Agenda Item 9 (a)

Staff Report

TO: PLANNING COMMISSION

FROM: HAL H. HART, DEVELOPMENT SERVICES DIRECTOR

~~ - 2008 ANNUAL DOCKETSIGN CODE AMENDMENTS

SUBJECT:

FOR MEETING OF: SEPTEMBER 3, 2008

ISSUE: In preparation for the 2008 Annual Docket public hearing, shall the PlanningCommission review and discuss the proposed Zoning Code Amendments (ZCA) presented inAttachment A to revise WMC 21.20 to update the Sign Code primarily concerning portable signregulations?

STAFF RECOMMENDATION: Staff recommends the Planning Commission consider theamendments presented in Attachment A as part of the 2008 Annual Docket process, inpreparation for the public hearing and to determine if any additional information and analysis isrequired.

POLICY DECISION: The Woodinville Municipal Code (WMC) section 17.07.030 requires thePlanning Commission to hold a public hearing for all proposed Zoning Code amendments.Amendments to various development regulations may be initiated by the City Council, thePlanning Commission, City Staff, or application submitted by a citizen (WMC 21.46.020).

POLICY CONTEXT: The Planning Commission must determine whether the proposedamendments (Attachment A) comply with criteria contained within Woodinville Municipal Code(WMC) 21.46.030, Zoning Code amendment criteria.

EXECUTIVE SUMMARY: The purpose of this report is to provide information on the proposedamendments and assist the Planning Commission in determining if additional information isneeded in preparation for the upcoming Annual Docket public hearing.

BACKGROUND: In 2006, the United States 9th Circuit Court of Appeals decided the Ballen v.Redmond case. The Court ruled that Redmond's portable sign regulation ban on somecommercial signs was an impermissible restriction on commercial speech and thereforeunconstitutionaL. At issue in the Ballen case were Blazing Bagels' employees standing on thestreet wearing signs advertising fresh bagels. The Court's decision affected restrictions for allportable signs. The Ballen case requires jurisdictions to treat all types of commercial speechthe same. It does allow differing regulations by zoning district.

Prior to the Ballen case, the Woodinville Sign Code prohibited portable signs, except asregulated under WMC 21.20.130 - Signs or displays of limited display. Portable signs regulatedunder WMC 21.20.130 included garage or yard sale, real estate and political signs. Thesesigns were treated the same throughout the City. The City Attorney states that because theywere exceptions to the prohibition on portable signs, they would likely not survive a Ballen-likechallenge.

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The Development Services Department has initiated a sign code amendment to bring WMC21.20 into compliance with the Ballen case by updating the regulations for temporary and

portable signs. Other sign regulations identified by the City Attorney as needing further findingsor clarification are also amended.

The Woodinville Chamber of Commerce has also provided recommended changes to the signcode through a committee established by the Chamber's Executive Director. This committeeincluded representatives of real estate, winery, and other retail business interests. Therecommendations from the Chamber included additional sign code changes that will need to bepart of the 2009 Annual Docket and recommended changes to the Wayfinding Sign Program.Three meetings have been held with the Chamber; the summaries of these meetings with theChamber committee's recommendations are provided in Attachment B.

ANALYSIS: There are several changes within the sign code that should be discussed. Thechanges are organized as they appear in Attachment A.

WMC 21.06 Technical Terms and Land Use Definitions1. The definition of an animated sign excludes humans wearing, holding or waiving

advertisements. The Ballen case was specifically in regard to a human holding a sign.Human signs are not regulated in the current draft.

2. A definition for signs, displays of limited duration (temporary signs), and reader board

signs was added.

WMC 21.20.010 PurposeThe Purpose section was revised to delete subsections (2) and (3) on the advice of the CityAttorney. The concern was that these were content-based regulations that would be foundinvalid if challenged.

WMC 21.20.040 Prohibited Sions1. The prohibition on portable signs was reworded. Portable signs are regulated under

WMC 21.20.130 or are otherwise prohibited.2. The distinction between private and public signs on utility poles was removed. Another

court case by Mighty Movers brought against the City of Seatte allows the prohibition ofsigns on utility poles, as long as the requirement does not distinguish between privateand public use.

WMC 21.20.060 General Siqn Requirements1. Section (1) was revised to reflect the changes for temporary and portable signs under

WMC 21.20.130.2. Section (3) was revised to not include fuel price signs in determining allowed sign area

because fuel price signs a legal requirement by federal statue.3. Section (5)(c) was revised to reflect the correct WAC requirement.4. Section (10) was revised to tie reader board sign requirements to the type of sign that is

used (building, monument, and window). This puts the type of restrictions on readerboards identical to other signs of the same type.

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WMC 21.20.080 Mall SionsSection (11) was revised to remove the limitation on the number of entries (tenants orservices) a mall sign can display. The number of entries will be determined by the maximumsize allowed for mall signs, and the requirement for four inch lettering. Because it is a FireDistrict requirement, the area for the street address required on a mall sign was removedfrom the calculation for determining the maximum allowed sign area for a mall sign.

WMC 21.20.130 Sions or displays of limited durationMost of the changes to the sign code were made in this section. The Ballen case does notallow the City to treat the same type of sign, in this case a temporary sign, differently basedon the type of speech. There are some exceptions to this - including political signs, whichare noncommercial in nature and are subject to stricter court scrutiny; and other signs wherea legitimate governmental interest has been stated that allows the City to treat that type ofcommercial speech differently. The City Attorney has provided comment on the draftedregulations, and expects that those types of signs called out in this section will survive aBallen-like challenge.

1. New Section (1): Grand opening displays and special event signs were combined intoone requirement. In addition, the length of display and permit requirements were revisedto allow businesses to have more flexibility with using these special event signs. It alsoplaces a limit on the size of these signs to 32 square feet, consistent with real estate,construction, and political signs.

2. Revised Section (4):

a. Open house signs are taken out of the real estate section and treated as portablesigns.

b. Off-premise directional signs for residential developments are not allowed. Theprevious regulation allowed them up to two miles away from the developmentand allowed them in any zone. This requirement allowed more speech for realestate uses than other types of commercial uses.

3. Deleted Old Section (8): Garage or yard sale signs have been removed and areregulated under the new section for portable signs in residential areas.

4. New Sections (7), (8), and (9): Portable signs are regulated differently in residential,commercial, office and industrial zones. The following chart includes a comparison ofthe requirements:

Requirement Residential Commercial/Office IndustrialPermit Not required Annual pennit Annual pennitrequirementNumber of siqns 6 1 2

Location 0 Within residential zones 0 Within 5' of building entrance 0 Within industrial zoneso Not within street, sidewalk 0 Only in ROW where building 0 Not within street, sidewalko Cannot obstruct vehicle, entrance is on property line 0 Cannot obstruct vehicle,

bicycle or pedestrian traffc 0 Not in street bicycle or pedestrian traffco Not on public property, 0 Cannot obstruct pedestrian 0 Not on public property,

except ROW or bicycle traffc except ROWo Cannot block sight distance 0 Cannot block sight distance 0 Cannot block siqht distance

Size Maximum 6 square feet each Maximum 6 square feet each Maximum 6 square feet eachside, maximum 2 sides side, maximum 2 sides side, maximum 2 sides

HeiQht 3 feet 3 feet 3 feet

Duration of display During event, plus YY hour During hours of operation of During hours of operation ofbefore and after event business business

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Other limitations 0 Nonilluminated 0 Nonilluminated 0 Nonilluminatedo No display of service or 0 No damage to landscaping 0 No damage to landscaping

product0 No damage to landscaping

Appearance and 0 Constructed of durable 0 Constructed of durable 0 Constructed of durablemaintenance materials by person skilled materials by person skilled in materials by person skilled

in graphic design graphic design in graphic designo Must be well maintained 0 Must be well maintained 0 Must be well maintained

Enforcement Confiscation and code Confiscation, code enforcement, Confiscation, codeenforcement revocation of permit enforcement, revocation of

permitVariance Not available. Administrative variance allowed Not available.

for properties that demonstratehardship. This is intended forbusinesses that do not haveother opportunities for signageand need larger signs or to placethe signs further away from thedoor.

Remainino Issues:There are a few remaining questions from a legal perspective that need to be resolved. Thefirst is whether there needs to be an amortization period for portable signs. This would mainlybe for those signs that would become illegal due to size restrictions. Amortization provisionsallow businesses some time to bring their signs into compliance while allowing their previousinvestments to depreciate. The City Attorney will need to provide advice on the need foramortization.

The second issue is a sunset clause for the portable signs in the Industrial zones. Allowing abusiness in an Industrial zone to have two portable signs is a temporary measure until anupdated Wayfinding Sign Program is in place. Most industrial businesses do not need portablesigns. There are numerous wineries in the north industrial area and in the Tourist District thatuse the portable signs currently to display when their tasting rooms are open. The WayfindingSign Program is currently being reviewed for any needed updates. The Chamber committeeasked staff to include a sunset clause so that when the Wayfinding Sign Program is updated,and additional wayfinding signs are allowed for the tourist businesses, the wineries in theindustrial zones can apply for and install wayfinding signs and eliminate the need for theportable signs. However, there is an immediate signage need for these types of businesses.The sunset clause in the ordinance is a way to compel the City to move forward with theWayfinding Sign Program update in 2009.

Other key recommendations:One of the important factors for the Chamber committee was enforcement of the signregulations. A repeated request was that whatever was adopted needs to be enforceable, andthen actually enforced by the City. Requiring a permit in the commercial, office and industrialzones allows:

1. Easy identification of those signs that have permits, because a sticker or some otheridentification will be on each sign.

2. Better education, through permit conditions, on the requirements for the portable signs.

3. A permit fee will partially fund an enforcement program for these types of signs.

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A second recommendation is to review the entire sign code in 2009. The 2008 recommendationwas intended mainly to bring the City into compliance with current case law. The 2009amendment would systematically review all the regulations, revamp the requirements for mallsigns, address any issues that arise as a result of the 2008 amendments, and addressadditional concerns, which are summarized in Attachment B. The Chamber committee wouldcontinue to meet on a regular basis with staff to review any proposed amendments.

FACTS & FINDINGS:1. The 2008 Annual Docket proposal subject to this report is a City-initiated Zoning Code

amendment that would amend the sign code, WMC 21.20.

2. Pursuant to the City of Woodinville Municipal Code (WMC) Chapter 17, the PlanningCommission is required to hold a public hearing on the proposed amendment and makea recommendation to the City CounciL.

3. The proposed amendment appears to be consistent with the requirements of WMC21.01.170 and WMC 21.46.030. Complete analysis of the proposed amendments anddecision criteria will be provided at the public hearing for the 2008 Annual Docket.

4. The 2008 Annual Docket public hearing is scheduled for September 17, 2008.

AL TERNATIVES:1. Accept the proposals as presented in Attachment A and forward it to the September 17,

2008 public hearing as part of the 2008 Annual Docket.

2. Request staff to provide additional information or options and bring back the results tothe September 1 yth public hearing.

RECOMMENDED ACTION: Review the proposed City-initiated Zoning Code amendmentdiscussed herein in preparation for the September 17, 2008 public hearing and direct staff toprepare additional information or code language, if necessary.

ATTACHMENTS:A - City Council-initiated Zoning Code AmendmentB - Summary of Chamber Committee meetings and Public Comments received

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Attachment A

City of Woodinville2008 Annual Docket

Sign CodeProposed Amendment

SUMMARY EXHIBIT

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Exhibit 9

City of Woodinvile 2008 Annual Docket

ZCA08001 Sign Regulations Update

Request:Amend WMC 21.20. to bring the Woodinville Sign Code into conformance withcurrent case law (WA. State Superior Court Case, Ballen vs. City of Redmond).

Proposal:Approve request by amending WMC 21.20; additions are underlined and: deletionsare shown as ctrikothroughs.

Chapter 21.06 - Technical Terms And Land Use Definitions21.06.559 Sign, animated. Sign, animated: any sign that includes action or motion or the optical

illusion of action or motion or color changes of all or any part of the sign. Animatedsigns do not include humans advertising: products or events by wearing, holding: orwaving advertisements.

NEW SiIms or displavs of limited duration. Si£ns or disDlavs of limited duration: Anv si£n,

banner. Dennant, or advertising disDlav intended to be displaved for a limited timeperiod. Easilv removed signs attached to windows are considered temDorary signs. Si£nsof limited duration can be manua//v removed without the use of tools or equipment.

NEW SiIm. reader board. Si£n. reader board: A sign face consistin£ of tracks to hold readilychangeable letters. a//owing frequent changes of COD V manuallv.

Chapter 21.20 - Development Standards - SignsSections:21.20.010 Purpose.

21.20.020 Permt requirements.21.20.030 Exempt signs.21.20.040 Prohibited signs.21.20.050 Sign area calculation.21.20.060 General sign requirements.21.20.065 Community bulletin board signs.21.20.070 Sign types pennitted by zone.21.20.080 Mall signs.21.20.090 Monument signs.21.20.095 Perimeter signs.21.20.100 Changing general message electronic reader boards.21.20.105 Employment signs.21.20.1 i 0 Building signs.21.20.120 Window signs.21.20.130 Signs or displays of limited duration.21.20.140 Nonconfonning signs.

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Exhibit 9

21.20.010 Purpose.

The purpose of this chapter is to enhance the visual environment and safety of the City by:

(1) Establishing standards that regulate the type, number, location, size, and lighting of signs;(2) Recognizing the private purposes ofsigns for the identification of businesses and promotion of

products and services;(3) Recognizing the publio purposes of signs, which includes considerations of traffc safety, eoonomic

and aesthetic welfare; and(12) Encouraging attractive, effecti','e signage throughout the community, and providing clearly

identifiable design objectives for public and private signage in the dO'vntown.

21.20.020 Permit requirements.

(1) Except as otherwise permitted by this chapter, no sign shall be erected, altered or relocated withoutapproval by the City.

(2) No permit shall be required for cleaning or other nonnal maintenance and repair of a sign, includingchanges to tenant or business names on multi-tenant signs; provided, that an overall consistency ofcolor and design is maintained, or for copy changes on changeable copy signs that do not alter thesize, amount of space allocated to each tenant, color, or structure of the sign, except as suchchanges are regulated in WMC 21.20.140.

21.20.030 Exempt signs.The following signs or displays are exempted from the regulations under this chapter:(1) Historic site markers or plaques, gravestones, and address numbers;(2) Signs required by law, including but not limited to:

(a) Offcial or legal notices issued and posted by any public agency or court, or(b) Traffc directional or warning signs;

(3) Plaques, tablets or inscriptions indicating the name of a building, date of erection, or othercommemorative information, which are an integral part of the building structure or are attached flatto the face of the building, which are non-illuminated, and which do not exceed four square feet insurface area;

(4) Incidental signs, which shall not exceed two square feet in surface area; provided, that said sizelimitation shall not apply to signs providing directions, warnings or information when establishedand maintained by a public agency;

(5) State or Federal flags;(6) Religious symbols; and(7) The flag of a commercial institution; provided, no more than one on-site flag is permitted per

business premises, or one per tenant in a multi-tenant building; and further provided, the flag doesnot exceed 20 square feet in surface area and does not advertise a product.

21.20.040 Prohibited signs.Except as indicated by this chapter, the following signs or displays are prohibited:(1) Portable signs,- including, but not limited to, sand',vichl,A. frame signs and mobile readerboard signs.

Temporary signs permitted under \VMC 21.20.130 are allo',ved except as provided for in WMC21.20.130, Signs or displays of limited duration;

(2) Pri','ate sS.igns on utility poles;(3) Signs which, by reason of their size, location, movement, content, coloring or manner of

ilumination, may be confused with traffc control signs or signals;(4) Signs located in the public right-of-way, except where permitted in this chapter;(5) Posters, pennants, strings of lights, blinking lights, balloons, searchlights and other displays of a

carnival nature; except as provided for in WMC 21.20.130, Signs or displays of limited duration;

(6) Billboards, poster boards and other advertising for products or business not located on the site of thebusiness or place of sale, except as permitted by WMC 21.20.060(6) and (7);

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Exhibit 9

(7) Signs that are located so as to interfere with visibility for the safe movement of pedestrians,bicycles, and vehicles;

(8) Anmated signs;(9) Highly reflective frame materials such as min-oed glass or chrome metal are not permitted; and(10) Signs for businesses that are no longer operating and open for business.

21.20.050 Sign area calculation.

(I) Sign area for freestanding signs shall be calculated by determining the total surface area of the signas viewed from any single vantage point, excluding sign structures which do not form part of thesign proper or of the display, such as the sign mounting and frame.

(2) Sign area for letters or symbols painted or mounted directly on walls shall be calculated bymeasuring the smallest single rectangle which will enclose the combined letters and symbols.

21.20.060 General sign requirements.

(I) All signs, except billboards, community bulletin boards, political signs, street banners. real estate~ wayfinding signs and special event and portable signs, shall be on-premises signs; provided,that uses located on lots without public street frontage in the Central Business District, TouristBusiness District, General Business, Offce, Industrial, or Public/Institutional zones may have oneoff-premises directional sign and one off-premises sign as provided by subsections (6) and (7) ofthis section.

(2) Because Ffuel price signs are required by federal statute, such signs shall not be included indetermining sign area square footage or number limitations as referenced in WMC 21.20.090.Service stations can have the same amount of signage square footage as other business (excludingthe square footage of the fuel price signs). Fuel price signs shall be part of or attached to apermanent monument sign and shall not be included in sign area or number limitations of WMC21.20.090; provided, such signs do shall not exceed 20 square feet per street frontage. The pricedisplay may be electronic as long as it meets the requirements for changing message signs in WMC21.20.100, do not create a traffc safety issue by glare or by including blinkng or flashing lights.

(3) Changing message center signs for date, time and temperature only, which can be incorporated intoa building, mall, or monument sign, shall not exceed the size or height permitted for a building,mall, or monument sign, and shall be penntted only in the CBD, GB, 0, I and P/I zones, except inthe Tourist District.

(4) On-premises direction signs shall not be included in the sign area or number limitation ofWMC21.20.080 through 21.20.120; provided, they shall not exceed six square feet in surface area and arelimited to one for each entrance or exit to surface parking areas, parking structures, drive-throughlanes, or as detennined by the Planning Director for safe circulation.

(5) Sign Ilumination and Glare.

(a) WMC 21.20.080 through 21.20.120 contains sign illumination regulations for various signtypes. In those cases where indirectly illuminated signs are permitted, the light source shall beno farther away from the sign than the height of the sign.

(b) Indirectly illuminated signs shall be arranged so that no direct rays of light are projected fromsuch artificial source into residences or any street right-of-way.

(c) Electrical requirements for signs shall be governed by Chapter 19.28 RCW and WAC 296-46-910 Chapter 296-46B WAC.

(d) Signs should not exhibit undue brightness. "Undue brightness" means illumination in excess ofthat which is necessary to make the sign reasonably visible to the average person on theabutting street, as determined by the Planning Director.

(6) Off-premises directional signs and wayfinding signs shall not be pennitted except as part of acoordinated City-authorized program or as otherwise pennitted by this chapter.

(7) One off-premises mall, monument, or perimeter sign for each business is pennitted on privateproperty only as allowed in WMC 21.20.060(8) below, and as regulated in WMC 21.20.080,21.20.090, and 21.20.095 respectively. To qualify for an off-premises mall sign, two or more

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Exhibit 9

businesses must be advertised, the receiving site may have no, one, or multiple tenants, and thebusinesses advertised must have no street frontage.

(8) A total of no more than one monument, perimeter, or mall sign per site is penl1itted, with theexception of the following:(a) Sites with two street frontages may have two signs; a maximum of one sign per street frontage is

pem1tted; and

(b) Sites with more than 250 feet of street frontage and a minimum of six businesses ororganizations, including businesses or organizations whose building signs are not visible fromthe street or that are more than 150 feet from the street, may have more than one sign. Ifmultiple signs are allowed, they must be spaced a minimum of i 50 feet apart.

(9) All signs, except for signs or displays of limited duration as pem1tted under WMC 21.20.130, mustbe constructed of durable, maintainable materials, and must be properly maintained. Signs that aremade of materials that deteriorate quickly or that feature impermanent construction are notpermitted. For example, plywood or plastic sheets without a sign face overlay or without a frame toprotect exposed edges are not pem1tted.

(10) Reader boards are pem1tted subject to the requirements for the type of sign proposed. If the readerboard features dark letters on a light or white background, the sign wil not be considered asfeaturing "recommended colors" and the smaller sign allowance for mall, monument, and buildingsigns will apply.

(11) Signs shall be set back in accordance with the minimum setback requirements in Chapter 21.2WMC unless otherwise provided in this section.

21.20.065 Community bulletin board signs. Community bulletin board signs shall be limited as follows:

(1) In the R zones, community bulletin board signs may not exceed 32 square feet and are onlypem1tted at public schools, police stations, fire stations or other public facilities;

(2) In the P/I, 0, TB and NB zones, community bulletin board signs may not exceed 40 square feet;(3) In the I zone, community bulletin board signs may not exceed 60 square feet; and(4) In the CBD and GB zones, community bulletin board signs may not exceed 100 square feet.

21.20.070 Sign types permitted by zone. Signs are pem1tted in the zones indicated on the followingchart. The Planning Director shall determine which sign type category applies to a proposed sign.

.... '" == ~ ~ ~ ~~ .. = e- e ~ ... Q

ZONE/AREA -;e :E 't ..

:; = = Q= ï: .S ... -Q ~ Q.~ ¡: e:; ~ ~

Central Business District (CBD);P P P P P X

General Business (GB)

Residential Zones (SF and MF) X 1 2 3 X X

Tourist District 4 P X P P X

Neighborhood Business (NB);Offce (0); 7 P X P P XPublic/Institutional (P /1)

Industrial (I) 5 6 X 6 P P

Public Park/Open Space X P P P P X

Notes: P = Permitted in accordance with standards.10

Exhibit 9

x = Not permitted.1 = Permtted in accordance with standards for subdivision or multifamily development

identification only, except that the maximum height is six feet, maximum sign face size is20 square feet, subdued or "recommended background" colors are required, and internallighting is not allowed.

2 = Permtted in accordance with standards for home occupation or home industry identificationonly, except the maximum sign face size is 10 square feet, subdued or "recommendedbackground" colors are required, and internal lighting is not allowed.

3 = Permtted in accordance with standards except internal lighting is not allowed, subdued or"recommended background" colors are required, and plastic is not allowed as a materiaL.The maximum sign area for multifamily development buildings is 20 square feet. Themaximum sign area for single-family zones is 10 square feet.

4 = Permtted only in the TB zone.5 = Permitted only in accordance with standards, except street address must be prominently

displayed and the number of tenants listed on sign directory is not limited.6 = Permtted in accordance with standards, except street address must be prominently

displayed.7 = Permtted in accordance with standards. A commercial premises may display one additional

off-premises mall sign in the NB zone for the combined use of all tenants located upon saidcommercial premises that lack frontage on the Woodinville-Duvall Road.

21.20.080 Mall signs. To qualify for a mall sign, a site must be occupied by more than one business andhave at least 200 linear feet of frontage.

(1) The maximum allowable sign height is 10 feet. If sight distance requirements or physical constraintsof the site do not allow a monument type sign to be placed on the street front, then a pole type signwith a maximum height of 20 feet may be approved by the Planning Director.

(2) The maximum allowable sign face area, excluding the frame and mounting:(a) Is 30 square feet if the sign face background is backlit or does not use recommended sign face

background color(s).

(b) If the sign face background is not backlit and uses recommended sign face background color(s),the sign face is allowed an additional 30 square feet. Sign lettering and logos may be backlit,and neon lettering may be used.

(c) If the provisions of subsection (2)(b) of this section are met, an additional 10 square feet of signface is allowed for each of the following features: (a) the sign face uses recommendedmaterials, or (b) the sign face uses architectural design features that support or reflect thearchitecture ofbuilding(s) or other site elements, or (c) the landscaping includes additionalsignificant landscaping area, other than lawn, or includes strong vertical elements such tallshrbs and/or tree(s) as approved by the Planning Director.

(3) Location.(a) A five-foot minimum setback from the public right-of-way and any driveway is required.(b) A 20-foot minimum setback from the side property line is required. If the driveway entrance or

other feature makes this setback infeasible, the Planning Director may modify the requirement.(c) All signs shall meet the sight distance requirements of WMC 21.12.200.

(4) Number Per Site and Minimum Spacing.(a) Unless otherwise stated in subsections (b) or (c) of this section, one mall sign per site is allowed.

The sign should be located near the principal entrance.(b) Sites fronting on two streets may have one mall sign per street; provided these mall signs are at

least 150 feet apart.

(c) Sites with more than 250 feet of street frontage and a minimum of six businesses ororganizations, including businesses and organizations whose building signs are not visible fromthe street or that are more than 150 feet from the street, may have more than one sign. If

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Exhibit 9

multiple signs are allowed, the signs must be spaced a minimum of 150 feet apart with no morethan two mall signs penntted per street front.

(5) Frame and Mounting. Total frame and mounting square feet are limited to a maximum of 50 percentof the allowed sign face area for the proposed sign. If the frame and mounting use (a) recommendedcolors and materials, or (b) uses significant architectural features that reflect the architecture ofbuilding(s) or other site elements as approved by the Plarrng Director, then the total frame andmounting area are limited to a maximum of 100 percent of the allowed sign face area.

(6) Materials.(a) Sign frames constructed of wood, anodized metal or concrete are encouraged.(b) Sign faces constructed of anodized metal, wood or bronze are encouraged. Plastic is

discouraged except for backlit lettering.(c) Sign mountings constructed of wood, stone, concrete, masonr or structural metal are

encouraged.(7) Landscaping. At least one square foot of landscaping per each square foot of sign face (single side)

shall be provided at the base of the sign. The landscaping shall consist of a planting bed with aperimeter border and small trees, shrbs, and/or floral displays. An alternate landscaping plan,which must use landscaping but which may also use alternative elements, such as brick or concretebases, pedestrian seating, planter boxes, pole covers, or decorative framing, may be approved by thePlarrng Director. Landscaping shall be well maintained at all times of the year.

(8) Lettering. A minimum lettering height of four inches is recommended.(9) Lighting.

(a) Internal. A sign with internally lit logos and lettering is allowed. A 30 square foot maximumarea is allowed for an internally lit "can" sign.

(b) ExternaL. A sign with external lighting is encouraged; provided, it avoids glare into the streetright-of-way as required by WMC 21.4.110(3).

(10) Color.(a) Required frame colors include natural materials, such as brick, stone, concrete and stained

wood; white; cream; and other colors as defined in WMC 21.06.595, Sign, required framecolors. Sign frames may include accent colors with no color restrictions for up to 10 percent ofthe visible sign frame surface.

(b) Recommended sign face background colors are defined in WMC 21.06.594, Sign,recommended face background colors. Light and/or bright colored lettering is allowed. If othercolors are used, the sign face area is restricted to a maximum of 30 square feet per mall sign.On mall signs with individual tenant identification, all tenant signs shall have the same signface background color; however, color of individual lettering and/or logos may vary.

(11) Other Requirements. Each mall sign shall include the street address number(s) with six-inchminimum lettering that is clearly readable from the street. The area for the street address numbersshall not be included in detennning the maximum allowable sign face area stipulated in WMC21.20.080(2). Sculptural fonn or architectural elements are encouraged. A directory of tenants orservices, if included on a mall sign, is limited to siR entries per mall sign with no may not devotemore than 50 percent of the sign face advertising a single tenant. Similar colors, materials, andcharacter of all signs for a multi-business site, including building and other ground-mounted signs,are encouraged.

21.20.090 Monument signs.

(1) The maximum allowable sign height, measured to the top of the frame, is eight feet.(2) The maximum allowable sign face area, excluding the frame and mounting, is:

(a) Sixteen square feet, if the sign face is backlit or does not use recommended sign facebackground colors;

(b) Twenty-four square feet, if the sign uses recommended sign face background colors asdescribed in subsection (10) of this section, and the sign face is not backlit. Sign lettering andlogos may be backlit without affecting the maximum sign face area; and

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Exhibit 9

(c) If the provisions of subsection (2)(b) of this section are met, an additional four square feet ofsign face is allowed for each of the following features: (a) the sign face uses recommendedmaterials; or (b) the sign face uses architectural design features that support or reflect thearchitecture ofbuilding(s) or other site elements; or (c) the landscaping includes additionalsignificant landscaping area, other than lawn, or includes strong vertical elements such tallsllbs and/or tree(s) as approved by the Planning Director.

(3) Location.(a) A three-foot minimum setback from the public right-of-way and any driveway is required.(b) A 10-foot minimum setback from the side property line is required. If the driveway entrance or

other feature makes this setback infeasible, the Planning Director may modify the requirement.(c) All signs shall meet the sight distance requirements ofWMC 21.2.200.

(4) Number Per Site and Minimum Spacing.(a) Unless otherwise stated in subsections (b) or (c) below, one monument sign per site is allowed.(b) Sites fronting on two streets may have one monument sign per street; provided these monument

signs are at least 150 feet apart.

(c) Sites with more than 250 feet of street frontage, and a minimum of six businesses ororganizations, including businesses and organizations whose building signs are not visible fromthe street or that are more than 150 feet from the street, may have more than one sign. Ifmultiple signs are allowed, they must be spaced a minimum of 150 feet apart.

(5) Mounting. The base must be solid and the height of the base shall not be less than 75 percent of thesign width, or double posts (with a panel sign), unless an alternate sculptural base design isapproved by the Planning Director. The mounting must be double-sided if the back is visible fromthe street. A double-post and panel sign must be designed so that the length of the panel is no lessthan 60 percent of the length of the posts.

(6) Materials.(a) Sign frames constructed of wood, anodized metal or concrete are encouraged.(b) Sign faces constructed of metal, wood or bronze are encouraged. Plastic is discouraged except

for backlit lettering.(c) Sign mountings constructed of wood, stone, concrete, masonr or structural metal are

encouraged.(7) Landscaping. At least one square foot of landscaping per each square foot of sign face (single side)

shall be provided at the base of the sign. The landscaping shall consist of a planting bed with aperimeter border and small trees, sllbs, and/or floral displays. An alternate landscaping plan,

which must use landscaping but which may also use alternative elements, such as brick or concretebases, pedestrian seating, planter boxes, pole covers or decorative framing, may be approved by thePlannng Director. Landscaping shall be well maintained at all times of the year.

(8) Lettering. A minimum lettering height of six inches is recommended.(9) Lighting.

(a) InternaL. A sign with internally lit logos and lettering is encouraged. A 16 square foot maximumarea is allowed for an internally lit "can" sign.

(b) ExternaL. A sign with external lighting is encouraged; provided it avoids glare into the streetright-of-way.

(10) Color.

(a) Required frame colors include natural materials, such as brick, stone and stained wood; white;cream; and other colors as defined in WMC 21.06.595, Sign, required frame colors. Signframes may include accent colors with no color restrictions for up to 10 percent of the visiblesign frame surface.

(b) Recommended sign face background colors as defined in WMC 21.06.594, Sign, recommendedface background colors. Light and/or bright colored lettering is allowed. If other colors areused, the sign face area is restricted to a maximum of 16 square feet per monument sign.

13

Exhibit 9

(11) Other Requirements. Each monument sign shall include the street address number(s) with four-inch minimum lettering. Sculptural fom or architectural elements are encouraged. Signs should notimpair visibility as required for safety.

21.20.095 Perimeter signs.

(1) The maximum allowable sign height is six feet.(2) The maximum allowable sign face area, excluding the frame and mounting, is 15 square feet.(3) Location.

(a) A three-foot minimum setback from the public right-of-way and any driveway is required.(b) A five-foot minimum setback from the side property lines is required. If the driveway entrance

or other feature makes this setback infeasible, the Planning Director may modify therequirement.

(c) All signs shall meet the sight distance requirements ofWMC 21.2.200.(4) Number Per Site and Minimum Spacing.

(a) Unless otherwise stated in subsections (4)(b) or (c) of this section, one perimeter sign per site isallowed.

(b) Sites fronting on two streets may have one perimeter sign per street, provided these perimetersigns are at least 150 feet apart.

(c) Sites with more than 250 feet of street frontage and a minimum of six businesses organizations,including businesses and organizations whose building signs are not visible from the street orthat are more than 150 feet from the street, may have more than one sign. If multiple signs areallowed, they must be spaced a minimum of 150 feet apart.

(5) Mounting. Post mounted signs are allowed. If the back of the sign is visible from the street themounting must be double-sided. A double-post and panel sign is penntted and must be designed sothat the length of the panel is no less than 60 percent of the length of the posts.

(6) Materials.(a) Sign frames constructed of wood, metal or masonr are encouraged.(b) Sign faces constructed of wood, metal, or porcelain enamel panel are encouraged. Synthetic

materials are allowed if approved by the Planning Director. The applicant must submit a sampleof the material to the Planning Director.

(c) Sign mountings constructed of wood, metal, concrete or masonr are encouraged.(7) Landscaping. At least one square foot of landscaping per each square foot of sign face (single side)

shall be provided at the base of the sign. The landscaping shall consist of a planting bed with aperimeter border and low shrbs, flowers, or lawn. An alternate landscaping plan, which must uselandscaping but which may also use alternative elements, such as brick or concrete bases,pedestrian seating, planter boxes, pole covers, or decorative framing, may be approved by thePlanning Director. Landscaping shall be well maintained at all times of the year.

(8) Lettering. A minimum lettering height of three inches is recommended.(9) Lighting.

(a) Internal lighting is not pemitted.(b) External lighting is acceptable, subject to limitations in WMC 21.20.060(5).

(10) Color.

(a) Required frame colors include natural materials, such as brick, stone, concrete, or stained wood;white; cream; and other colors as defined in WMC 21.06.595, Sign, required frame colors. Signframes may include accent colors with no color restrictions for up to 10 percent of the visiblesign frame surface.

(b) Recommended sign face background colors are defined in WMC 21.06.594, Sign,recommended face background colors. Light and/or bright colored lettering is allowed.

(11) Other Requirements. If more than one perimeter sign and/or a perimeter sign plus a mall ormonument sign are constructed on a single site, such as a shopping center site, then all sign framesand mountings must match one another in color, materials, and design character. The building orsign must prominently display the street address number(s), unless the address is already on a mall

14

Exhibit 9

sign. The intent of pennitting this sign type is to allow property and business owners the option of asmaller, ground-mounted sign in cases where a monument sign would obstruct vision or not fit siteconditions.

21.20.100 Changing general message electronic reader boards. In the Public/Institutional zone, asingle changing general message electronic reader board may be substituted for one of the peIDittedsigns, not to exceed 32 square feet; provided, all of the following conditions are met:

(1) The facility and sign are located on a principal or minor arterial;(2) The traffc generated by the facility exceeds 1,200 daily trips as deteIDined by Public Works

Director, excluding special events;(3) The sign must be a monument type sign with an architectural base and frame made of wood, stone,

brick, hand-crafted metal, or other similar materials as approved by the Planning Director;(4) The maximum height of the structure may not exceed eight feet;

(5) The sign base includes landscaping at a minimum of one square foot of shrbs, flowers, or lawn forevery square foot of sign face (single side) surrounding the sign. An alternate landscaping plan,which must use landscaping but which may also use alternative elements, such as brick or concretebases, pedestrian seating, planter boxes, pole covers, or decorative framing, may be approved by thePlannng Director. Landscaping shall be well maintained at all times of the year;

(6) The sign must include the name and address clearly visible from the street in nonelectronic letteringnot smaller than four inches high;

(7) The electronic message may not change more frequently than every four seconds;(8) The sign may only display messages for school or community events or activities; and(9) The sign's lights are limited to a single color and must be a waID-toned off-white or similar color as

approved by the Planning Director.

21.20.105 Employment signs.

(1) The maximum allowable sign height is three feet.(2) The maximum allowable sign face area, excluding the frame and mounting, is four square feet.(3) A removable employment sign no greater than two square feet is allowed on an existing perimeter

or monument sign and is not counted towards the maximum sign area for a freestanding sign. Theemployment sign must be adequately secured to the peIDanent sign. An employment sign attachedto an existing sign may contain the positions or jobs available.

(4) Location.(a) A three-foot minimum setback from the public right-of-way and any driveway is required.(b) A five-foot minimum setback from the side property lines is required. If the driveway entrance

or other feature makes this setback infeasible, the Planning Director may modify therequirement.

(c) One off-premises employment sign is allowed for lots not abutting a public street. The sign mustbe on private property with written property owner pennission.

(d) All signs shall meet the sight distance requirements of WMC 21.12.200.(5) Number Per Site and Minimum Spacing.

(a) One employment sign for every three tenants on a site with a maximum of two signs per site isallowed.

(b) If multiple signs are allowed, they must be spaced a minimum of 100 feet apart.(6) Mounting and Materials. The following mounting and materials specifications are required for

employment signs. Wood surfaces may be stained exposing natural color but not painted. Signsmay be removable but must be secured to the ground by brackets or other appropriate device asapproved by the Planning Director.

(a) Single-tenant sign design;(b) Multi-tenant sign design.

(7) Lettering. A minimum lettering height of three inches is recommended.(8) Lighting.

15

Exhibit 9

(a) Internal lighting is not penntted.(b) External lighting is acceptable, subject to limitations in WMC 21.20.060(5).

(9) Other Requirements. Employment signs shall be nonelectric. The signs shall comply with thestandard design requirements for employment signs above. Employment signs are limited tomessages displaying business names hiring, telephone numbers, email address, and/or street ormailing address except as provided in WMC 21.20.105(3).

21.20.110 Building signs.

(1) Building signs must not be higher than the building eave or cornce.(2) The maximum allowable sign face area is:

(a) Twenty-five square feet plus 12 percent of the building facade area facing the street or mainparking area, if:

(i) The sign uses recommended sign face background colors as described in WMC 21.06.594,and the sign face background is not backlit. Sign lettering and logos may be backlit; or

(ii) All tenant building signs on the building are in a similar location, architecturally integratedinto the building, and employ a coordinated color scheme. Sign area calculations are perfacade and allowable sign area is nontransferable to other facades;

(b) Eight percent of the building facade area facing the street or main parking area if the sign face isbacklit or does not use recommended sign face background colors. Sign area calculations areper facade with signage allowed on no more than two facades of a building unless approved bythe Plannng Director. Signs on awnings count as part of the total building sign area. Seesubsection (10) of this section for awning, canopy, or marquee sign special provisions.

(3) Number Per Site and Minimum Spacing. Each tenant is allowed a maximum of one sign per facadeup to a maximum of two facades, unless otherwise approved by the Planning Director. Eachbuilding may also have one building sign.

(4) Mounting. Building signs must be mounted plumb with the building, with a maximum protrusion ofone foot unless the sign incorporates sculptural elements or architectural devices. The sign framemust be concealed or integrated into the building's architectural character in tenns of fonn, color,and materials. Each tenant may also display a single shingle sign that has a face perpendicular tothe building provided the sign is no larger than three square feet, is no less than eight feet above theground, and does not extend more than three feet from the building or beyond an existingarchitectural canopy.

(5) Materials.(a) Sign frames should be concealed or similar to building materials.(b) Sign faces constructed of anodized or treated metal, wood, masonr, tile, or neon are

encouraged. Plastic signs, except for lit letters and logos, are limited to eight percent of thebuilding facade area.

(6) Lettering. The maximum height for lettering is three feet. The maximum height for logos is fourfeet. Greater heights for lettering and logos may be approved through the Design Guidelines andStandards review process.

(7) Lighting.(a) InternaL. A sign with internally lit lettering and logos is allowed. Fully backlit signs, including

backlit awnings, may not exceed eight percent of the building facade facing the street or mainparking area. See subsection (10) of this section for awning, canopy, and marquee sign specialprovisions.

(b) ExternaL. A building sign with external lighting is allowed.(8) Sign Frame Color.

(a) Sign frame colors must be similar throughout the building.(b) If all tenant signs confonn to a specified color scheme approved by the Planning Director, the

total sign area may be up to 12 percent of the building facade plus 25 square feet.(9) Other Requirements. Tenant signs in multiple tenant buildings must be similar in mounting,

location, configuration, materials, and construction.16

Exhibit 9

(l0) Special Provisions for Awning, Canopy, or Marquee Signs.(a) Measurement. For backlit awning signs, the measurement for signs on awnings shall be the

smallest rectangle that the lettering and logo or other decorative device can fit within. This areashall count as part of the total area for building signs.

(b) Materials. Materials must be durable and mildew- and dirt-resistant. Metal or glazed canopiesand marquees must be constructed of durable material, with edges and comers constructed andtrimmed to avoid corrosion or damage.

(c) Depth, Height and Projection. Awning, canopy, or marquee signs shall maintain a minimumclearance of eight feet above finished grade and shall not project more than six feet from thesupporting building unless a greater projection is approved by the Planning Director throughthe Design Guidelines and Standards review process.

(d) Lighting. The maximum amount of illumination for backlit vinyl awnings shall be onefluorescent tube running parallel to the awning face. Downlighting of canopies or awnings isallowed.

21.20.120 Window signs.

(1) The maximum allowable sign area is 20 percent of the window area per building face.(2) Location. Window signs shall be located in a window or glazed area.(3) Mounting. Window signs shall be integral with the window or hung directly behind the window.(4) Materials. Window signs constructed of neon, stained glass, gold leaf, cut vinyl, and etched glass

are allowed. Painted signs must display the highest level of quality and pemmanence as detemminedby the Planning Director.

(5) Lighting. An internally lit neon or stained glass window sign is allowed.(6) Color. There are no color requirements for window signs.(7) Other Requirements. Temporary window signs for holidays, sales, and other events shall confomm to

the requirements ofWMC 21.20.130. Allowable window sign area is in addition to allowablebuilding sign area as set forth in WMC 21.20.110.

21.20.130 Signs or displays of limited duration. Unless otherwise regulated by this chapter, temporary

signs regulated under this chapter not removed by the applicable post-event deadline will be subject toremoval by the City of Woodin vi lie Public Works Department and any and all costs associated with suchremoval may be assessed against the person(s) responsible for having the temporary signs put on display,the owner of the temporary sign and/or the sponsor(s) of the event or sale for which the temporary signswere put on display. The following temporary signs or displays are allowed, and except as required by theInternational Building Code, or as otherwise allm:ved required in this chapter, do not require buildingpemmits:

(1) Grand Opening Displays.(a) Signs, posters, pennants, strings of lights, blinking lights, balloons and search1ights are

pemmitted for a period of up to 30 consecutive days to announce the opening of a new enterpriseor the opening of an enterprise under ne',, management.

(b) i\ll grand opening displays shall be removed upon the expiration ono consecutive days.(;11) Special Event Business Signs.

(a) One banner per business premises is allowed by pemmit to announce grand openings or otherspecial events or promotions, other than grand openings, for no more than 60 days within a 12month period, and not for more 30 days for anyone event. Property owners may apply for 1annual pemmit for all special event signs within a 12 month period. or pemmits may be grantedfor each special event up to 11 days at a time, with up to four pemmits per business per year.

Temporary banners are te allowed on or inside a building, on or adjacent to the business orte premises; none are to be allowed on public rights-of-way, or on trees or utility poles.

(b) Temporary signs or banners for organized mall-wide promotions may be allowed by pemmit forup to five days, with up to two pemmits per mall per year.

17

Exhibit 9

( c) Seasonal lights and decorations of a noncamival nature for the curent season or holiday areallowed without a pennt.

(d) No sign shall exceed 32 square feet in surface area and may be no taller than the building eaveor cornice if on a building, and not taller than LO feet if freestanding.

(32) Construction Signs.

(a) Construction signs that identify architects, engineers, planners, contractors or other individualsor finns involved with the construction or funding of a building and announcing the characterof the building or the purose for which the building is intended may be displayed.

(b) One noniluminated, double-faced sign is penntted for each public street upon which theproject fronts.

(c) No sign shall exceed 32 square feet in surface area and may be no taller than lO feet in height,or be located closer than 30 feet from the property line of the adjoining property.

(d) Construction signs must be removed by the date of issuance of the first occupancy pennt for thepremises or one year after placement of the signs, whichever occurs first. If the signs are notremoved within this time period, they may be removed by the City at the expense of the ownerof the property and/or the person(s) responsible for having the signs put on display.

(4;2) Political Signs.(a) On-premises political signs, posters or bils located at the headquarters of a political party,

candidate or public service offce, or a public issue decided by ballot are penntted. All on-premises political signs, posters or bils shall comply with the dimensional and locationalrequirements of the zoning district in which they are located, or of the applicable sign type.

(b) Off-premises political signs that do not exceed four square feet in area (i.e., four feet by onefoot, two feet by two feet, etc.) may be displayed in the public right-of-way as allowed insubsection (4)(e) below. Off-premises political signs that do not exceed 32 square feet in areaand six feet in height may be displayed on private property. Freestanding political signs with aheight greater than four feet and signs made of wood or metal which are attached to buildingsmust submit a sign application for safety and structural review.

(c) Dividing a sign into several smaller pieces as a means to circumvent the political signdimensional requirements of WMC 2 L.20.130( 4;2)(a) and (4;2) (b) of this section is notpennitted.

(d) Political signs, posters or bils may be displayed from the closing date for fiing for an electionuntil seven days after the general election. It shall be the responsibility of the candidate to havehis/her campaignpolitical signs removed within this time period or the City may remove suchsigns at the candidate's expense.

(e) No person, finn or corporation shall post, paint, nail, fasten or affx a political sign, poster, bill,or other advertising device of any kind on any streetlight, crosswalk, curb, curbstone, lamppost,street sign, utility pole, hydrant, tree, shrb, or public building or structure. Political signs arepennissible on parking strips, the periphery of the public right-of-way and other portions of theright-of-way not used for vehicular or pedestrian travel preceding a primary or general election.Political signs must be installed with the pennission of the owner of the property abutting saidareas and installed in such a manner as not to constitute a traffic hazard or impair or impedepedestrian thoroughfares. No political sign placed within the public right-of-way shall create asafety hazard for pedestrians or motorists as detennined by the Police Administrator or PublicWorks Director.

(f) Pennits for political signs, posters or bils are not required unless the height ofthe freestandingsign is greater than four feet or the sign is made of wood or metal and is attached to a building.

(~:D Real Estate Signs. All temporary real estate signs can be single- or double-faced signs:(a) Signs advertising an individual residential unit for sale or rent shall be limited to one sign per

street frontage on-site. The sign may not exceed eight square feet in area, and shall not exceedsix feet in height. The sign shall be removed within fi thirty days after closing of the sale,lease or rental of the property.

18

Exhibit 9

(b) For an opcn house or similar event, portable off premises residential directional signsannouncing directions to a specific residence open house for sale or rent shall not meceed sixsquare feet in area for each sign, and shall not exceed 12 inches in height. Signs shall bepenntted only when the agent or seller is in attendance at the property for sale or rent and maybe located on the right of way outside of vehicular and bicycle lanes.

teil On-site commercial or industrial property for sale or rent signs shall be limited to one signper street frontage on-site, and shall not exceed 32 square feet in area. The sign shall not exceed12 feet in height. The sign shall be removed within 30 days after closing of the sale, lease orrental of the property. A building pennt is required and shall be issued for a one-year period.The pennit is renewable for one-year increments up to a maximum of three years.

(è (ç On-site residential neighborhood or multifamily complex for sale or rent sign shall belimited to one sign per development. The sign shall not exceed 32 square feet in area, and shallnot exceed 12 feet in height. A building pennit is required and shall be issued for a one-yearperiod. The pennit is renewable annually for up a maximum of three years.

(d) Other real estate signs are regulated pursuant to WMC 21.20.130(8).(o)Off site directional signs for residcntial developments shall be limited to siK signs. Each sign

shall not exceed 16 square feet in area, and shall include only the name of and dircctions to thesubdivision. The sign(s) shall be placed a maKimum of two miles from the nearest residentialde','elopment entrancc. No two signs for one residential development shall be located closerthan 500 feet from one another on the same street. 1\ single building pennt is required for allsigns and shall be issucd for a one year period. The pennt number and the pennt eKpirationdate must be clearly displayed on the face of each sign. The pennt is renewable for one yearincrements up to a maximum of three years; provided, that extensions will only be granted ifthe sign pennit applicant has complied ','lith the applicable regulations.

(f) Residcntial on premises infonnational signs shall be limited to one sign per feature including butnot limited to signs for infonnation centers, model homes, parking areas arnouncing featuressuch as parks, playgrounds, or trails. Each sign shall not exceed 16 square fcet in area, and shollnot exceed six fect in height.

(6~) Community Event Signs.(a) Community event signs shall be limited to announcing or promoting a nonprofit sponsored

community fair, festival or a special event.(b) Community event signs may be displayed no more than the time period specified in the

temporary use pennt issued pursuant to WMC 21.44.

(c) Community event signs shall be removed by the event sponsor within 72 hours following theend of the community fair, festival or a special event.

(d) On-premises and off-premises signs for recuITing community events, such as fanners' markets,may be allowed annually by pennt. Such signs shall be removed by the event sponsor within24 hours following the end of the event, and may be erected again no more than 24 hoursbefore the next event.

(+Q) Street Banners Anouncing Community Fairs, Festivals, and Special Events.(a) Street banners shall be limited to announcing or promoting a nonprofit sponsored community

fair, festival, or a special event.(b) Street banners shall be pennitted only within the Central Business District and Tourist Business

zones at approved locations.

(c) Street banners may be displayed no more than 30 days and shall be removed within five daysfollowing the end of the community fair, festival, or a special event. It shall be theresponsibility of the event sponsor to remove the street banner or the City will remove suchbanner and retain the application deposit.

(d) The event sponsor shall provide a certificate of insurance evidencing commercial generalliability insurance as described in the street banner application fonn provided.

19

Exhibit 9

(e) The event sponsor shall submit site placement and street banner mounting plans andspecifications with the application. The minimum street clearance of the banner is 18 feet abovethe street.

(8) Ga-age or Yard Sale Signs.(a) Signs are limited to providing direotion. to a household sale.(b) Sign foce area may be up to four square feet.(o) Signs must display the follov;ing:

(i) l\ddress of sole looation;(ii) Dates of solo.

(d) Up to six signs may be placed on site of tho sale and/or in nearby publio rights of way with amaximum of advertising for six sales per housohold por year.(i) Signs placed in publio rights of woy must be self supported by a stoke or similar devioe.(ii) Signs may not be attached to utility poles, traffc signs, or street/public trees.(iii) Signs shall be no higher than 12 inches at the highest point, as mcasured from the street

grade to the top of the sign. Plocement of the sign shall not create o hazard to the publio byobstruoting the view or passage of pedestrians, cyclists or motorists.

(iv) The City may remove signs when obstructing or preventing City scheduled maintenance orwe(e) Garage or yard sale signs may be displayed for up to three days.(t) Signs must be remo','ed within 21 hours after the sale.(g) Sign violations are subject to civil penalties and shall be assessed as follows:

(i) On the first offense, an order to remove the sign immediately shall be served in writing tothe OVl'er, tenant and/or other person responsible for the condition; failure to remove thesign within the time specified shall result in issuance of o notice of civil penalty '.'lith apenalty not to exceed $25.00. The person to which the notice is issued shall have the rightto appeal pursuant to 'NMC 1.06.090.

(ii) The second or subsequent offense shall result in issuance of an immediate notice of civilpenalty not to exceed $100.00. The person to which the notice is issued shall have the rightto appeal pursuant to 'NMC 1.06.090.

(iii) If the required oOlTective worlc is not completed within the time specified, the Director mayproceed to abate the violation and cause the 'Nork to be done. The Director ',vill charge thccosts thereof as a personal obligation of any person who is in violation.

(7) Portable signs in residential zones. Portable signs that display infonnation regarding real estate,garage sale. or other events are penntted in all residential zones subiect to the followingrequirements. Portable signs in the Tourist District Overlav shall also be subject to WMC 21.38.065and WMC 21.32 for special event requirements.(a) Pennt not required. A pennit is not required for portable signs.(b) Number of signs pennitted. Up to six (6) portable signs per destination may be penntted.( c) Location. Portable signs may be located on property owned or controlled by the sign owner or

in the public right-of-way, subiect to the following requirements:(i) Portable signs may not be located in a street. on a sidewalk. or where they would obstruct

vehicular, bicycle or pedestrian traffic.(ii) Portable signs may not be placed on public property other than public rights-of-way.(iii) Portable signs may only be placed in residential zones.(iv) Portable signs shall not block the sight distance triangle pursuant to WMC 21.12.200(v) Portable signs placed in public rights-of-way shall:

1. Not create a traffic safety or maintenance problem; the City may remove and dispose ofany signs that do create a safety or maintenance problem.2. Be freestanding.3. Not be attached to any structure or vegetation.4. Not be attached to utility poles, traffc signs, or street signs.

20

Exhibit 9

(d) Size. All portable signs are limited to a maximum six (6) square feet of sign area. Signs mayhave no more than two (2) sign faces. Two-sided signs may each display up to six (6) squarefeet on each face.

(e) Height. All portable signs are limited to a maximum height of three (3) feet.(f Duration of display. Portable signs may be displayed only during the hours of the event plus an

additional half an hour before and after the event to place and remove the signs. It is theresponsibility of the sign owner to remove the sign outside the hours of the event. The Citymay remove any portable sign that is displayed outside the operation hours of the event.

(g) Limitations.(i) Portable signs shall be nonilluminated.(ii) Portable signs in residential zones are intended to provide directions to events within

residential zones. Commercial uses are not permtted within the residential zones. Portablesigns in the residential zones are prohibited from displaying a service or product.

(iii) No landscaping may be damaged or modified to accommodate a portable signs. The Citymay require replacement of any damaged landscaping.

(h) Appearance and maintenance. Signs shall be constructed of durable materials by a personskilled in the art of graphic design and shall be well maintained.

(i) Failure to comply with requirements of this chapter. Portable signs that do not comply with theprovisions of this section may be confiscated by the City. Signs that are confiscated are subjectto immediate disposaL. Sign owners that do not comply with the requirements of this chaptermay be subject to the code enforcement procedures pursuant to WMC 1.06.

(8) Portable signs in commerciaVoffce zones. Portable signs in commercial or offce zones arepermtted subiect to the following requirements. Portable signs in the Tourist District Overlay shallalso be subject to WMC 21.38.065 and WMC 21.32 for special event requirements.(a) Pennit required. Portable signs shall be subject to an annually renewable pennit.(b) Number of signs permtted. One (1) sign per premises is pemùtted.(c) Location. Portable signs shall be located within five (5) feet of the building entrance for the

business the sign is advertising. Portable signs may be placed within public right-of-way onlywhere the building entrance is located on the property line. Portable signs may not be placed ina street. Portable signs placed within public right-of-way shall not block pedestrian or bicycletraffc. Portable signs shall not block the sight distance triangle pursuant to WMC 21.2.200.

(d) Size. All portable signs are limited to a maximum six (6) square feet of sign area. Signs mayhave no more than two (2) sign faces. Two-sided signs may each display up to six (6) squarefeet on each face.

(e) Height. All portable signs are limited to a maximum height of three (3) feet.(f Duration of display. Portable signs may be displayed only during the hours of operation of the

establishment. It is the responsibility of the sign owner to remove the sign when theestablishment is not open to the public. The City may remove any portable sign that isdisplayed outside the operation hours of the establishment.

(g) Limitations.(i) Portable signs shall be noniluminated.(ii) No landscaping may be damaged or modified to accommodate a portable signs. The City

may require replacement of any damaged landscaping.(h) Appearance and maintenance. Signs shall be constructed of durable materials by a person

skiled in the art of graphic design and shall be well maintained.(i) Failure to comply with requirements of this chapter. Portable signs that do not comply with the

provisions of this section may be confiscated by the City. Signs that are confiscated are subi ectto immediate disposaL. Sign owners that do not comply with the requirements of this chaptermay be subiect to the code enforcement procedures pursuant to WMC 1.06 and may result inrevocation of the sign pennit.

(i Administrative variance.

21

Exhibit 9

(i) An administrative variance, decided by the Director, shall be available for those propertiesthat can meet the following requirements:1. The variance criteria in WMC 21.44.040 shall be used to detennne if the variance is

warranted.2. If the applicant can demonstrate that the variance criteria have been met, the following

regu1ations may be modified by the Director: number, location, and/or height of signs.3. This administrative variance shall be considered a Type I pennt, and shall be exempt

from the project pennt procedures in WMC 17.09.(9) Portable signs in Industrial zones. Portable signs in Industrial zones that display information regarding

commercial businesses or services are penntted in Industrial zones subject to the followingrequirements. Portable signs in the Tourist District Overlay shall also be subject to WMC 21.38.065 andWMC 21.32 for special event requirements.

(a) Permit required. Portable signs shall be subject to an annually renewable pennt.(b) Number of signs permitted. Two (2) signs per premises are penntted.( c) Location. Portable signs may be placed in the industrial zones in conformance with the

following requirements:

(i) Portable signs may be placed within public right-of-way.(ii) Portable signs may not be placed in a street or on a sidewalk.(iii) Portable signs placed within public right-of-way shall not block pedestrian, bicycle or

vehicle traffc.

(iv) Portable signs may not be placed on public property other than public rights-of-way. (v)Portable signs shall not block the sight distance triangle pursuant to WMC 21.12.200.

(d) Size. All portable signs are limited to a maximum six (6) square feet of sign area. Signs mayhave no more than two (2) sign faces. Two-sided signs may each disp1ay up to six (6) squarefeet on each face.

( e) Height. All portable signs are limited to a maximum height of three (3) feet.(£ Duration of display. Portable signs may be disp1ayed only during the hours of operation of the

establishment. It is the responsibility of the sign owner to remove the sign when theestablishment is not open to the public. The City may remove any portable sign that isdisplayed outside the operation hours of the establishment.

(g) Limitations.(i) Portable signs shall be noniluminated.(ii) No landscaping may be damaged or modified to accommodate a portable signs. The City

may require replacement of any damaged landscaping.(h) Appearance and maintenance. Signs shall be constructed of durable materials by a person

skilled in the art of graphic design and shall be well maintained.(i) Failure to comply with requirements of this chapter. Portable signs that do not comply with the

provisions of this section may be confiscated by the City. Signs that are confiscated are subjectto immediate disposaL. Sign owners that do not comply with the requirements of this chaptermay be subject to the code enforcement procedures pursuant to WMC 1.06 and may result inrevocation of the sign permit.

21.20.140 Nonconforming signs.

(1) Signs in existence at the effective date of this chapter that do not comply with the standards of thischapter shall be deemed legally nonconforming and may continue to exist.

(2) Legal nonconforming signs may be removed for cleaning and routine maintenance, i.e., changing oflighting and wiring. Legal nonconforming signs may continue to exist, except as noted in subsections(3) through (8) of this section.

(3) Any legal nonconforming sign (except a bilboard) that undergoes a name change or a change to 20percent or more of the text, form, colors, content, or structure shall be brought into conformanceimmediately.

22

Exhibit 9

(4) Any legal nonconfonnng sign that is damaged in excess of 50 percent of the original value of the signshall be brought into conformance immediately, or removed within 90 days.

(5) Any legal nonconfonnng sign that is relocated or replaced shall be brought into conformanceimmediately, or removed within 90 days.

(6) If a business ceases to operate, all existing nonconfonnng signs associated with the business shall beremoved by the property owner within 90 days. If the business had signage on a mall sign or buildingor related structure, the surface or facade or structure at the previous location of the nonconfonnngsign(s) shall be repaired at the time of nonconfonnng sign removaL.

(7) A nonconfonnng sign, when being an accessory to a business operation which changes its use orlocation, shall no longer be considered a legal sign and shall be removed within 90 days.

(8) Billboards.(a) New billboards are not pennitted.(b) Existing billboards are subject to the following:

(i) Except as provided in subsections (8)(b )(ii) and (8)(b )(iii) of this section, billboards shall notbe altered with regard to size, shape, orientation, height, advertising method or functionsuch as three dimensionaL moving or lighted display or location. Such alteration shall resultin an illegal nonconfonnng status, and the billboard shall be removed within 90 days of thealteration.

(ii) Removal of a billboard shall require the issuance of a demolition pennt. The demolitionshall be completed within 90 days ofpennt issuance.

(iii) Ordinary and necessary repairs that do not change the size, shape, orientation, height,advertising method or function such as three dimensionaL moving or lighted display, orlocation of billboards shall not require a pennt. Billboard copy replacement may occur atany time and does not require issuance of a pennt.

(iv) Any billboard that is damaged in excess of 50 percent of the original value of the sign shallbe removed within 90 days.

(v) Any billboard that is relocated or replaced shall be removed within 90 days.

23

Attachment B

Woodinville Chamber of CommerceRecommended Changes to Sign Code for 2008

and 2009 docket

. Summary of July 22, 2008 meeting

. Summary of August 19, 2008 meeting

. Summary of August 26, 2008 meeting

24

Attachment B

Recap of Sign Code Chamber Committee MeetingJuly 22,2008

Attendees:Rod Balsley, Woodinville Wine AssociationMark Carlson, MolbaksJohn Erdman, Woodinville Chamber of CommerceToren Heald, Wedgewood RealtyBarbara Kelson, Apple Farm Village, LLC

Holly Matson, Ascentia WineAndrew Max, RE/max and Health Moves, PLLCHal Hart, City of WoodinvilleRay Sturtz, City of WoodinvilleErin Martindale, City of Woodinville

Comments:The meeting generated comments that are summarized into three categories: 1) Revisions to the draftedsign regulations with the 2008 docket; 2) Changes/refinements to the wayfnding sign program; and 3) Signcode issues that will need to be placed on the 2009 docket:

Revisions to the drafted sign regulations with the 2008 docket1. In general, the sign code as drafted was acceptable with a few revisions.

2. Review the prohibition on balloons, blow-up displays and other similar displays to make sure theyactually are prohibited.

3. Event a-boards in residential zones:a. Allow up to 6 a-boards in residentiaL. That many may be needed in the R-1 zone.b. Change the language to be per destination instead of sign owner or event.

Changes/refinements to the wayfinding sign program1. There are 28 wineries at 190th and 144th that are directly impacted by the 2008 docketed sign code

regulations. Some directional signage is needed. The Chamber suggested a wayfinding sign thatallows wineries to self-place their signs when they are open.

LOGO WINRY NAME Open --

2. Re-Iook at the colors of the signs (current colors blend into landscape and are hard to see)3. Allow the names of the individual wineries on the signs.

25

Attachment B

4. Need better gateway signage (Tourist District, North Industrial, Woodinville-Snohomish Road), toget people from SR 202 or SR 522 to the area, and then use other types of wayfinding sign to getthem to individual business.

5. Review the definition of "tourist" in the program to make sure it is legally defensible and doesn'tlead to non-tourist related businesses getting on the sign.

6. How a-boards are treated in the program should be reviewed.7. The wayfinding program should tie in wine, agriculture and the arts so that all of these types of

businesses are supported.

Sign code issues that wil need to be placed on the 2009 docket1. The infrastructure for street banners needs to be put into place. The infrastructure should be at

specified locations (gateways) and have easy installation outside of the street/sidewalk.2. Special events:

c. There are five City events that need signage. They include Passport, St. Nicks, Wine

Highway, Harvest Fest and Celebrate Woodinville. There is concern that these events will berestricted in signage with the 2008 sign code amendment. Staff was asked to work with theParks and Recreation Department to determine the signage needs.

d. In the Tourist District there is concern that the new sign regulations will limit properties fromplacing "No event parking" signs when St. Michelle has a concert or there are other events.While these types of signs would be permitted/required under the special event permit, this willneed to be reviewed to make sure the special event permits actually will allow them, or comeup with alternative language to allow them.

e. The Fall Festival has flags that identify the location of that day's event. How would these beimpacted by the sign code changes, if at all? OR, are they currently prohibited and how canthey be allowed?

f. The fees for these types of signs should be reviewed and waiving the fees for these types of

signs looked at.3. Address signs that are destroyed by storm events and then must come into conformance.

4. Mall signs are too small to fi all the tenants.

5. Special event business signs (WMC 21.20.130(2)) are currently allowed 14 days at a time, 4 timesper year. Can we change this to a maximum number of days per year and allow a year-long permit

(with specific dates of display to streamline the permitting)?6. Signs on vehicles that are parked off-premise should be prohibited (may already be).

7. Review existing signs and nonconforming sign regulations.

26

Attachment B

Recap of Sign Code Chamber Committee MeetingAugust 19, 2008

Attendees:John Erdman, Woodinville Chamber of CommerceToren Heald, Wedgewood RealtyBarbara Kelson, Apple Farm Village, LLCLucy DeYoung, Simpson Hawley Properties

Andrew Max, RE/max and Health Moves, PLLCHal Hart, City of WoodinvilleErin Martindale, City of Woodin vi lie

Comments:The meeting generated comments that are summarized into two categories: 1) Revisions to the draftedsign regulations with the 2008 docket; 2) Sign code issues that will need to be placed on the 2009 docket.

Revisions to the drafted sign regulations with the 2008 docket1. Make sure the draft is enforceable and that it is enforced.2. Remove the limitations for residential zone portable signs based on days. Broker's open houses

are on Tuesdays and Wednesdays.3. Look into an annual permit requirement for portable signs. Mill Creek was given as an example.

Put conditions on operations on the permit.4. Look into need for amortization for portable signs.5. Remove the requirement for a professional production of the portable signs.

Sign code issues that wil need to be placed on the 2009 docket1. A major issue is that the sign code is hard to understand. Some types of signs are not defined

(perimeter signs). A holistic look at the sign code is needed, instead of a piecemeal approach.2. All properties and all businesses need an opportunity for signage. The preference is for

monument/mall signs, not portable signs.3. Garage sale signs should be prohibited. Community kiosks should be installed instead that allow

residents to post these types of signs.4. Make sure holiday decorations are exempt from the sign code.5. Address the mixed use buildings need for open house signs.

6. Research using a master signage plan for multi-tenant buildings.7. There was discussion on requiring design review for signs. The preferable method was to have

clear standards that are administratively administered.8. Look into tying business registrations to qualifying for business portable sign.9. The last meeting included a discussion of 5 events that should be exempt from the permit

requirements. Other events, hosted by non-profits, should also be exempt.10. Wayfinding Sign Program - include wine, agriculture, the arts, breweries. Address the cost of the

signs. Look at using barrels (wine) to place the signs.11. Look at the use of City flower pots and flags. They were used in the past but not presently.

Monument/Mall SiqnsThere were several suggestions regarding mall signs, which are summarized here:

1. The mall sign sizes are too small for several properties, including Wallace, Pony, Taco Bell, TRF,and office complexes. Removing the limit could create a traffic hazard if the size of the signs is notlarger. The minimum letter size (4 inches) is too small to read from a vehicle. Look at limiting thenumber of spaces to the number of potential tenants.

27

Attachment B

2. Business parks need directory/monument sign age or more signs allowed to: 1) get people to theright building, and 2) to get people to the right suite.

3. Height of monumenUmall signs should be low to stay under street trees.4. The number of monumenUmall signs may need to be increased, if the size isn't5. Don't regulate how the mall signs are used (size per tenant, big versus 2).6. Allow one extra monument sign for a larger anchor tenant.7. Determine mall sign size by the square footage of the building, not the linear frontage of the street.

28

Attachment B

Recap of Sign Code Chamber Committee MeetingAugust 26, 2008

Attendees:John Erdman, Woodinville Chamber of CommerceToren Heald, Wedgewood RealtyBarbara Kelson, Apple Farm Village, LLCLucy DeYoung, Simpson Hawley PropertiesMark Carlson, Molbaks

Rod Balsley, Woodinville Wine CountryHal Hart, City of WoodinvilleRay Sturtz, City of WoodinvilleErin Martindale, City of Woodinville

Comments:The meeting generated comments that are summarized into two categories: 1) Revisions to the draftedsign regulations with the 2008 docket; 2) Sign code issues that will need to be placed on the 2009 docket.

Revisions to the drafted sign regulations with the 2008 docket1. Separate the Commercial zones and the Industrial zone in the regulations.2. Commercial zone: 1 sign per tenant within 5' of the building entrance. Permit required with annual

renewal.3. Industrial zone: 2 signs per tenant. Allowed in right-of-way (cannot block pedlvehicle access or

sight distance). Permit required with annual renewaL.

4. Until the Wayfnding Sign Program is updated to allow the type of signs previously discussed, allowadditional portable signs in the Industrial zone. After the Wayfinding Sign Program is updated andworking, then limit Industrial portable signs the same as in Commercial zones.

5. Use a sunset clause or another legal mechanism to compel a re-Iook at the portable signs in theIndustrial zone.

6. Leave the number of residential portable signs at 6, and then address this if and when it becomesan issue.

7. No permit requirement for residential portable signs.8. Allow an administrative variance process that would allow businesses to have additional signage or

place their signs further from the building, due to circumstances of the location of their buildingentrance.

9. Establish the fee for the Commercial and Industrial portable signs that also funds the enforcement

of these regulations.10. Proactive enforcement is essential.

Sign code issues that will need to be placed on the 2009 docket1. Overall goal: Attractive City, Responsible Signage.

2. Need to establish the timeline for the 2009 sign code review.3. Need directional signs to get people back out to SR 522.4. Must address the mixed use residential real estate signage needs. Will need to be careful to treat

all commercial speech the same in each zoning district.5. The for sale/for lease signs in the commercial zones are too large.6. Employment signs are treated differently in the code. Relook at this.7. Look at requiring a central "for sale" area for multi-family and mixed use buildings to cut down on

the number of real estate signs.

29

Attachment B

Comments Received on Sign Code Amendments

. Colette Bolyen letter dated September 21, 2004

. Toren Hearld email dated July 22, 2008

. Barbara Kelson email dated August 14, 2008

. Rod Balsley (William Church Winery) email dated

August 18,2008

30

Attachment B

September 21, 2004

Woodinville City Halt17301 . 133rd Ave NEWoodinville, W A 98072

To: Mayor Don BrochaDeputy Mayor Cathy VonWaldChuck Prce

Michael HuddlestonScott HagemRober MiUer

Gina LeonardPete Rose, City ManagerRay Stur, Plannin birector

Re: A-board Ordinance

First and foremost, I would like to express my appreciation at your wilingness to hearmy concer regardig the cUIent restrctions on A-board signage at the WoodinvìleCity Council meeting on September 13, 200. As I described at lhe Council meeting, ram a small business owner in Woodinvile. r must have the A-board sign, as mybusines has no visibility in any diretion without them. Every business owner inWoodinviie doesn't have optimal street ftntage an with out A-boar signage, it is veryhard for the public to see where my Hai Salon is located.

Many communities have similar dilemma's with A-board signs and have been able towork with the business communty to fid a solution tht works for everyne, thoughregulation. 1 am looking to cooperate with the City on tts issue and comply withregulations that the City puts it place, but r must agan emphasize that completelydenying this tye of signage to small businesses oan and wil have devastating effects on

our ability to generate business. I am hoping this wil satsfy al1 pares, including thepublic and the business community. The following are some suggestions for possibleregulations:

i. That aU "A" signage be built by a professional company.2. That all "A" signage be charged a yealy rate. my suggestion would be $100.00 persign per year. Not to exc~d the constituted number that the city sees fit for anyonebusiness, as in multiple signs.3. That all "A" signage be brought out each monùng and must be taen in each night.4. That all "A" signage be placed no fuer onto the sidewal as to hider a wheelchairfrom passing by.5. That all "A" signage must nor restrct visibìlty for any motorist. on comers etc.6. That aU "A" signage should be no smaller then a stadar i:ize, but there should be alimit on how big they can be as well.

31

Attachment B

7. That all "A" signage wi1lhave a code nwnber on them for regulationpUTposes of a size that compliance can be identtfied easily.

I've received an endorsement &om the Woodiville Chamber ofConuerce regarding thsmatter and also have included other endorsement signtures in ths letter trom businesses

in Woodinvile who feel that they to would be greatly effected if A-boards remai ilegalin Woodinvile.

I am hopeful that you will reconsider and remand the restrcttons that are inplace on the It A It sign ordiruce. Again, than you for your tie and consideration.

Sincerely,

Colette BolynOwer, Colette & Co. Salon

Endorsements

32

Attachment B

From: Toren Heald (mailto:Toren(§wedgewoodre.com)Sent: Tuesday, July 22, 2008 5:54 PMTo: Erin Martindale

Subject: Sign code

Hi Erin,

Nice to meet you today at the sign code meeting and look forward to working with you on this paneL.

Just a thought that I had this evening driving through downtown in regards to real estate A boards. Not so muchcurrently but as Woodinville grows we are planning to have more mixed use zoning and those residential portions ofthat will subject to business district sign regulations. Just food for thought.

'Tren Jfará ærok.p / Owner

Cell (206) 669-1247T oren~WedQewoodRE.com

33

Attachment B

From: William Church Winery (mailto:wiliiamchurchwinery(gcomcast.netJSent: Monday, August 18, 2008 10:37 PM

To: John ErdmanSubject: Re: Sign Code Meeting

John,

I have read the documents several times and deedless to say they are somewhat confusing. My input is;

- I don't see any reference to A-Boards in the new document. i saw A-Boards crossed out, but not surewhat that means?

- The wayfinding sign issue needs to be laid out and documented. i would like to see a series ofwayfinding signs throughout the city not just in one or two locations, but many more than there are today.I would like the city layout for visitors so they can easily move from place to place.

- I would recommend that A-Board signs on public areas can be replaced when a Wayfinding system is inplace, but not until!

- I think the use off directional driving signs ( like Passport / St.Nick's A-board directional) need to beincluded in the document and with no limit to the number. The idea is to move the people who come tothe events through the town without causing traffic problems.

My thoughts

Rod

34