs, monument signs or mounted to a fence. Signs mounted to a fence shall comply with the provisions outlined in subsection (6) of this section. (9) Signs for conditional uses permitted in residential zones shall be approved as part of the applicable conditional use permit and shall not be otherwise restricted by the provisions of this section. (10) Temporary sale signs (garage sale, estate sale, etc.) may be displayed no more than three (3) days prior to the event and shall be removed 24-hours after the event is completed. There shall be no more than two (2) such events advertised for any residence per year. (11) Real estate for sale or for rent signs are permitted pursuant to Section 19.20.240(5)&(6) MMC. 19.20.170 DEVELOPMENT STANDARDS -WALL SIGNS (1) The basic allowance for wall signs shall be limited to one and one-half (1 112) square feet of sign area for each lineal foot of primary building frontage or two (2) square feet of sign area for each lineal foot of primary building frontage for non-illuminated signs. (2) Each tenant is allowed a minimum sign area of thirty-two (32) square feet. (3) Each tenant may have multiple wall signs placed on the primary or secondary building frontage(s), so long as the total wall signage does not exceed the allowances outlined in subsection (1) of this section. (4) The wall signage shall not exceed two-thirds (2/3) of the overall frontage for the building or tenant(s), as applicable. (5) The wall signage shall not encroach within three (3) feet from the edge of the building or tenant(s) frontage, as applicable. (6) Wall signs shall not extend above the building parapet, soffit, eave line, or roof of the building. (7) The color, shape, material, lettering and other architectural details shall be harmonious with the character of the primary structure. No angle irons, guy wires, or braces shall be visible except those that are an integral part of the overall design. (8) The following additional wall signs may be permitted: (a) Projecting signs are permitted, in addition to the allowances for wall signs, when designed and placed for the purpose of identifying the business(es) to pedestrians walking along the same side of the street as the business they seek or under a continuous rain canopy projecting from the building, subject to the following criteria: (i) Clearance: Shall clear sidewalk by eight (8) feet. (ii) Projections: Shall not project more than five (5) feet from the building fal;ade, unless the sign is a part of a permanent marquee or awning over the sidewalk. Vertically oriented signs shall not project more than three (3) feet from the building fal;ade. In no case shall a projecting sign be placed within two (2) feet of the curb line. (iii) Size: Shall not exceed an area of two (2) square feet per each ten (10) lineal feet of applicable primary building frontage. (iv) Height: Shall not extend above the building parapet, soffit, eave line, or the roof of the bUilding, except for theatres. (v) Spacing: Twenty (20) feet minimum separation. (vi) Design: The color, shape, material, lettering and other architectural details shall be harmonious with the character of the primary structure. No angle irons, guy wires, or braces shall be visible except those that are an integral part of the overall design. (b) Building Directory -In addition to the wall signs otherwise permitted by these regulations, an additional sign may be permitted up to a maximum of ten (10) square feet for the purpose of identifying upper floor tenants or first floor tenants that do not have outside building frontage. 19.20.180 DEVELOPMENT STANDARDS -FREESTANDING SIGNS (1) The basic allowance for freestanding signs shall be limited to one (1) square foot of sign area for each lineal foot of street frontage not to exceed two-hundred (200) square feet of sign area per street frontage and seventy-five (75) square feet per sign face. (2) The maximum height of freestanding signs is outlined in Table 1, provided that monument signs shall not exceed twelve (12) feet in height. Additionally, when the regulations of a sub-area, master plan or special overlay district conflict, unless specifically indicated otherwise, the regulations of the sub-area, master plan or special overlay district shall supersede the height requirements outlined in Table 1. Table 1: Freestanding Signs -Maximum Height Zoning District NB CB GC DC MU BP LI GI REC P/I 4' 25' 25' 15' 12' 25' 25' 25' 4' 15' (3) No portion of a freestanding sign shall be in, or project over, a public right-of-way, and the minimum setback shall be five (5) feet, subject to sight distance review at intersection and driveways. (4) Single-occupancy complexes are allowed one (1) freestanding sign per street frontage. (5) Multi-occupancy complexes are allowed one (1) freestanding sign per access driveway for the complex. However, multi-occupancy complexes with only one access driveway shall be allowed one (1) additional freestanding sign, as long as the freestanding sign advertises a different business or businesses located onsite and can be spaced at least one-hundred fifty (150) feet apart. (6) All pole, or pylon, sign supports shall be enclosed or concealed in accordance with the design criteria outlined in subsection (10) of this section. (7) Pole, or pylon, signs are prohibited in the NB, MU and REC zones. (8) Pole, or pylon, signs are prohibited in the commercial and industrial zones located along the 88th Street NE, 116th Street NE and 156th/152nd Street NE corridors. (9) Pole, or pylon, signs are prohibited on CB zoned properties located adjacent to 64th Street NE (SR 528) and 84th Street NE from approximately 83'd Avenue NE to SR 9. (10) The base of a freestanding sign shall be constructed of landscape materials, such as brick, stucco, stonework, textured wood, tile or textured concrete, and shall be harmonious with the character of the primary structure. This limitation does not apply to structural elements that are an integral part of the overall design such as decorative metal or wood. (11) The color, shape, material, lettering and other architectural details of freestanding signs shall be harmonious with the character of the primary structure. (12) No angle irons, guy wires or braces shall be visible except those that are an integral part of the overall design. (13) One (1) square foot of landscaping is required per one (1) square foot of sign face. Landscaping shall include a decorative combination of ground cover and shrubs to provide seasonal interest in the area surrounding the sign. Landscaping shall be well maintained at all times of the year. The Community Development Director may reduce the landscaping requirement, where the signage incorporates stone, brick, or other decorative materials. 19.20.190 DEVELOPMENT STANDARDS -ELECTRONIC MESSAGE, ANIMATED AND CHANGEABLE COpy SIGNS (1) Changeable copy by non-electronic means may be utilized on any permitted non-temporary sign. (2) Animated signs are prohibited. (3) One (1) electronic message or changeable copy sign is permitted per street frontage for single-occupancy complexes. Multi-occupancy complexes with only one access driveway shall be allowed one (1) additional electronic message or changeable copy sign, as long as the signs are spaced at least 150 feet apart. (4) Electronic message signs are permitted, proVided that the copy does not change more than once every twenty (20) seconds. (5) Electronic message and changeable copy signs shall not exceed thirty (30%) percent of the allowable sign area. (6) All electronic message and changeable copy signs shall be constructed as an integral part of a permanent sign constructed on site. "Integral" shall be considered to mean that the electronic message and changeable copy is incorporated into the framework and architectural design of the permanent sign. (7) All electronic message signs are required to have automatic dimming capability that adjusts the brightness to the ambient light at all times of the day and night. 19.20.200 DEVELOPMENT STANDARDS -INSTRUCTIONAL SIGNS (1) Instructional, or directional signs shall be permitted in addition to all other signs, when they are of such size and location as to satisfy the intended instructional purpose and, based on their size, location, and intended purpose, will not constitute additional advertising. (2) Instructional signs shall not exceed six (6) square feet per sign and may include the name of the business and logos. 19.20.210 DEVELOPMENT STANDARDS -WINDOW SIGNS Window signs are limited to a (1) Permanent window signs shall not exceed twenty-fivemaximum of 25% of window area (25%) percent of the area of a window, and the total area of all window signs, including both permanent and temporary, shall not exceed fifty (50%) percent of the window area. (2) Window signs constructed of neon, stained glass, gold leaf, cut vinyl, and etched glass are allowed. Painted signs shall display the highest level of quality and permanence, as determined by the Communityo Development Director. Painted sign 19.20.220 DEVELOPMENT STANDARDS -BLADE/BRACKET SIGNS Blade/Bracket Signs are allowed for commercial uses, subject to the following criteria: (1) Projection: Blade signs may project up to three (3) feet. Bracket signs shall have one (1) foot minimum between the sign and the outer edge of the marquee, awning, or canopy and between the sign and the bUilding fa<;ade. (2) Clearance: Blade/bracket signs shall maintain a minimum clearance of eight (8) feet between the walkway and the bottom the sign. (3) Dimensions: Blade signs shall not exceed six (6) square feet in area. Bracket signs shall not exceed two (2) feet in height. (4) Mounting: Blade signs must avoid covering or modifying windows or other architectural features. (5) Spacing: There shall be twenty (20) feet minimum separation between blade/bracket signs. (6) Design: The color, shape, material, lettering and other architectural details shall be harmonious with the character of the primary structure. No angle irons, guy wires or braces shall be visible, except those that are an integral part of the overall design. 19.20.230 DEVELOPMENT STANDARDS -GAS STATIONS, CONVENIENCE STORES, CAR WASHES AND SIMILAR USES (1) Signage shall be an integral design element of a project and compatible with the exterior architecture with regard to location, scale, color and lettering. (2) Sign colors and materials shall match those of the building or the "corporate colors." Opaque or muted sign backgrounds with cabinet-type signs are encouraged. (3) No commercial signage shall occupy the pump island area. All instructional signs shall be architecturally integrated. (4) Gasoline price signs shall be architecturally integrated with other signs or structures. 19.20.240 DEVELOPMENT STANDARDS -TEMPORARY AND SPECIAL EVENT SIGNS (1) Construction signs. Construction signs, which identify the architects, engineers, contractors or other individuals or firms involved with the construction of a building and announce the character of the building or the purpose for which the building is intended, are permitted subject to the following criteria: (a) Such signs may be displayed only after a building permit is obtained and during the period of construction on the construction site. (b) Only one (1) sign is permitted per street frontage. (c) No construction sign shall exceed thirty-two (32) square feet per face. (d) No construction sign shall exceed twelve (12) feet in height. (e) Construction signs shall be setback a minimum of ten (10) feet from an interior property line. (f) Construction signs shall be removed by the date of first occupancy of the premises or upon expiration of the building permit, whichever first occurs. (2) Grand opening displays. Temporary signs, posters, banners, strings of lights, clusters of flags, balloons, searchlights and beacons are permitted for a period not to exceed sixty (60) days per calendar year to announce the opening of a completely new enterprise or the opening of an enterprise under new ownership. All such signs and materials shall be located on the premises being advertised and shall be completely removed immediately upon expiration of said sixty (60) day period. (3) Special Sales and Events. Temporary signs, posters, banners, strings of lights, clusters of flags, balloons, searchlights and beacons are permitted for the limited purpose of announcing a retail sale or special event in business or commercial zones, but not on a routine basis. All such advertising material shall be located on the premises being advertised and shall be removed immediately upon expiration of said special sale or event. (4) Quitting Business Sales. Temporary signs, posters and banners are permitted for a period of ninety (90) continuous days for the purpose of advertising quitting business sales, liquidation sales, or other events of a similar nature, which are authorized pursuant to Chapter 5.52 MMC, Closing-out and Special Sales. All such signs shall be located on the premises being advertised and shall be removed immediately upon expiration of the ninety (90) day period or conclusion of the sale, whichever first occurs. (5) On-premises Commercial or Real estate signs. All exterior real estate signs must be of a durable material. Only the following real estate signs are permitted: (a) Residential For Sale or Rent Signs. Signs advertising residential property for sale or rent shall be limited to one (1) single-faced or double-faced sign per street frontage. Such signs shall not exceed four (4) square feet per face and must be placed wholly on the subject property. Such signs may remain up for one (1) year or until the property is sold or rented, whichever first occurs. A sold sign may remain up for ten (10) days after the occupancy of the residential property. (b) Commercial or Industrial for Sale or for Rent Signs. Signs advertising commercial or industrial property for sale or rent shall be limited to one (1) single-faced or double-faced sign per street frontage. Signs may be displayed while the property is actually for sale or rent. The signs shall not exceed thirty-two (32) square feet per face. If freestanding, the signs shall not exceed twelve (12) feet in height and shall be located a minimum of ten (10) feet from any abutting interior property line and wholly on the property for sale or rent. (c) Subdivision signs. Signs advertising residential subdivisions shall be limited to one (1) single-faced or double-faced sign per street frontage. Such signs shall not exceed thirty­ two (32) square feet per face and shall not exceed twelve (12) feet in height. They shall be setback a minimum of ten (10) feet from any abutting interior property line and shall be wholly on the property being subdivided and sold. (6) Portable Commercial or Real Estate Signs. Temporary signs advertising business locations or the sale or lease of commercial or residential premises are permitted only as follows: (a) Number: The number of temporary portable commercial, real estate, and construction signs allowed shall be as follows, provided that nothing herein shall be construed as authorizing the display of signs otherwise prohibited under applicable provisions of this code: (i) For any business or real estate unit located in the NB, CB, GC, DC, MU, BP, LI, GI, REC, P/I, WR-MU or WR-CB zoning districts, no more than one (1) temporary portable commercial or real estate sign shall be allowed for each business location or real estate unit offered for sale or lease, provided, that a maximum of one (1) temporary portable sign shall be allowed for any multi-unit complex notwithstanding the number of rental or dwelling units therein currently available for sale or lease, subject to the following location criteria: (A) Location: Temporary portable commercial or real estate signs shall be located within twelve (12) feet of the applicable building entrance and maintain at least eight (8) feet of horizontal clearance on the sidewalk for pedestrian movement. (ii) For any business or real estate unit located in the R-4.5, R-6.5, R-8, R-12, R-18, R­ 28, WR-R4-8 or WR-R6-18 zoning districts, no limit established on the number of allowed signs, but signs may only be placed at turning/decision points within the public right-of-way, and only one (1) each at each such location. (b) Size: Commercial and real estate temporary portable signs shall not exceed ten (10) square feet per sign face, and no such sign shall contain more than two (2) sign faces. Commercial and real estate temporary portable signs shall not exceed six (6) feet in height, measured from the pre-existing ground level to the top of the sign. (c) Location: No temporary portable commercial or real estate sign shall be located within vehicle lanes, bikeways, trails, sidewalks or median strips. No temporary portable commercial or real estate sign shall block driveways or be affixed to utility poles, fences, trees or traffic signs. No temporary portable commercial or real estate sign shall be strung between trees. (d) Festoons Prohibited: The use of balloons, festoons, flags, pennants, lights or any other attached display on a commercial or real estate temporary portable sign is prohibited. (e) Animation Prohibited: No commercial or real estate temporary portable sign shall be displayed while being rotated, waved, or otherwise in motion. (f) Duration: Commercial temporary portable signs may be displayed only during daylight hours and when the commercial establishment to which they relate is open for business. Real estate temporary portable signs may be displayed only during daylight hours and when the real estate to which they relate is the subject of an open house or when a complex manager is available to show the unit. (7) Political signs. A sign which exclusively and solely advertises a candidate or candidate's public elective office, a political parity, or promotes a position on a public, social, or ballot issue may be displayed in accordance with the following restrictions: (a) On-Premises Signs: On-premises political signs located at the headquarters of a political party, candidate for public elective office, or a public issue decided by ballot are permitted. All on-premises political signs shall comply with the dimensional and location requirements of the zoning district in which it is located. (b) Off-Premises Signs: Permits for political signs are not required. (i) Location: Political signs may not be placed on private property without the permission of the property owner. In parking strips and public rights-of-way where the placement of a political sign may be fairly attributed to a neighboring property owner, permission of that owner must first be obtained prior to placement. Political signs may not be located so as to impede driver vision or represent an obstruction or hazard to vehicular or pedestrian traffic. (ii) Prohibited on Public Property: It is unlawful for any person to paste, paint, affix or fasten any political sign on a utility pole or on any public building or structure. No political sign placed within the public right-of-way shall create a safety hazard for pedestrians or motorists, as determined by the Police Chief and/or City Engineer. (iii) Time Limitations: Political signs advertising a candidate for election or promoting a position on a ballot issue shall be removed within seven (7) days following an election. (iv) Responsibility for Compliance: The persons(s) placing the political sign and the political candidate and/or campaign director shall be jointly responsible for compliance with this section. (8) Land Use Action Notice. Where reqUired pursuant to Title 15 MMC, public notice signs which describe proposed land use actions and public hearing dates are permitted. (9) Signs on Kiosks. Temporary signs on kiosks are permitted but the signs shall not exceed four (4) square feet in area. (10) Temporary Uses and Secondary Uses of Schools, Churches, or Community Buildings. Temporary signs relating directly to allowed temporary uses under the City's development regulations and secondary uses of schools, churches, or community buildings may be permitted for a period not to exceed the operation of the use, subject to the following requirements: (a) Signs must be portable in nature. (b) No more than one (1) on-premises sign and one (1) off-premises sign shall be permitted per temporary use. (c) No sign shall exceed ten (10) square feet per sign face. (d) Maximum sign height shall be six (6) feet measured from the pre-existing ground level to the top of the sign. (e) Signs shall not be portable readerboard types, electrical or neon. Only indirect lighting is allowed. (f) A-board or sandwich signs may be used in compliance with this subsection provided they are used only during the days the temporary or secondary use occurs and are removed after the use ceases for each day. (g) Signs shall be secured with an approved tie-down. (h) Signs shall be approved by the Community Development Director before they are used. If a temporary use permit is required, this review shall take place as part of the temporary use application decision. (11) Alcohol Advertising. Alcohol advertising shall comply with the provisions outlined in Chapter 314-52 WAC Advertising, as amended. (12) Any temporary sign not otherwise provided for under subsections (1) through (11) above shall comply with the development standards outlined in this Chapter. (13) Removal. The Community Development Director or designee may immediately remove and dispose of unlawful temporary and special event signs at the expense of the person identified on such signs and/or the owner of the property on which said signs are located. 19.20.250 NONCONFORMING SIGNS (1) All existing signs in the city that were legally permitted and are not in compliance with the requirements of this chapter upon the effective date of the ordinance codified in this title are considered nonconforming signs. Nonconforming signs shall be made to conform with the requirements of this chapter under the following circumstances: (a) When any new sign for which a sign permit is required by this chapter is proposed to be installed on a premises upon which is located a nonconforming sign or signs, one nonconforming sign shall be removed or brought into conformance with this section for each new sign installed for a particular business. In no case shall an applicant be permitted signage that exceeds the maximum signage allowed in this chapter. (b) A sign is relocated, altered, replaced, or changed in any way, including the sign structure. This prOVision does not include a change in the face of the sign or advertising copy. (c) A sign requires repairs beyond normal maintenance. (d) Whenever the occupancy classification of a building is changed that results in an intensification of land use, as determined by the Community Development Director. (2) Normal maintenance such as cleaning, painting, light bulb replacement, or repair of broken placards, without any change in copy, is allowed so long as the repairs do not modify the sign structure or copy, or in any way structurally alter the sign. "Normal maintenance" does not include any of the items contained in subsection (1) of this section. (3) All Temporary and Special Events signs that do not conform to the reqUirements of Section 19.20.240 MMC shall be removed within six (6) months of the effective date of this title or, if located within an area being annexed to the city, within six (6) months of the effective date of annexation, whichever is later. 19.20.260 AMORTIZATION FOR BILLBOARD SIGNS (1) Compliance: Any legal nonconforming billboard sign located within the corporate limits of the city shall be discontinued and removed from the property pursuant to this section no later than three (3) years from the date of adoption by ordinance. (2) Notice: The city will provide written notice of the expiration of the amortization period, as noted above, to the person, resident, or business responsible for such sign(s) at the last known address and to the owner of the property on which the sign is located. The city will utilize the tax assessor's office to find the latest, updated address for the property owner(s) in question. Such notice will be prOVided by mail, postmarked no later than nine (9) months prior to expiration of the amortization period. (3) Request for Consideration/Extension: The city has established the time period stated in subsection (1) of this section with the understanding that these time periods provide a reasonable time to recover the life expectancy of most signs. However, the city recognizes that there can be special or unusual circumstances that may fall outside of those parameters. (a) Any person aggrieved by the imposition of the amortization clause may request review of the clause. The request for review shall be filed with the city not later than six (6) months prior to the expiration of the amortization period. The review shall be heard by the Hearing Examiner. A fee will be charged based on the processing costs as provided in Title 15 MMC. (b) The aggrieved applicant has the burden of establishing the unreasonableness of the amortization period and must provide substantial evidence showing that the amortization period is unreasonable. (c) The Hearing Examiner shall consider such things as lease obligations, remaining period of life expectancy of the nonconformance, depreciation, and the actual amount invested in the nonconforming sign. (d) The Hearing Examiner shall consider the preservation and improvement of the city's physical environment, natural amenities, and desirable characteristics of the city as asserted in the purpose of the city's land use regulations as well as the goals and policies adopted in the city's comprehensive plan. The Hearing Examiner may consider any combination of these legitimate public concerns. (e) The Hearing Examiner shall conduct a balancing of interest, considering the interest and hardship as to the applicant, and whether the hardship to the applicant reasonably overbalances the benefit that the public would derive from the termination of the nonconformance. If, after careful consideration, the Hearing Examiner determines that the amortization period, as applied to the applicant's nonconformance, would result in a greater hardship to the applicant than benefit to the public, the Hearing Examiner may extend the amortization period to a point in time when the balancing of interest would support the termination of the nonconformance. In no event should this amortization period be greater than three (3) additional years. (4) Annexations: Any legal nonconforming billboard on property annexed into the city at a later date shall be discontinued and removed within three (3) years of the annexation or according to the annexation agreement established at the time of annexation. A three (3) year time extension may be approved by the Hearing Examiner, subject to the provisions contained in subsection (3) of this section. 19.20.270 BONUS ALLOWANCE FOR OUTSTANDING DESIGN (1) Purpose: A maximum fifty (50%) percent sign area bonus and a maximum twenty-five (25%) percent height bonus shall be allowed under any of the following circumstances: (a) There are exceptional circumstances or conditions, such as location of existing structures, lot configuration, topographic or unique physical features, that apply to the subject property which prohibit sign visibility. (b) New developments greater than ten (10) acres in size that wish to consolidate the allowable signage. A minimum of two (2) signs will be required to be consolidated for a bonus consideration. (c) Contiguous properties sharing the same street frontage that wish to consolidate allowable signage. A minimum of two (2) signs will be required to be consolidated for a bonus consideration. (2) Procedures: A request for a bonus allowance may be granted by the Community Development Director subject to the approval criteria outlined in section (3) of this subsection. Appeal or request for reconsideration of the Director's decision shall be made to the Hearing Examiner as an open record hearing in accordance with Title 15 MMC. (3) Approval Criteria: A bonus will be approved, if the Community Development Director finds that the criteria below are met: (a) The adjustment will not significantly increase or lead to street level sign clutter, to signs adversely dominating the visual image of the area, or to a sign that will be inconsistent with the objectives of a sub-area master plan or special overlay district. (b) The adjustment will not create a traffic or safety hazard. (c) The adjustment will allow a unique sign of exceptional design or style that will: (i) Achieve a positive and tasteful image; (ii) Have good legibility; (iii) Exhibit technical competence and quality in design, construction, and durability, and have standard details uncluttered by wires, angles, or other elements that detract from the appearance; (iv) Relate to architectural features rather than obscure or disregard building planes; (v) Present a harmonious relationship to other graphics and street furniture in the vicinity; (Vi) Be of a size that is in scale with the setting, building, or structure where located; and (vii) Avoid glare. (4) Application Requirements: An applicant requesting a bonus allowance under the provisions of this chapter shall submit the following: (a) A letter in memorandum form outlining how the request is consistent with the criteria of this subsection. (b) A site plan that is accurately drawn to an engineered scale that includes the following information: (i) Boundaries and dimensions of the site; (ii) Location of buildings, parking areas and adjacent streets; (iii) Graphic representations of all existing signs including their size, height and placement on the site; (iv) Graphic representation of the proposed sign(s) subject to the request; and (v) Building elevation showing the placement of the sign on that elevation, if applicable. (5) Timing: The Community Development Director or designee shall render a written decision on the requested bonus for outstanding design within ten (10) business days of submittal of all required elements and filing fee. (6) Variance Required: Requests that exceed the fifty (50%) percent sign area bonus and twenty-five (25%) percent height bonus, those that do not comply with the purpose outlined in subsection (1) of this section, or those not related to allowable sign height or sign area shall be processed as a variance in accordance with Section 19.20.280 MMC. 19.20.280 VARIANCES Any person may apply for a variance from the requirements of this Chapter. Sign variances shall be processed by the Hearing Examiner pursuant to the procedure set forth in Chapter 2.70 MMC. Variance applications shall be processed pursuant to the review procedures outlined in Title 15 MMC. A fee will be charged based on processing costs as provided for in Chapter 15.12 MMC. In making any decision on a variance application, the permit authority must adopt findings of fact and conclusions based on those findings that address whether or not the application meets the following criteria for approval: (1) The variance does not conflict with the purpose and intent of the sign regulations; (2) The variance shall not constitute a grant of special privilege inconsistent with the limitation upon signage of other properties that have had to conform to the provisions of this chapter; (3) There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that are not contemplated or provided for by this chapter; (4) The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and (5) The granting of such variance would not increase the number of signs allowed by this chapter or that would allow a type of sign that is prohibited by this chapter. Conditions may be imposed upon the application as deemed necessary to ensure compatibility with this chapter. 19.20.290 SUBSTITUTION Notwithstanding anything in this Chapter to the contrary, noncommercial copy expressing a personal, political, or religious point of view may be substituted for commercial copy on any lawful sign structure.