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Ordinance 12-013 amends sign regulations CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-013 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SECTIONS OF SPOKANE VALLEY MUNICIPAL CODE 22.110 SIGN REGULATIONS,AND OTHER MATTERS RELATED THERETO. WHEREAS, the City of Spokane Valley (City) adopted Spokane Valley Municipal Code Title 22 (SVMC)pursuant to Ordinance 07-015,on September 25,2007; and WHEREAS, Chapter 22.110 Sign Regulations of the Municipal Code (SVMC) became effective October 28, 2007; and WHEREAS, such regulations and amendments thereto are authorized by RCW 35A.63 and RCW 36.70A; and WHEREAS, the Council finds that the amendments to Chapter 22.110 Sign Regulations of the SVMC set forth below are consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, the Council finds the amendments to Chapter 22.110 set forth below maintain the health, safety, and welfare of the general public; and WHEREAS, after reviewing the Environmental Checklists, the City issued a Determination of Non- significance (DNS) for the proposals, published the DNS in the Valley News Herald, posted the DNS at City Hall, and mailed the DNS to all affected public agencies; and WHEREAS, the City provided a copy of the proposed amendment to Washington State Department of Commerce(DOC)initiating a 60-day comment period pursuant to RCW 36.70A.106; and WHEREAS, SVMC 22.110 as amended, bears a substantial relation to the public health, safety and welfare and protection of the environment; and WHEREAS,on January 12, 2012, the Planning Commission reviewed the proposed amendments;and WHEREAS, On January 26, 2012, the Commission held a public hearing and received evidence, information,public testimony and a staff report with a recommendation; and WHEREAS, On February 9, 2012, the Commission continued the public hearing and received evidence, information, public testimony, a staff report with a recommendation and deliberated;and WHEREAS,On February 9, 2012,the Commission deliberated and provided a recommendation; and WHEREAS,On February 23, 2012,the Commission approved the findings and recommendation; and WHEREAS,on March 27, 2012, Council reviewed the proposed amendments; and WHEREAS, on April 10, 2012, Council considered a first ordinance reading to adopt the proposed amendment and found good cause to modify the proposed amendments. NOW THEREFORE, THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW: Ordinance 12-013 Page 1 of 8 Section One: SVMC 22.110 is amended as follows: 22.110.020 Prohibited signs. The following signs are prohibited: A. Signs which by coloring, shape,wording or location resemble or conflict with traffic control signs or devices; B. Signs that create a safety hazard for pedestrian or vehicular traffic; C.Flashing signs; D.Portable signs; except A-frame signs specifically allowed pursuant to 22,110.050.1. E. Signs located within the public right-of-way, except official signs and except bus benches placed pursuant to an agreement with the City; F. Signs attached to or placed on a vehicle or trailer parked on public or private property; provided,that this provision shall not be construed as prohibiting the identification of a business or its product on a vehicle operating during the normal course of business; G. Signs obstructing visibility within any clearview triangle as established in Chapter 22.70 SVMC; H. Billboards except when permitted as provided in SVMC 22.110.130; 1. Off-premises signs,except off-premise directional signs allowed pursuant to section 22.110.040.D; J. Temporaty signs unless specifically allowed pursuant to SVMC 22.110.050; K.Abandoned signs and sign structures.(Ord. 07-015 § 4,2007). 22.110.030 Permit required. A. Other than for those uses listed in subsection B of this section, a sign permit is required for all allowed permanent signs,temporary signs,unless otherwise specified, and billboards. B.Permits are not required for on-premises official signs; seasonal decorations;merchandise displays; point-of-purchase advertising displays;national and state flags; flags of a political subdivision;notice signs,pennants and streamers without advertising copy; symbolic flags of nonprofit institutions dedicated to public service; legal notices required by law; barber poles;historic site designations;commemorative monuments/plaques; gravestones; advertising copy affixed to phone booths; donation and recycling containers; Iettering or symbols applied directly onto or flush-mounted magnetically to a motor vehicle operating in the normal course of business; political signs supporting political issues,candidates or ballot measures; replacement of copy on signs otherwise permitted;name plates with less than four square feet of copy area; directional signs with less than four square feet of copy area; and murals containing no copy. C. Permit applications shall include a site plan that provides the following information: 1. The location of the affected lot,building(s)and sign(s); 2. The scale of the site plan; Ordinance 12-013 Page 2 of 8 3.A scaled drawing of the proposed sign or sign revision, including size,height, copy, structural footing details,method of attachment and illumination; 4. The location of all existing signs on the site including size and height; 5.For signs subject to spacing regulations,the location of neighboring signs on adjacent properties; 6.Approved sign plan,if applicable; and 7.Tax parcel number where proposed sign will be located. (Ord. 09-010 § 1,2009; Ord. 07-015 § 4,2007). 22.110.040 Number,general regulations for permitted permanent signs. A.Permitted permanent signs shall comply with the requirements of Table 22.110-1.No more than the maximum numbers of either freestanding pole signs or monument sign structures are allowed per parcel. Table 22.110-1—Location,Height and Copy Area Requirements Maximum Laud Use Zoning District A: 'oo Z'S .ea Additional Provisions f%) .� 4 bA et pin a. a o z U U . Uri v a Att shed Wall S grl_s M .. � r4� Multifamily Complex All Zones * * * * * * Y 1 sign up to 20 sq.ft. Institutional' Residential * * * n/a n/a n/a Y *25%of wall area Zones Residential Single Business 1 n/a 60 n/a n/a n/a Y All Mixed Use Nonresidential and * n/a * n/a n/a n/a Y *25%of wall area per Nonresidential building Zones Freestanding Signs: Subdivision/Area Name/Multifamily All Zones 1* 10 32 n/a n/a n/a Y 1 per 200 ft.of street Complex/Institutional I frontage and 1 for each additional 200 ft.or fraction Single Business Neighborhood 1 20 100 n/a n/a 5 Y thereof in non-residential Multi-Business Business(NC) zones. Additional signs Complex Zones 1* 20 n/a 100 n/a 5 Y allowed on a multi-business Ordinance 12-013 Page 3 of 8 Table 22.110-1—Location,Height and Copy Area Requirements Maximum a , Land Use Zoning District c c d Additional Provisions W rf 4ao , E A as r m E ac Z pq U U F; U in p� Single Business Mixed Use and 1* 30 n/a 100 200 5 y complex site may all be 'Nonresidential free-standing; additional Multi-Business Zones(except signs allowed on a single Complex NC) ( p 1* 40 250 n/a n/a 5 Y business parcel shall be monument signs Nonresidential All Freeway* Nonresidential 1 50 250 n/a n/a 5 Y *Adjacent to I-90 only Zones onument igns= r r- . Subdivision/Area Name/Multifamily All Zones 1 10 32 n/a n/a Y Complex/Institutional *Per street frontage Single Business Neighborhood 1* 7 75 n/a n/a 5 Y Multi-Business Business(NC) Complex Zones 2* 7 90 n/a ii/a 5 Y Single Business All Mixed Use 2* 7 90 n/a n/a 5 Y and *Per street frontage Multi-Business Nonresidential 2* 7 150 Ilia n/a 5 Y Complex Zones ther igns _.fe. . , Directional All Zones n/a n/a 4 n/a n/a n/a N Name Plates All Zones 1 n/a 4 n/a n/a n/a N 1 Institutional includes nonprofit,religious or public uses,such as a church,library,public or pr private school,hospital,or government owned or operated building,structure,or land used for public purposes Page 4 of 8 Ordinance 12-013 B, In addition to the permanent signs allowed pursuant to Table 22.110-1, a single decorative emblem (or standard) constructed of durable vinyl with a thickness of not less than 13 mis for every 50 feet of frontage shall be allowed. The lowest horizontal member of the bracket shall be located at a height of not less than seven feet above the adjacent grade. C. Where three or more single businesses agree to share a single sign structure, an additional 20 percent of copy area shall be allowed up to a maximum of 250 square feet. (Ord. 09-010 § 1, 2009; Ord. 07-015 § 4, 2007). D. Off-Premises Directional Signs. It is the intent of this section to allow the limited placement of off-premises directional signs by co-locating on an existing conforming monument sign, freestanding sign, or building wall. The business locating on an existing sign must conform to the following criteria: 1. The business must be located on a private easement or local access street; 2. The business and proposed sign must be located in a commercial, office or mixed zone area; 3. Text shall be limited to the business name, logo, and a directional arrow and may include certain advancing language as "next right"; 4. The sign must be located on the nearest collector or arterial. If a business has double frontage, staff will review this unique situation to determine if two directional signs are warranted; 5. Sign area is limited to fifteen square feet; this shall not be construed to allow the on- premises sign to increase its sign area; and 6, If the business using an off-premises directional sign leaves its location, the business must remove the sign within sixty days. 7. If the site has no existing signage or buildings, then a freestanding sign meeting the requirements above may be allowed. 22.110.050 Permitted temporary signs. Except as otherwise described under this section, no permit is necessary for temporary signs. Temporary signs are not allowed to continually advertise goods, services or events on a site; permanent signs shall be used for that purpose. A. A temporary sign advertising a special event, sale, promotion, opening of a new business or opening of a business under new management may be displayed and must be removed at end of use, event or condition. B. Number of Temporary Signs—No more than one(1) such sign shall be allowed at any one time for a use, except as permitted below. C. Signage shall be limited to 32 square feet in size. D. All temporary signs must be made of durable materials and shall be well maintained. Signs are not well maintained if they are frayed, torn, or broken, or the legibility thereof has materially deteriorated. Unmaintained signs will be required to be removed. E. Banner signs must be attached to the façade, wall or window of the building which includes the business which they advertise; Ordinance 12-013 Page 5 of 8 li F. Additional banners or temporary signs advertising a special event, sale,promotion, opening of a new business or a business under new management are allowed by temporary permit for a period of time not to exceed sixty days a maximum of two times in any calendar year. G. Pennants, balloons, and streamers may be displayed in conjunction with the special event signage allowed in section F above, but must be removed at the conclusion of the event or within sixty consecutive days. H. Temporary signs shall not endanger the public safety and shall be removed or relocated if the building official determines that a sign is unsafe. I. A-frame Signs: Business will be allowed a maximum of one sandwich board or A-frame sign. These signs are in addition to other temporary signs allowed through sections A—H,and are subject to the following conditions: 1. Size: The area of the sign shall not exceed nine square feet per side in size and shall not exceed three feet in any dimension. 2. Maintenance Standards: Signs shall be constructed out of materials able to withstand extreme weather conditions. Such materials may be metal, finished wood, chalkboard, whiteboard or plastic. Signs and copy should be of professional quality. Permanent lettering for the business name and logo are required on the Sandwich boards. Owners of sandwich board signs shall be required to keep their signs in an intact, reasonably legible, and well maintained manner. Sandwich boards are not well maintained if any part thereof is broken; letters or graphics are completely or partially missing or obstructed; or the legibility thereof has materially deteriorated. 3. Display Time: Signs may only be displayed during business hours. If business hours continue past daylight hours, precautions should be taken to place the sign in a lighted area. This shall not be construed to allow the wiring of a sign for lighting. 4. Location: Signs shall not be placed in a location which is within the clearview triangle, as defined in section 22.070.020.C, or any other location which will impede vehicular traffic. Further, such signs shall not be placed in a manner which will block or otherwise obstruct the safe use of sidewalks, building entrances or stairs by pedestrians. J. Temporary on-premises commercial signs are allowed without permit when posted in conjunction with the alteration, construction, sale or lease of real property. Such signs shall not exceed 16 square feet in copy area or seven feet in height. All such signs shall be affixed to either the ground or a permanent structure by rope, wire, or a mechanical device K. Open House/Directional Signage - A-frame signs may be used as open house/directional signs and shall be allowed on each access street to the property. Signs shall be placed so as not to interfere with vehicular or pedestrian traffic, shall be used only when the property is open for inspection, shall be unlit, and shall be limited in size to 5 square feet and limited in height to 3 feet above grade. (Ord. 07-015 § 4, 2007). Ordinance 12-013 Page 6 of 8 22.110.060 General provisions applicable to all signs. A. All signs illuminated with exterior lighting shall have lighting confined to the sign, and positioned and shielded to minimize impacts to the surrounding area(s). Gooseneck reflectors and lights are permitted on permanent freestanding and wall signs; provided,that lighting or glare does not extend beyond the property line. B. Electronic signs shall be permitted on the same basis as other signs, subject to the requirements of Table 22.110-1. All electronic message center's (EMC's) are required to have automatic dimming capability that adjusts the brightness to the ambient light at all times of the day and night. Written documentation that the EMC is equipped with the automatic dimming device shall be submitted with the sign permit application. C. A roof-mounted sign may be substituted for an allowed freestanding sign;provided, that the height of the sign structure may not exceed the maximum height requirements of the zoning district in which the sign is located. D. Signs located within the airport hazard area shall conform to the location and height regulations set forth in SVMC 19.110.030, Airport Hazard Overlay zone, E.No sign shall be erected, relocated or maintained in a manner that prevents the free ingress or egress from any door, window or fire escape. F. No sign shall be attached to a standpipe or fire escape except official signs. G. Any sign erected or maintained within five feet of public rights-of-way shall be smooth and free of nails, tacks and wires. H, All signs shall be maintained in good repair pursuant to SVMC 22.110.110. I. No sign shall block the view of fire protection equipment from approach. (Ord. 07-015 § 4, 2007). Section Two: All other provisions of SVMC 22.110 not specifically referenced hereto shall remain in full force and effect. Section Three: 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, clause, or phrase of this Ordinance. Section Four: Effective Date. This Ordinance shall be in full force and effect five (5) days after the publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided by law. Ordinance 12-013 Page 7 of 8 Passed by the City Council this 24th day of April, 2012. if 1 Ma`yor, Thomas E. Towey ---k-._ ATTE /s, 'I; (/'4 1,, City Clerk, Christine Bainbridg:' —.. Approved as to Form: C7-.Y..1,--A P /6,A),/, Office of t i.e City Attorney Date of Publication: 5- `/ - () , Effective Date: ' - ,261/1, Ordhiance 12-013 Page 8 of 8