.50? provides for a Type VI process ORDINANCE NO

Transcription

1 .50? ORDINANCE NO AN ORDINANCE OF THE CITY OF NEWCASTLE, WASHINGTON, AMENDING CHAPTER TITLED DEVELOPMENT STANDARDS- SIGNS, OF THE NEWCASTLE MUNICIPAL CODE INCREASING COPY HEIGHT IN THE OFFICE, NEIGHBORHOOD BUSINESS, COMMUNITY BUSINESS, MIXED USE, AND INDUSTRIAL ZONES, ALLOWING ONE MARKETING AND TWO CONSTRUCTION IDENTIFICATION SIGNS AT EACH DEVELOPMENT, AND ALLOWING ONE BANNER FOR EACH DEVELOPMENT; PROVIDING FOR SEVERABILITY;AND ESTABLISHING AN EFFECTIVEDATE. WHEREAS, pursuant to the provisions of Chapter 35A.63 of the Revised Code of Washington (RCW)and Chapter 36.70A RCW, the Newcastle City Council has adopted the Newcastle Comprehensive Plan and Newcastle Municipal Code; and WHEREAS, Newcastle Municipal Code , related to zoning code amendments; and provides for a Type VI process WHEREAS, a Type VI process is completed by the City Council without a recommendation from the Planning Commission; and WHEREAS,an Environmental Checklist for the proposed amendment, a non project action, was prepared pursuant to RCW 43.21C, WAC , and City of Newcastle Municipal Code Chapter 19.13, and a Determination of Non Significance(DNS)was issued; and WHEREAS,the City Council has considered the proposed amendment and public comment received and makes the following findings: A. The amendments are consistent with the purpose of the comprehensive plan; The amendments are consistent with the purpose of NMC Title 18, Zoning; There have been significant changes in circumstances to warrant a change; The benefit or cost to the public health, safety and welfare is sufficient to warrant the action; NOW, THEREFORE,THE NEWCASTLECITYCOUNCIL ORDAINS AS FOLLOWS: Section 1. Findings of Fact. The recitals above, represented by each "Whereas" clause, are incorporated by this reference as Findings of Fact as if fully set forth herein. Section 2. Amendment. Section of the Newcastle Municipal Code, entitled Temporary Signs, is hereby amended to read as follows:

2 Temporary signs. If not specified in this section, temporary signs or displays shall be limited to the sign type and dimensional standards of the zoning district in which the sign is to be placed. Portable signs shall be allowable sign types provided they are A-frame, or similar sturdy construction, sign types and meet the other requirements of this chapter. Unless specifically stated in this section, sign permits are not required for temporary signs. The following temporary signs or displays are permitted as follows: A. Grand Opening Displays. 1. Signs, posters, banners, pennants, strings of lights, blinking lights, balloons and searchlights are permitted for up to 30 consecutive days to announce the opening of a new enterprise or an enterprise under new management; 2. The location of such signs shall comply with the standards for the placement of signs as found under the general sign requirements of this chapter. B. Temporary Commercial Signs. Any use, in a nonresidential zoning district, is allowed one portable on-site or off-site sign, provided: 1. The surface area of the sign does not exceed four square feet per side; 2. The sign is placed in the immediate area of the use s main building entrance, whether on private property or within a public right-of-way; 3. The sign is placed only during the use s hours of operation; and 4. The sign does not interfere with general pedestrian movement in the pedestrian clear zone, vehicular movement or parking, or obstruct a sight clearance area. C. City Events and Displays. 1. Signs shall be non-illuminated; 2. Signs shall be removed within 60 days; and 3. Sign location complies with the general requirements of this chapter. D. Garage/Yard Sale Signs. 1. One on-premises and three off premisessigns are allowed per sale; 2. Off-premises signs shall only be allowed in Residential (R) Zones; 3. Single or doub e faced signs. Maximum three square feet per sign face; 4. Signs shall not be placed for a period exceeding three days;

3 5. Placement of off premisessigns shall comply with the general requirements of this chapter. E. Construction/Development Signs. Construction signs identifying architects, engineers, planners, contractors or other individuals or firms involved with the construction of a bui ding(s) or subdivision may be displayed as follows: 1. Sign(s) may only be placed after preliminary plat approval or preliminary site plan approval; 2. Two non-illuminated, single- or double-faced signs each with a total sign face surface area not to exceed 32 square feet are permitted for each public street frontage of the site; 3. No sign shall exceed 10 feet in height; 4. No sign shall be located closer than 15 feet from the property line of the adjoining property; except for flagpole parcels which may be located within five feet of adjoining property lines; 5. Signs must be removed by the date of 75 percent occupancy of the units or one year after placement of the sign, whichever occurs first; 6. Permits for construction signs are required. Permits expire after one year but additional permits may be applied for after the first year. F. Political Signs. 1. Single or double-faced signs are allowed. No sign face shall exceed six square feet in surface area for on premises signs or three square feet for off premises signs. 2. On premises political signs, posters or bills are permitted in all zoning districts. Allon-premises political signs, posters or bills shall comply with the dimensional and location requirements of the zoning district in which located. 3. Political signs, posters or bills within the public right of-waymay be displayed from the closing date for filing for an election until 14 days after the general election, except that, after a primary election, candidates not advancing to the general election shall remove their signs within 14 days after the primary election. Political signs within private property have no removal time period, provided such signs conform to all other provisions of this chapter. 4. Political signs in the right of-wayshall comply with the standards for the placement of signs as found under the general sign requirements of this chapter.

4 G. Real Estate Signs. 1. Allexterior real estate signs must be made of rigid/durable material. 2. Single-Family Residential "For Sale/Lease/Rent Signs. On-premises be limited to: signs shall a. One single- or double-faced sign, with riders, per street frontage. In no case shall the total surface area for the sign and riders exceed six square feet in surface area per side; b. The sign must be placed on the property for sale or in the periphery of the right of wayabutting the property, provided the placement of such sign does not violate any other requirement of this chapter. The sign may remain up until the property sale closes or the property rents. 3. Multifamily Residential "For Sale/Lease/Rent Signs. On-premises be limited to: signs shall a. One single or double facedsign per street frontage. In no case shall any single sign face exceed 12 square feet in surface area; b. The sign must be placed on the property for sale. The sign may remain up until the property sale closes or the property rents. 4. Residential Off-Premises "Open House /"Directiona Real Estate Signs. Offpremises signs advertising an open house shall be limited to: a. Four single or double-faced signs. In no case shall any single sign face exceed four square feet in surface area. b. Signs advertising the same property must be spaced a minimum of 60 feet apart, unless they are advertising for the same multifamily development. c. Placement of off premisessigns is permitted only during daylight hours and when the seller or their representative is in attendance at the property for sale or rent. cl.placement of off premises signs is permitted within the periphery of a public right-of-way, provided placement complies with the requirements of this chapter. 5. Development Marketing Signs. Development marketing sign(s), as outlined below, may only be placed after preliminary plat approval or site plan approval;

5 a. One non i uminated, single- or doub e faced sign with a total sign face surface area not to exceed 32 square feet is permitted for each public street frontage of the site provided: i. No sign shall exceed 10 feet in height; ii. No sign shall be located closer than 15 feet from the property line of the adjoining property; except for flagpole parcels which may be located within five feet of adjoining property lines; iii. Signs must be removed by the date of 75 percent occupancy of the units or one year after placement of the sign, whichever occurs first; and iv. Permits for development marketing signs are required. Permits expire after one year but additional permits may be applied for after the first yeah b. One non-illuminated single or doub e faced banner meeting the following criteria: i. The total number of banners shall not exceed one for any use at any one period of time; ii. The permitted area for a banner shall be no more than 24 square feet per face with the total sign area not to exceed 48 square feet; iii. Signs must be removed by the date of 75 percent occupancy of the units or one year after placement of the sign, whichever occurs first; and iv. Permits for development marketing signs are required. Permits expire after one year but additional permits may be applied for after the first year. A property owner or their representative with more than one house open in a single development or subdivision may have four open house/directional signs plus one additional sign per each additional property, subject to the regulations above, for the entire development or subdivision. 5. Undeveloped/Developed Commercial/Industrial Property For Sale/Lease/Rent Signs. Signs advertising undeveloped/developed or industrial property shall be limited to: commercial a. On premises signs only, except for properties with no public street frontage whereby one off-premises sign shall be allowed. Off premises signs on public property are subject to city approval. b. One single or double facedsign per street frontage. Maximum sign surface area of 16 square feet per face.

6 c. Signs may be displayed only while the property is for sale or rent. d. Iffreestanding, the sign may not exceed five feet in height and shall be located more than 15 feet from any abutting interior property line. e. Allother sign types shall be regulated under the specific zoning district sign regulations in which the sign is to be placed. Section 3. Amendment. Section O of the Newcastle Municipal Code, entitled Of?ce and Neighborhood Business Zone Signs, is hereby amended to read as follows: Office and Neighborhood Business Zone Signs. Signs in the O and NB zones shall be limited as follows: A. Each parcel, with its associated use, is allowed a combination of one freestanding sign and any allowable building-mounted signs and window signs as provided in this chapter. In cases of multi tenant structures (two or more separate units) on a single parcel, the structure shall be allowed one freestanding sign in accordance with this chapter and each individual unit within the multi tenant structure(s) is allowed only a combination of building-mounted and window signs as provided in this section. B. Building-Mounted Signs. 1. Nonresidential Uses. Wall signs and/or any combination of allowable buildingmounted signs for nonresidential uses are permitted provided all buildingmounted signs do not total an area more than 10 percent of the nonresidential building facade area on which they are located; and do not project more than one foot from the surface in which they are mounted, unless specifically approved as a projecting sign; 2. A multifamily residential use within a mixed use structure shall be allowed one building-mounted residential identification sign per street frontage, provided no single sign exceeds 32 square feet. C. Freestanding Signs. 1. Freestanding signs shall only be monument type signs. 2. One sign not exceeding 30 square feet per sign face or cabinet is permitted for each street frontage of the parcel the use is located, provided corner parcels with a street frontage of less than 100 feet on each street shall be permitted only one freestanding sign. 3. On parcels where more than one freestanding sign is permitted, the sign area permitted for individual freestanding signs may be combined into one on site sign not to exceed 50 square feet per sign face.

7 4. Mu ti tenant structures on an individual parcel of land are allowed a maximum of 50 square feet of sign surface area per face. 5. The maximum height for freestanding signs shall be five feet using the measurement method established in this chapter. D. Permanent window signs are permitted provided: 1. Such signs do not cover more than 10 percent of the ground floor window area of the building facade on which they are located. 2. Illuminated window signs are limited to two signs per storefront window area for each individual tenant/unit. 3. Each illuminated window sign(s) shall not exceed three square feet in size. 4. Illuminated window sign size shall be calculated using the copy area calculation method in this chapter. E. Sign copy shall not exceed 18 inches in height. Multiple lines of copy are allowed provided such fit within the permitted sign surface area. F. Directories/Informational Kiosksor Community Bulletin Boards. 1. Signs of this type are allowed for multi-tenant structures with more than six units, and shopping plazas, provided: a. The total surface area of all sign faces does not exceed 40 square feet. In no case shall any single face exceed 20 square feet. b. Copy used on directories/informational more than two inches in height. kiosks shall be limited to no c. No more than 25 percent of the total surface area of the sign shall display commercial messages. d. The sign is set back at least 25 feet from the right-of way, unless otherwise approved by the director. 2. Directories/informational kiosks which provide weather protection or seating for pedestrians, and as approved by the director, shall be allowed an additional 10 square feet per face, but in no case shall all faces of the sign exceed a total surface area of 60 square feet. Section 4. Amendment. Section of the Newcastle Municipal Code, entitled Community Business, Industrial and Mixed Use Zone Signs, is hereby amended to read as follows:

8 Community Business, Industrial and Mixed Use Zone Signs. Signs in the CB, I and MU zones shall be limited as follows: A. Each parcel, with its associated use, is allowed a combination of one freestanding sign and any allowable building-mounted signs and window signs as provided in this chapter. In cases of shopping plazas or mu ti tenant structures (two or more separate units) on a single parcel, the structure shall be allowed one freestanding sign in accordance with this chapter, and each individual unit within the multi-tenant structure(s) is allowed only a combination of building-mounted and window signs as provided in this section. B. Building-Mounted Signs. 1. Nonresidential Uses. Wall signs and/orany combination of allowable buildingmounted signs for nonresidential uses are permitted provided all buildingmounted signs do not total an area more than 15 percent of the nonresidential building facade area on which they are located; and do not project more than one foot from the surface in which they are mounted, unless specifically approved as a projecting sign; 2. A multifamily residential use within a mixed use structure shall be allowed one building-mounted residential identification sign per street frontage, provided "nosingle sign exceeds 32 square feet. C. Freestanding Signs. 1. Freestanding signs in all zones shall only be monument type signs; 2. One sign not exceeding 30 square feet per sign face, plus an additional 20 square feet per sign face for each additional business in a multip e tenant structure but not to exceed 50 square feet per sign face total, is permitted for each street frontage of the parcel, provided corner lots with a street frontage of less than 100 feet on each street shall be permitted only one freestanding sign; 3. On parcels where more than one freestanding sign is permitted, the sign area for individual freestanding signs may be combined into one on-site sign not to exceed 50 square feet per sign face; and 4. The maximum height for freestanding signs shall be five feet using the measurement method established in this chapter, except for shopping plaza signs, in which case the maximum height shall be as outlined in subsection (F) of this section. D. Permanent window signs are permitted provided: 1. Such signs do not cover more than 10 percent of the ground floor window area of the building facade on which they are located.

9 2. Illuminated window signs are limited to two signs per storefront window area for each individual tenant/unit. 3. Illuminated window signs shall not exceed three square feet in size. 4. Illuminated window sign size shall be calculated using the copy area calculation method in this chapter. E. Directories/Informational Kiosks or Community Bulletin Boards. 1. Signs of this type are allowed for mu ti tenant structures with six or more units and shopping plazas, provided: a. The total surface area of all faces does not exceed 40 square feet. In no case shall any single face exceed 20 square feet. b. Lettering and symbols used on directories/informational kiosks shall be limited to two inches in height. c. No more than 25 percent of the total surface area of the sign shall display commercial messages. d. Thesign is set back at least 25 feet from the right of way, unless otherwise approved by the director. e. There is only one sign per street frontage. 2. Directories/informational kiosks which provide weather protection or seating for pedestrians, and as approved by the director, shall be allowed an additional 10 square feet per face, but in no case shall all faces of the sign exceed a total surface area of 60 square feet. F. Shopping Plazas. 1. Each shopping plaza may have one freestanding sign which shall not exceed a maximum sign cabinet height of: a. Five feet when located on streets with speed limits below 35 miles per hour. b. Six feet for shopping plazas with 10 or fewer tenants when located on streets with speed limits 35 miles per hour or higher. c. Eight feet for shopping plazas with 11 or more tenants when located on streets with speed limits 35 miles per hour or higher.

10 2. Each shopping plaza may have one freestanding sign not to exceed a surface area of: a. Fifty square feet per sign face for shopping plazas under 10 units; or b. Sixty foursquare feet per sign face for plazas with 10 or more tenants. 3. An additional freestanding sign may be allowed when a site has frontage on more than one street or has more than 300 feet of frontage on a single street. Such sign shall have: a. A maximum surface area of 50 square feet per sign face; and b. A maximum sign cabinet height of five feet. 4. Shopping plazas are allowed banners on private internal light poles, provided: a. Such banners do not individually exceed 16 square feet per face; b. Banners do not encroach into or over public right of way; and c. Do not display commercial messages; only shopping plaza name identification may be displayed. G. Mu ti Tenant Structure(s). Multi tenantstructure(s) in the Community Business Zone not meeting the definition of a shopping plaza may have a maximum of 50 square feet of sign area per sign face. Such mu ti tenant structure(s) may have a maximum sign cabinet height of five feet. Multi tenantstructures are allowed to place banners on private light poles internal to the property, provided: H. Copy Height. 1. Such banners do not individually exceed eight square feet per face; 2. Banners do not encroach into or over public right-of-way; and 3. No display of commercial messages, only structure name identification may be displayed. 1. Sign copy for permitted freestanding and building signs shall not exceed: a. Eighteen inches in height within Industrial and Mixed Use zones; and b. Eighteen inches in height in the Community Business (CB) zone, unless the criteria in NMC (H)(2), below, are met.

11 2. Sign copy for any permitted bui ding mounted signs shall not exceed a height of 30 inches in the CB zone, provided the building facade on which the sign is to be located is: a. Set back more than 150 feet from the public right-of-way; b. Has a facade over 100 linear feet wide; and c. is visible from the public right-of-way. 3. Multiple lines of copy are allowed provided such fit within the permitted sign surface area. Section 5. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be preempted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 6. Effective Date. This Ordinance shall take effect and be in full force five (5) days post passage and publication. ADOPTED BYTHE CITYCOUNCILat its Regular meeting on Tuesday, September 4, Q ). ich Crispo, Mayor Sar McMil on, City Clerk APPROVED AS TO FORM Dawn F. Reitan, City Attorney FILEDWITH CITYCLERK: O ADOPTED BYTHE CITYCOUNCIL: O9-O PUBLISHED: EFFECTIVEDATE: O ORDINANCE NO VOTE: 7-0