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HomeMy WebLinkAboutOrdinances - 2011-03 - Amend EWMC Subsections A, B, & C, of Chapter 17.74.080 relating to signage - 4/26/2011CITY OF EAST WENATCHEE,WASHINGTON ORDINANCE NO.2011-03 AN ORDINANCE OF THE CITY OF EAST WENATCHEE, WASHINGTON,AMENDING ONLY SUBSECTIONS A B. AND C.OF EAST WENATCHEE MUNICIPAL CODE SECTION 17.74.080 RELATING TO SIGNAGE IN RESIDENTIAL AND COMMERCIAL ZONING DISTRICTS, CONTAINING A SEVERABILITY CLAUSE,AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: Section 1:Purpose. (1)The purpose 0 f this ordinance is to clarifY the use of freestanding and monument signage and to increase the signage allowed for multi-tenant buildings and complexes to make be more consistent with the provisions for single business properties. Section 2:Authority. (1)The City of East Wenatchee ("City")is a non-charter code city duly incorporated and operating under the laws ofthe State of Washington. (2)RCW 35A11.020 and RCW 35A12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good governance ofthe City. (3)RCW 35A63 and RCW 36.70A authorize the City Council to adopt and amend development regulations. Section 3:Amendment.The City Council amends only subsections A,B.,and C.ofEWMC 17.74.080 to read as follows: 17.74.080 District regulations. This section shall apply to all zoning districts,special uses,planned developments, and conditional uses designated in this title. A R-Land R-M Zoning Districts. 1.Address numbers on individual homes or building complexes shall be three inches in height or larger and shall be visible from the street. 2.Nonconforming Uses and Those Uses Permitted by Conditional Use Permit (Except Home Occupations). a.Each use is permitted one monument or freestanding sign having a maximum sign area of 20 square feet.The sign structure together with the sign shall not exceed a height of 48 inches,provided the location of the sign complies with the provisions of Chapter 10.28 EWMC for visibility at intersections.One additional monument or freestanding sign is permitted if there is more than one primary entrance located on an adjacent street. Ordinance 2011-03 Sign Code Amendments Page 1 of8 b.One flush-mounted wall sign having a maximum sign area of eight square feet.In lieu of a monument or freestanding sign,the attached sign may be increased in area to the total square footage of the monument or freestanding sign plus the square footage of the attached sign for a total of 16 square feet. 3.Home Occupations.Signs relating to home occupations shall be an unlighted,flush-mounted wall sign and shall not exceed eight square feet in area.For home occupations that are located in a manner that does not permit visibility of a wall-mounted sign from the street,a monument or freestanding sign not exceeding four square feet in area and located on the property housing the home occupation or an access easement providing access to the property may be permitted.The total height of the sign shall not exceed three and one- half feet above the grade of the surface of the ground or driveway and shall be placed in a manner that does not impede vehicular access to the property. 4.Rentals.One unlighted sign indicating the renting of rooms,apartments or other dwellings.The sign shall not exceed 16 square feet in area and shall be placed flat against the building. 5.Residential Subdivisions,Short Subdivisions,Multifamily Developments, Manufactured Housing Complexes or Mobile Home Parks,and Planned Residential Developments.Decorative subdivision or area name signs of a permanent character at the street entrance or entrances to the housing development which identifY the development shall be permitted,subject to the following conditions: a.One monument sign may be permitted per entrance from an access street to the property,provided the sign does not exceed 20 square feet and is 48 inches or less in height,provided,the location of the sign complies with the provisions of Chapter 10.28 EWMC for visibility at intersections, or as approved by the city at the time of preliminary subdivision approval. b.The sign shall be located in a maintained landscaped area in accordance with EWMC 17.72.060,General landscaping,as amended. c.The sign shall be indirectly illuminated and shall be shielded to prevent glare visible from public rights-of-way and neighboring properties; no internal illumination is permitted. B.R-H District.In addition to the signage permitted in R-L and R-M Zoning Districts,the following standards apply to general or professional offices for uses established under EWMC l7.32.020(D), 1.General or Professional Offices for Uses Established Under E'NMC 17.32.020(D),Single Occupancy Office,Business or Building.One monument or freestanding sign.Pole mounted freestanding signs shall not be permitted. The freestanding or monument sign shall not exceed a maximum area of 20 square feet or exceed a height of 48 inches;provided,the location of the sign Ordinance 20 II-Oj Sign Code Amendments Page 2 of8 complies with the prOVISIons of Chapter 10.28 EWMC for visibility at intersections.Signs shall be unlighted if located along a residential street other than an arterial.The sign may be illuminated when located on an arterial street frontage;and a.One attached sign,unlighted or with low intensity lighting,placed flat against the wall of the main building,having a surface area not greater than 32 square feet,is pennitted.In lieu of a monument sign the attached sign may be increased in area to the total square footage of the monument sign plus the square footage of the attached sign for a total of 52 square feet. 2.Multi-Tenant Complex.One freestanding or monument business or park identification sign not exceeding 40 square feet,nor exceeding a height of 48 inches,provided the location of the sign complies with the provisions of Chapter 10.28 EWMC for visibility at intersections,except where enumerated elsewhere in this title.Individual occupancies or buildings are not permitted a separate freestanding or monument sign.The sign may be illuminated when located on an arterial street frontage. a.One additional freestanding or monument sign is permitted per parallel,or nearly parallel,arterial or collector street as determined by the director ifall of the following conditions exist: (i)the premises extends through a block to face on has frontage on two or more arterial or collector streets;and (ii)vehicular access is provided to the property from that street;and (iii)the signs are separated by more than 100 feet as measured horizontally,and (iv)pfOyided the additional sign is not located on a street abutting an R- L district. {v-)b_._In lieu of erecting the second freestanding or monument sign (as provided for in subsection a.above this section),the officelbusiness may elect to use only one freestanding or monument sign yisible from both streets and may increase the sign size to 60 square feet;and l:L-One wall identification sign not exceeding an area of32 square feet shall be permitted for each principal building or occupancy.Identification signs shall be attached flat against the building and shall not project above the eaves of the root:the top of the parapet,beyond the eave lines,or beyond the outer limits of the wall. e.Commercial or Industrial Districts 1.Single business or building: a.One freestanding sign for each lot.The sign shall not exceed a maximum area of 50 square feet,nor exceed a height of26 feet. Additionally,a parcel with more than 50 lineal feet of frontage on anyone street may increase the maximum size of the freestanding sign located on Ordinance 2011-0.3 Sign Code Amendments Page 3 of8 that street frontage,by one square foot for each one lineal foot of street frontage over 50 feet,to a maximum sign copy area of 120 square feet. Signs may be internally or externally illuminated.Ifextemal illumination is used,said lighting shall be shielded or directed sueh that glare Hom the light saUTee is not visible to pedestrian:or '/ehicle traffie and shall not eause glare into any residential zoning district. b.Wall or canopy signage per building side shall be permitted for each principle building or occupancy based upon the provisions of Table 17.74.080A.Wall signs other than canopy or awning style signs shall be attached flat against the building and shall not project above the eaves of the roof or the top ofthe parapet or beyond the eave lines or beyond the outer limits ofthe wall. 2.Multi-tenant complex,including commercial or industrial land uses: a.Free-standing signs: .ill.-One free-standing sign not exceeding 80 square feet in area,nor exceeding a height of26 feet.Additionally,if the parcel has more than 100 feet of frontage on any street providing vehicular access to the customer parking for the complex,the sign located on that street frontage may be increased by 1 square foot for each 1 foot of lineal frontage over 100 feet to a maximum sign area of 200 square feet. ililJffour or more buildings,offices or business are proposed,the freestanding sign may be increased by ten-1 0 square feet for each business,however,the total sign area shall not exceed 300 square feet. ,-:..~All tenants in mMulti-tenant complexes shall utilize the multiple business freestanding signage.Individual occupants or buildings in the complex are not permitted separate freestanding signs. b.Wall signage per building side shall be permitted for each principle building or occupancy based upon the provisions of Table 17.74.080A. c.Unused wall signage area may be used by any enterprise within the same multi-tenant complex,if: (i)The applicant files with the city a written statement signed by the enterprise that earned the sign area under this code permitting the applicant to utilize the unused sign surface area.The statement shall be in the form of a recordable document that will be recorded by the Douglas County Auditor at the sole expense of the applicant.The agreement shall indemnifY and hold harmless the City of East Wenatchee and include a provision restricting the revocation of the permission without the written consent of the city. (ii)The display of a sign on the wall by the applicant will not create a significant adverse impact on other users of that wall area. (iii)The display of the applicant's sign is necessary to reasonably identifY the enterprise,and the provisions ofthis code do not provide the enterprise with adequate sign display options. Ordinance 2011-0~ Sign Code Amendments Page 4 of8 Section 4: NOTE:The remaining subsections in EWMC 17.74.080 are not amended by this ordinance. Findings of Fact.The City Council adopts the following the findings offact and conclusions. (1)Findings of Fact 1.The City adopted a comprehensive plan in accordance with the Growth Management Act (GMA),RCW Chapter 36.70A,which is a generalized, coordinated land use policy statement of the City.The Greater East Wenatchee Area Comprehensive Plan (April/May 2010)includes policies that recognize energy facilities needs and encourage siting of facilities to increase the effectiveness ofthat resource.Other policies stress that new land uses should be compatible with and compliment adjacent land uses through the use oflandscaping and signage. 2.Chapters 35A.63 and 36.70A RCW authorize the City to adopt development regulations governing land use activities. 3.The City hereby finds that this development regulation amendment is consistent with the spirit and intent ofthe GMA. 4.An Environmental Checklist was prepared on November 1,2010.A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed and a Determination ofNon-significance (DNS)was issued on November 10, 2010.Copies ofthe proposed amendments,the environmental checklist, and DNS were sent to commenting agencies requesting their review and comment on the proposed project.No comments were received indicating that the proposal would have a probable significant adverse impact on the environment. 5.The East Wenatchee Planning Commission is responsible for long range planning matters and providing implementation recommendations to assure compliance with the GMA.These measures include updates and amendments to the comprehensive plan;development regulations, environmental regulations,and any other rules,actions or regulations deemed necessary to implement the GMA. 6.The Washington State Legislature passed Second Substitute House Bill 1481 (2SHB 1481),which requires the city of East Wenatchee to adopt development regulations relating to electric vehicles by July 1,2011. 7.On behalf of the city of East Wenatchee,Douglas County requested expedited review,in accordance with the provisions ofRCW 36.70A.406(3)(b),and issued a comment period for the general public, local agencies,and state agency review in accordance with the provisions ofRCW 36.70A.406(3)(b).The comment period commenced on November 11,2010 and concluded on December 2,2010. Ordinance 2011-03 Sign Code Amendments Page 5 of8 Section 5: Section 6: Section 7: 8.The East Wenatchee Planning Commission conducted public workshop on January 4,2011 to review background infonnation and a draft ofthe proposed text amendments. 9.A Notice of Public hearing before the East Wenatchee Planning Commission was published on January 21,2011. 10.Expedited review was granted by the Department of Commerce on December 2,2010. 11.The East Wenatchee Planning Commission conducted an advertised public hearing on February 1,2011.The Planning Commission entered into the record the files on this amendment,accepted public testimony,and deliberated the merits ofthe proposal. 12.The East Wenatchee Planning Commission has reviewed the entire record including the goals and policies of the comprehensive plan and public testimony as it relates to the proposed development regulations. (2)Conclusions 1.The processing of the proposal complies with the procedural and substantive requirements of the State Environmental Policy Act,chapter 43.21CRCW. 2.The processing ofthe proposal complies with the procedural requirements ofRCW 36.70A. 3.The proposed text amendments are consistent with and implement the goals and policies in the comprehensive plan. 4.Proper legal requirements of Title 19 EWMC were met and the community was given the opportunity to comment on the proposal at a duly noticed public workshop and a public hearing. 5.Approval of the proposal will not be detrimental to the public health, safety,and general welfare. 6.The proposed amendments are consistent with Second Substitute House Bill 1481 signed into law by Governor Gregoire in 2009 and the Electric Vehicle Infrastructure Guidance Document drafted by the Washington State Department of Commerce and the Puget Sound Regional Council. Severability.If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law,such declaration shall not affect the validity of the other provisions of this Ordinance. Publication.The City Council directs the City Clerk to publish a summary of this Ordinance.The summary shall consist of the title ofthis Ordinance Effective Date.This Ordinance becomes effective five days after the date its summary is published. Ordinance 2011-03 Sign Code Amendments Page 60f8 Passed by the City Council of East Wenatchee,at a regular meeting thereof on this d~'-II1 ___d,ayof Apr11 ,2011. CITY OF EAST WENATCHEE, WASHINGT 1M By ------,,-----''------------'d'------fj'---------- Steverl C.Lacy,Mayor ATTEST: FILED WITH THE CITY CLERK:4/20/2011 PASSED BY THE CITY COUNCIL:4/26/11 PUBLISHED:4/29/11 EFFECTIVE DATE:5/4/11 Ordinance 2011-03 Sign Code Amendments Page 7 of8 SUMMARY OF ORDINANCE NO.2011-03 Ofthe City of East Wenatchee,Washington On the JItz-lJ-\day of Apr,J ,2011,the City Council of the City of East Wenatchee,Washington,passed Ordinance No.2011-03.A summary of the content of said Ordinance,consisting ofthe title,provides as follows: AN ORDINANCE OF THE CITY OF EAST WENATCHEE, WASHINGTON,AMENDING ONLY SUBSECTIONS A.B. AND C.OF EAST WENATCHEE MUNICIPAL CODE SECTION 17.74.080 RELATING TO SIGNAGE IN RESIDENTIAL AND COMMERCIAL ZONING DISTRICTS, CONTAINING A SEVERABILITY CLAUSE,AND ESTABLISHING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. Dated:ft;n ,(:Jt.a ,2011 CITY CLERK,DANA BARNARD Ordinance 2011-0p Sign Code Amendments Page 8 of8