3. To minimize the possible adverse effects of signs on nearby public and private property.

Transcription

1 Signs. A. Purpose. The purpose of this section is to prescribe standards for the location, design, illumination, height and size of all types of signs within the city of Edgewood in order to protect the unique natural beauty and small town character of the city, our primary assets. This section also intends: 1. To encourage the effective use of signs as a means of communication for the convenience of the public by preventing their over-concentration, improper placement and excessive size. 2. To maintain and enhance the aesthetic environment while promoting creativity and the city s ability to attract sources of economic development and growth. 3. To minimize the possible adverse effects of signs on nearby public and private property. 4. To protect and enhance the small town character of the city by requiring new and replacement signage which is: a. Creative and distinctive; b. Compatible with its surroundings; c. An integral component of the style and character of the building to which it relates; d. Appropriate to the type of activity to which it pertains; e. Expressive of the identity of individual proprietors or of the community as a whole; and f. Appropriately sized for its context. 5. To enable the fair and consistent enforcement of these sign restrictions. 6. To promote the private purposes of signs. 7. To preserve and protect the public health, safety and general welfare. B. Scope. The primary intent of this section shall be to regulate signs viewed from any vehicular or pedestrian public right-of-way. This section shall not relate to building design, nor regulate the following: 1. Official traffic or government signs; 2. The copy and message of signs; 3. Signs not intended to be viewed from a public right-of-way;

2 4. Window displays; 5. Product dispensers and point of purchase displays; 6. Scoreboards on athletic fields; 7. Flags of any nation, government or noncommercial organization; 8. Gravestones; 9. Barber poles attached to buildings and less than four feet in height; 10. Religious symbols; 11. Commemorative plaques; 12. Any display or construction not defined herein as a sign. C. General Provisions. It shall hereafter be unlawful for any person to erect, place, or maintain a sign in the city of Edgewood except in accordance with the provisions of this section. D. Definitions. For the purpose of this section, the following definitions apply (illustrations are for example only): Administrator means the city manager or designated representative. Area. See Sign, area of. Awning means a shelter projecting from and supported by the exterior wall of a building constructed of nonrigid materials on a supporting framework. Back-lit awning. See Sign, electric awning. Balloon means a decorative inflatable device, generally composed of a thin layer of latex or mylar, into which a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere (see Inflatable advertising device ). Banner means any temporary sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edge. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners. Berm means a landscaped elevation formed of earth, sand, or stone. Billboard means a preprinted or handpainted changeable advertising copy sign which directs attention to businesses, commodities, services, or facilities which are not primarily sold, manufactured, or distributed from the property on which the sign is located. The term billboard

3 includes both the structural framework, which supports the billboard, and any billboard faces attached thereto (see Sign, off-site ). Building. See Structure, EMC Canopy (building) means a rigid multi-sided structure covered with fabric, metal or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities. May be illuminated by means of internal or external sources (compare with marquee ). Canopy (freestanding) means a rigid multi-sided structure covered with fabric, metal or other material and supported by columns or posts embedded in the ground. May be illuminated by means of internal or external sources. City, unless the context clearly discloses a contrary intent, means the city of Edgewood. Community and cultural services/education use type refers to establishments primarily engaged in the provision of services that are strongly associated with community, social, or public importance. Educational services are provided by public, private, or parochial institutions (see city of Edgewood zoning code for typical uses). Community service or civic event means an event (such as a food feast, concert, fun run, and/or meeting) sponsored by a private or public organization, including a school, church or civic fraternal organization, not primarily for the purpose of selling or promoting merchandise or services. Copy means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. Electronic message center. See Sign, changeable copy, electrically activated. Elevation, building means a drawing showing the vertical element of a building exterior as a direct proportion to a vertical plane.

4 Facade means the exterior face of a building, which is the architectural front, sometimes distinguished from the other faces by elevation of architectural or ornamental details. Festoons means a string of ribbons, tinsel small flags, or pinwheels. Flag means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem, or for decoration. Frontage means the measurement of the length of the property line along a public right-ofway. Height (of a sign) means the vertical distance measured from the highest point of the sign to the grade of the adjacent street or the surface beneath the sign, whichever is less. Inflatable advertising device means an advertising device that is inflated by some means and used to attract attention, advertise, promote, market, or display goods and/or services. These devices include large single displays or displays of smaller balloons connected in some fashion to create a larger display. Kiosk means a freestanding sign, which may have a round shape or which may have two or more faces and which is used to provide directions, advertising, or general information. Legal nonconforming means: 1. A sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations. 2. A sign which does not conform to the sign code requirements, but for which a special permit has been issued (see subsection (AA) or (EE) of this section). Lot means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area, and developed upon as a unit. The term shall include tracts or parcels. A parcel of land legally defined on a subdivision map recorded with the county assessor s office or a parcel of land defined by a legal record or survey map.

5 Maintenance means cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic design or structure of the sign. Mansard means a four-sided roof having a double slope on all sides, with the lower slope much steeper than the upper. Mansard (false) means a roof-like facade architecturally comparable to a building wall. Marquee means a permanent roof-like structure or canopy made of rigid materials supported by and extending from the facade of a building (compare with Awning ). Multiple building complex means two or more structures on the same lot where those structures are physically separate and do not share a common wall. Multiple tenant building means a single structure housing two or more of the following establishments: office, residence, industry, or commercial business. Mural means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business, product, service, or activity. Nameplate means a nonelectric, on-site identification sign giving only the name, address, and/or occupation of an occupant or group of occupants. Neon (outline tubing) means a sign consisting of glass tubing filled with neon gas, or other similar gas, which glows when electric current is sent through it. Nonconforming sign means any sign that does not meet the requirements of this code. Nonprofit organization means as defined by state under code 501(C)(3). Obsolete means no longer active or in use. Occupancy means the portion of a building or site(s) owned, leased, rented, or otherwise occupied for a given use. Owner means a person recorded as such on official records. For the purposes of this section, the owner of property on which a sign is located is presumed to be the owner of the sign unless

6 facts to the contrary are officially recorded or otherwise brought to the attention of the administrator, e.g., a sign leased from a company. Parapet means the extension of a false front or wall above a roofline. Person means any natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other person or combination acting as a unit, with legal rights and duties, whether acting by themselves or by a servant, agent, employee, or guardian. Pole cover means a cover enclosing or decorating poles or other structural supports of a sign. Roofline means the top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys, or minor projections. Seasonal or special event decorations means temporary (60 days or less) decorations or displays, when such are clearly incidental to, and are customarily or commonly associated with, any national, local, or religious celebration. Sight distance zone means the area of a corner lot closest to the intersection, which is kept free of visual impairment to allow full view of both pedestrian and vehicular traffic. Such an area is established by marking a point at which the two curb lines intersect, measuring back 25 feet on each street front, and drawing a line across the two back points to form a triangulated area. No signs or visual impairments are allowed in this zone. Sign means any device, structure, fixture, lighting, or placard using graphics, symbols, and/or written copy for the primary purpose of identifying, providing directions, or advertising any establishment, product, goods, services, or events. Sign, abandoned means a sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity. Sign, animated means a sign or display manifesting either kinetic or illusionary motion occasioned by natural, manual, mechanical, electrical, or other means. Animated signs include the following types (also see and note difference from changeable sign):

7 1. Naturally energized means signs whose motion is activated by wind or other atmospheric impingement. Wind-driven signs include flags, banners, pennants, streamers, spinners, metallic disks, or other similar devices designed to move in the wind. 2. Mechanically energized means signs manifesting a repetitious preprogrammed physical movement or rotation in either one or a series of planes activated by means of mechanically based drives. 3. Electrically energized means illuminated signs whose motions or visual impression of motion is activated primarily by electrical means. Electrically energized animated signs are of two types: a. Flashing signs means illuminated signs exhibiting a preprogrammed repetitious cyclical interruption of illumination from one or more sources in which the duration of the period of illumination (on phase) is either the same as or less than the duration of the period of darkness (off phase), and in which the intensity of illumination varies from zero (off) to 100 percent (on) during the programmed cycle. b. Illusionary movement signs means illuminated signs exhibiting the illusion of movement by means of a preprogrammed repetitious sequential switching action in which illuminated elements of the sign are turned on or off to visually simulate the impression of motion, characteristic of chasing, running, blinking, oscillating, twinkling, scintillating, or expanding and contracting light patterns. Sign, Area Of. 1. Projecting and freestanding means the area of signs shall have only one side of any doubleor multiple-faced sign counted in calculating its area. The area of a sign shall be measured as follows if the sign is composed of one or more individual module: A polygon of not more than eight sides shall be drawn around and enclosing the perimeter of each module. The area shall then be summed and totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing, decorative roofing, support structures, etc.; provided, that there is no written advertising copy on such embellishments. 2. Wall sign means the area shall be within a single, continuous perimeter composed of any rectilinear geometric figure that encloses the extreme limits of the advertising message. If the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the total sign area shall be calculated by measuring the area within the perimeter of each symbol or letter. The combined areas of the individual figures shall be considered the total sign area. Sign, awning means a sign painted on, printed on, or attached flat against the surface of an awning.

8 Sign, blade. See Sign, ground. Sign, changeable copy means a sign whose informational content can be changed or altered by manual or electric, electro-mechanical, or electronic means. Changeable signs include the following: 1. Manually activated means signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered by manual means. 2. Electrically activated means signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display surface composed of electrically illuminated or mechanically driven changeable segments. This includes the following two types: a. Fixed message electronic sign means not an animated sign. b. Computer controlled variable message electronic signs means signs whose informational content can be changed or altered by means of computer driven electronic impulses. Minimum delay shall be set at two seconds. Sign, electrical means a sign or sign structure in which electrical wiring, connections, or fixtures are used. Sign, clearance of means the smallest vertical distance between the grade of the adjacent street, highway, or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade. Sign, construction means a temporary sign identifying an owner, tenant, architect, contractor, subcontractor, lender, and/or material supplier participating in construction on the property on which the sign is located. Sign, electric awning means an internally illuminated fixed space-frame structure with translucent, flexible, reinforced covering designed in awning form and with graphics of copy applied to the visible surface of the awning. Sign, face means the area of a sign on which the graphics, letters, figures, symbols, trademark or written copy is placed. Sign, face of means the area of a sign on which the copy is placed. Sign, flashing. See Sign, animated, electrically energized. Sign, freestanding means a sign supported permanently upon the ground and not attached to any building.

9 Sign, government means any temporary or permanent sign erected and maintained by the city, county, state, public utility, or federal government. These signs provide for traffic direction or for designation of, or direction to, any school, hospital, historic site, or public service, property or facility, or provide public information. Sign, ground means a sign which is anchored to the ground similar to a pylon or freestanding sign, but which has a monolithic or columnar line and which maintains essentially the same contour from grade to top. Height and setbacks are to be the same as for freestanding signs. Sign, identification means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified (see Nameplate ). Sign, illegal means a sign that does not meet the requirements of this code and which has not received legal nonconforming status. Sign, illuminated means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. Sign, incidental means a sign generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as No Parking Entrance, Loading Only, Telephone, and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental. Sign, legal nonconforming means: 1. A sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations.

10 2. A sign which does not conform to the sign code requirements, but for which a special permit has been issued (see subsection (AA) or (EE) of this section). Sign, marquee means any sign attached to or supported by a marquee structure. Sign, monument means a ground-mounted fixed sign. The base (not included in the sign surface area calculation) is attached to the ground as a wide base of solid construction. Sign, multiple-faced means a sign containing more than one face, not necessarily in back-toback configuration. Sign, off-site means a sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which said sign is located, e.g., billboards or outdoor advertising. (A billboard is considered a preprinted or handpainted changeable copy sign which directs attention to businesses, commodities, services, or facilities which are not primarily sold, manufactured, or distributed from the property on which the sign is located. The term billboard includes both the structural framework which supports the billboard and any billboard faces attached thereto.) Sign, off-site directional means a sign that provides directional assistance to find an incorporated religious institution, public school, government agency, or public space. Sign, on-site directional/informational means an on-site sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment, but no advertising copy, e.g., parking or exit and entrance signs. May contain a logo; provided, that the logo may not comprise more than 20 percent of the total sign area. Sign, on-site means a sign that pertains to the use of the site on which it is located. Sign, painted wall means any sign that is applied with paint or similar substance on the surface of a wall. Sign, pole or pylon means freestanding signs supported permanently upon the ground by poles or braces and not attached to any building. Sign, political means a temporary sign used in connection with a local, state, or national election or referendum. Sign, portable means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building.

11 Sign, projecting means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign. Sign, real estate means a temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale. Sign, roof means any sign erected over or on the roof of a building (see Mansard and Sign, wall ). Sign, rotating. See Sign, animated, mechanically energized. Sign, sandwich board means a sign consisting of two essentially equal faces, positioned at an angle subtending less than 179 degrees. (See Sign, V. ) Sign, seasonal sales means any sign used to advertise a sale of merchandise or other items during a particular holiday season including seasonal fireworks or Christmas holiday sales.

12 Sign, shared means one sign serving multiple adjacent properties or businesses. Sign, snipe means a temporary sign or poster affixed to a tree, fence, telephone pole, public bench, streetlight, public property, or public right-of-way, except government signs. Sign, special event means temporary signs or banners used to announce a circus, carnival, festival, or other similar events to include city-sponsored events. Sign, subdivision identification means a freestanding, monument, or wall sign identifying a recognized subdivision, condominium complex, or residential development. Sign, temporary means a sign not constructed or intended for long-term use or not permanently attached not to exceed 60 days per calendar year. Sign, tenant directory means a sign for listing the tenants or occupants and suite numbers of a building or center. Sign, time and temperature means any sign that displays the current time and temperature.

13 Sign, under-canopy means a sign suspended beneath a canopy, ceiling, roof, or marquee. Sign, V. See Sign, sandwich board. Sign, wall means a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the sides or edges. This definition includes painted, individual letter, and cabinet signs, and signs on a false mansard. Sign, warning means any sign which is intended to warn persons of prohibited activities such as no trespassing, no hunting, and no dumping. Sign, window means a sign installed inside a window or door, and intended to be viewed from the outside. Site means a lot, parcel, tract, or combination of lots, parcels, or tracts on which a regulated activity is proposed or applied or a parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate. Use means the purpose for which a building, site, sign, or structure is intended, designed, occupied, or maintained.

14 E. Penalties. Unless otherwise specified by the Edgewood Municipal Code (EMC), anyone who violates the provisions of this section shall be punished pursuant to the general penalty provision set forth in Chapter 1.10 EMC. F. Appeals. Any administrative decision concerning the interpretation of enforcement of this section shall be subject to the appeal procedures applicable to Type II decisions as outlined in this title. G. Conflict. If any portion of this section is found to be in conflict with any other provision of any zoning, building, fire, safety, or health codes of the city, the more stringent standard shall apply. H. Severability. If any section, subsection, sentence, clause, or phrase of this section or its application to any person or circumstance is held invalid by the decision of any part of a competent jurisdiction, the remainder of the regulations or the application of the provision to other persons or circumstances shall not be affected. I. Compliance. The regulations for compliance with the provisions of this title are set forth in EMC , Scope and compliance. J. Liability. This section shall not be construed as relieving or lessening the responsibility of any person owning, building, altering, constructing, removing, or moving any sign in the city for damages to anyone injured or damaged, either in person or property, by any defect of action therein. Nor shall the city or any agent thereof assume the liability by reason of issuance of a permit or inspection authorized in this section or a certificate of inspection issued by the city or any of its agents. This code is enacted for the protection and benefit of the public and is not intended to benefit or protect any specific individual or group of individuals. K. Signs Prohibited. The following types of signs are prohibited in all zones: 1. Abandoned signs; 2. Search lights (except by temporary use permit for a once per year event maximum); 3. Pennants, festoons, balloons, and inflatable advertising devices (except as allowed in subsection (M)(3) of this section); 4. Signs imitating or resembling official traffic or government signs or signals; 5. Snipe signs; 6. Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying said sign (this does not apply to allowed portable signs or to signs or lettering on buses, taxis, or vehicles operating during the normal course of business); 7. Off-site signs;

15 8. Roof signs; 9. Flashing signs; 10. Illusionary movement signs; 11. Any sign or advertising structure or supporting structure that is torn, damaged, defaced, or destroyed (see subsection (O) of this section, Maintenance); 12. Portable or temporary changeable copy signs used as permanent signs. L. Permits. Unless otherwise provided by this section, no sign shall be erected, altered, or relocated without the approval of the administrator. Unless otherwise provided by this section, all signs shall require permits and payment of fees as described in the city of Edgewood fee schedule, except: 1. Change of copy on a painted or printed sign necessitated by a change of use or business ownership. 2. Change of copy on changeable copy signs. 3. Cleaning or normal maintenance of signs. M. Signs Not Requiring Permits. The following types of signs are exempted from permit requirements, but must be in conformance with all other requirements of this section: 1. Construction signs of 32 square feet or less; 2. On-site directional/informational signs of two square feet or less in sign area; 3. Seasonal or special events decorations; 4. Banners; 5. Nameplates of two square feet or less in sign area, which are fastened directly to the building or structure; 6. Political signs not to exceed 16 square feet in sign area; 7. Public signs or notices, any sign relating to an emergency; 8. Real estate signs not to exceed 16 square feet in sign area; 9. Window signs; 10. Incidental signs;

16 11. Address identification signs with numbers and/or letters no greater than 10 inches in height, and/or conforming to fire department regulations; 12. Historical plaques on sites designated by a governmental agency; 13. Government signs. N. Abandoned and Obsolete Signs. 1. Legal conforming structural supports for obsolete signs may remain if installed with a blank sign face and supporting structures are maintained. 2. Signs abandoned for 30 days without the installation of a blank sign face and/or nonmaintained supporting structures become illegal. Following notification from the city, 30 days will be granted to bring the sign into compliance or to remove the sign and its support structure. O. Maintenance. All signs shall be properly maintained. Exposed surfaces shall be cleaned and painted if paint is required. Defective parts shall be replaced. Electrical and structural revisions or repairs require building and/or electrical permits as applicable. The administrator shall have the right to order repair or removal of any sign that is defective, damaged, or substantially deteriorated as stated in the International Building Code as adopted by the city of Edgewood (see subsection (L) of this section, Permits). P. Lighting. All lighting shall be in accordance to the current edition of the National Electrical Code. Unless otherwise prohibited by this section, all signs may be illuminated by one of the following methods: 1. Internal lighting; 2. External direct lighting, and shall be downward pointing when possible; 3. Neon. a. Signs containing neon lettering and graphics shall be limited to the same size and height limitation as other commercial signs in that zone; b. Neon may be used to outline a sign or as a graphic within a sign. Lettering height shall be limited by the ability of the lettering to be contained within the sign s size constraints; c. Flashing or animated neon signs are not allowed; d. Where Allowed. i. Residential zones: no neon signs allowed;

17 ii. Town Center zones: neon signs limited to those existing at the time of establishment of the zone (grandfathered); iii. All other Commercial zones: allowed. 4. Signs prohibited from illumination: a. Business signs in residential zones; b. Temporary signs. Q. Changeable Copy. Unless otherwise specified by this section, any sign herein allowed may use manual, automatic, or electrically or mechanically activated changeable copy. No permit is required to change copy on a legally permitted sign. R. Height. For signs in residential zones, see subsection (U) of this section. For signs in all other zones, see subsection (V) of this section. S. Sign Contractor s License. No person may engage in the business of erecting, altering, relocating, constructing, or maintaining signs without all required licenses. T. Indemnification and Insurance. 1. All persons involved in the maintenance, installation, alteration, or relocation of signs upon any public right-of-way or public property shall agree to hold harmless and indemnify the city, its officers, agents, and employees, against any and all claims of negligence resulting from such work insofar as this section has not specifically directed the placement of a sign. 2. All persons involved in the maintenance, installation, alteration, or relocation of signs upon any public right-of-way or public property shall maintain all required insurance and shall file with the state a satisfactory certificate of insurance to indemnify the state, county, and city against any form of liability. U. Signs in Single-Family (SF-2, SF-3, and SF-5) and Mixed Residential (MR-1 and MR-2) Zones. 1. Permitted Signs. a. Signs not requiring a permit (see subsection (M) of this section); b. Temporary signs: one per street frontage; c. Construction project signs shall not exceed 32 square feet in sign area per person for duration of construction project; d. Permanent Signs.

18 i. On-site directional/informational signs; ii. Nameplates: one per street frontage; iii. Window signs: one per street frontage; iv. Incidental signs; v. Two subdivision identification signs per subdivision; vi. One apartment or condominium complex identification sign; vii. Business signs: one per street frontage; viii. Off-site directional signs. 2. Prohibited Signs. a. All signs listed in subsection (K) of this section. b. Illuminated signs, except for nonprofit organizations as listed in subsection (U)(6)(a) of this section. c. Area Temporary Signs. i. Political signs shall not exceed 16 square feet in sign area. ii. Real estate signs shall not exceed 16 square feet in sign area. iii. Others not to exceed three square feet. 3. Permanent Signs. a. On-site directional/informational signs shall not exceed two square feet in area. b. Nameplates shall not exceed two square feet in area. c. Window signs shall not exceed four square feet in area. d. Incidental signs shall not exceed two square feet in area. e. Subdivision identification signs shall not exceed 24 square feet in area for each location. f. Condominium/apartment complex identification signs shall not exceed 24 square feet in sign area for each location.

19 g. Business signs are limited to six square feet. 4. Height. All allowed freestanding signs shall have a maximum height limit of six feet. Height means the vertical distance measured from the highest point of the sign to the grade of the adjacent street or the surface beneath the sign, whichever is less. All berms shall be landscaped. 5. Site Requirement Setbacks. a. Sign setback shall be a minimum of three feet from any specified line such as a lot line, public or private right-of-way, easement, future street right-of-way as identified through an official control, a buffer line, or a public right-of-way functional classification width pursuant to the Edgewood Municipal Code. b. Signage shall not be located within three feet of any sidewalk, pedestrian walkway, or bike path. c. Signs shall not be placed in the sight distance zone. 6. General Requirements. a. Community and cultural services/education and nonprofit organizations are permitted one monument sign per street frontage, not to exceed 24 square feet in sign area, set back three feet from any public right-of-way and limited to six feet in height. A changeable, manually activated sign not to exceed 18 square feet may be incorporated into the design with the total sign area not to exceed 36 square feet. Illumination is allowed. b. Construction signs may be erected 30 days prior to the beginning of construction and shall be removed 30 days following the completion of construction. c. Where occupancy is on a corner lot, a minimum sight distance zone is to be maintained. d. Political signs may be erected for no more than 10 days after an election. e. Seasonal or special event decorations and banners may be erected not to exceed 60 days. V. Signs in All Other Zones Not Listed in Subsection (U) of This Section. 1. Permitted Signs. a. All signs as permitted in subsection (U)(1) of this section. b. Monument signs, ground signs, and blade signs (freestanding). c. Wall signs. d. Under-canopy signs.

20 2. Prohibited Signs. All signs listed in subsection (K) of this section. 3. Area. a. One freestanding/monument sign, individual or shared, per parcel, per street frontage. i. A maximum sign area of 40 square feet, with an additional four square feet of sign area allowed for each additional business on site, for a maximum sign area of 48 square feet of sign area. ii. Computer controlled variable message electronic signs are not permitted. b. Wall Signage. Not to exceed 10 percent of the area of the building elevation on which the sign is to be located, excluding any part of the roof or mansard. c. Under-Canopy Signage. Shall not to exceed eight square feet in sign area per occupancy. d. Window Signage. i. A permanent window sign or the combined total area of multiple window signs shall be considered as a wall-mounted sign, and shall not exceed more than 25 percent of the window area in which they are displayed. ii. A permanent window sign or the combined total area of multiple window signs not exceeding 10 percent of the window area in which it is displayed is not counted as part of the overall calculations for wall-mounted signs. The area of these signs over 10 percent up to the maximum of 25 percent shall be included in the overall area calculations for wall-mounted signs. iii. Incidental signage shall not exceed two square feet of sign area. iv. Off-site directional signs shall be one foot by two feet in size and shall conform to off-site directional sign standards. The sign will be provided and installed by the city at the owner s expense. 4. Height. a. Freestanding Signs. i. The sign structure shall be a maximum of eight feet in height. ii. The combination of the landscaped berm or planter and sign structure may not exceed 10 feet in height above the crown of the road immediately adjacent to the sign. b. Wall signage may not extend above the outline of the building elevation on which they are mounted.

21 c. Under-canopy signage shall have a minimum clearance of eight feet to grade. 5. Site Requirement Setbacks. a. Sign setback shall be a minimum of three feet from any specified line (such as a lot line, public or private right-of-way, easement, future street right-of-way as identified through an official control, a buffer line, or a public right-of-way functional classification) pursuant to the Edgewood Municipal Code. b. Signage shall not be located within three feet of any sidewalk, pedestrian walkway, or bike path. c. Signs shall be set back three feet from any interior lot property line. d. A shared sign may be placed on the side property line, or within the side setback, when the owners of two adjacent properties enter into a written contract. e. Signs shall not be placed in the sight distance zone. f. Signs shall not be placed in a manner that obstructs ingress or egress from a driveway, or obscures the line of sight to or from a crosswalk or crosswalk waiting area. 6. Extent. a. Freestanding/monument signs: one per parcel, per street frontage. b. Wall/awning signage: one wall sign or electric awning sign per business elevation. c. Under-canopy signage: one under-canopy sign for each separate occupancy or separate entrance. d. Off-site directional signs shall be limited to four per entity. 7. General Requirements. a. Where occupancy is on a corner lot, a minimum sight distance zone shall be maintained. b. Portable and temporary signs, excluding construction and real estate signs, may be used for a total time period not to exceed 20 days in a calendar year. All portable and temporary signs must be installed in accordance with building and electrical codes. c. Political signs may be erected for no more than 10 days after the election. d. Seasonal or special events decorations and banners may be erected not to exceed 60 days.

22 W. Determination of Legal Nonconformity. Existing signs that do not conform to the specific provisions of this section may be eligible for the designation legal nonconforming provided that: 1. The administrator determines such signs are properly maintained. 2. The sign was installed in conformance with a valid permit or variance, and complied with all applicable laws on the date of adoption of this section. 3. The sign is owned by the property owner, or a business, which is an occupant of the site. 4. Any sign granted legal nonconforming status under this section shall be counted in determining any numerical limitation established by this section. X. Loss of Legal Nonconforming Status. A legal nonconforming sign may be continued and shall be maintained in good condition; provided however, that such sign shall not be: 1. Relocated or replaced. 2. Altered in any way except toward compliance with this section. This does not refer to normal maintenance. 3. Continued if the building to which the sign applies is demolished or loses its legal nonconforming status. 4. Reinstated if the sign suffers more than 50 percent damage or deterioration as based on appraisal. Y. Maintenance and Repair of Legal Nonconforming Signs. Legal nonconforming signs are subject to all requirements of Edgewood Municipal Code regarding safety, maintenance, and repair. Z. Sign Replacement Incentive Program. 1. To encourage the removal/abatement of nonconforming signs, the city establishes an incentive program to assist the owners of such signs. 2. The city will make available, on a competitive basis, the sum of $10,000 per annum to assist owners of nonconforming signs to replace signs with conforming signs. Such awards will be limited to a maximum of $2,000 per applicant and no more than five such awards will be given out in any calendar year. To be eligible, the city must receive applications for awards within three years of the adoption of this section. 3. The city shall also waive sign permit fees for new sign permits to replace nonconforming signs.

23 AA. Amortization. 1. The ultimate purpose of any zoning or land use regulation is to confine certain classes of structures to certain localities and to restrict other uses. The continued existence of those which are nonconforming is inconsistent with these goals, and therefore nonconforming structures and uses should be reduced to conformity as completely and quickly as possible without causing substantial injustice. 2. The city recognizes that, absent specific regulations, nonconforming signs may tend to flourish. It is not the city s intent that nonconforming signs continue in perpetuity. For this reason, the city is including an amortization process into this sign code. 3. The city council finds that there are reasonable alternatives to the maintenance of nonconforming signs and the periods for amortization listed below will provide the owners of existing nonconforming signs with a reasonable opportunity to obtain other alternative signs and a period to amortize the reasonable economic life and use of any existing signs. 4. Any legal nonconforming sign located in the city shall be discontinued or brought into compliance pursuant to this section no later than five years after the adoption of this section. Any legal nonconforming temporary sign (i.e., portable, banners) shall be discontinued or be brought into compliance no later than 60 calendar days from the date this section is adopted. 5. The city will provide written notice of the applicability of this amortization period and the expiration of the amortization period, as noted above, to the person responsible for said sign(s) at their last known address and provide notice to the owner of the property on which the sign is located. The city will utilize the tax assessor s office to find the latest updated address for the property owner. Said notice will be provided by mail, postmarked no later than 30 days prior to the cut-off date provided for in this section for request for consideration/extension (seven months prior to the expiration of amortization period). 6. The city has established the schedule stated in the above section with the understanding that these allowances provide a reasonable time period to recover the life expectancy of most signs. However, the city recognizes that there are special, unusual circumstances that may fall outside of those parameters. a. Any person aggrieved by the determination that a sign is subject to the amortization period and/or length of the amortization period may request a review of such application of the clause. The request for a review shall be filed with the city not later than six months prior to the expiration of the amortization period or within 30 days of the date of the city s written notice as provided in subsection (AA)(5) of this section, whichever first occurs. The hearing examiner shall hear the review. A fee will be charged based on processing costs as provided in the city fee schedule. b. The aggrieved applicant has the burden of establishing the nonapplicability of the amortization period and/or the unreasonableness of the amortization period and must provide evidence showing the particular period is unreasonable.

24 c. The hearing examiner shall consider such things as lease obligations, life expectancy of the nonconformance, depreciation and the actual amount invested in the nonconforming sign. The hearing examiner shall also consider alternative methods available to the applicant to bring the sign into compliance, including, but not limited to, the city s sign replacement incentive program. 7. The hearing examiner shall conduct a balancing of interest, considering the interest and hardship as to the applicant, and whether the hardship to the applicant reasonably overbalances the benefit that the public would derive from the termination of the nonconformance. If the hearing examiner finds that the amortization period as applied to the applicant s nonconformance would result in a greater hardship to the applicant than benefit to the public, the hearing examiner may extend the amortization time period to a point in time, where the balancing of interest would support the termination of the nonconformance. In no event should this extension of the amortization period be greater than three years. The hearing examiner may also find that the amortization period is not applicable to the sign. 8. Any appeal from the decision of the hearing examiner shall be to the Pierce County superior court and must be filed within 21 days of the date of the hearing examiner s decision. BB. Variances. 1. Any person may apply to the administrator for a variance from the requirements of this section. The sign variance shall be processed pursuant to EMC , Variances. In addition to criteria specified in EMC , Variances, for granting an administrative variance, the administrator shall also adopt findings of fact and conclusions based on findings that meet the following conditions: a. The variance does not conflict with the purpose and intent of the sign regulations. b. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon signage of other properties that have had to conform to the provisions of this section. c. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that are not contemplated or provided for by this section. d. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated. e. Alternative signage concepts that comply with the provision to which the variance is requested have been evaluated, and an undue hardship would result if the strict adherence to the provision were required. 2. Conditions may be imposed upon the application as deemed necessary by the administrator. No variance may be granted that would increase the number of signs allowed by this section or

25 allow a type of sign that is prohibited by this section. The fee for a sign variance is based on the adopted fee schedule. CC. Construction Specifications. Every sign, and all parts, portions and materials shall be manufactured, assembled, and erected in compliance with all applicable state, federal, and city regulations, the International Building Code, the Uniform Sign Code and electrical codes. DD. Application Procedure. To obtain a sign permit, the applicant shall file an application in writing. Every application shall: 1. Identify and describe the sign being permitted; 2. Describe the land where the proposed sign is to be located by legal description, sign owner, street address and parcel number; 3. Include sign drawings showing display faces with the proposed message and design accurately represented as to size, area, and proportion; 4. Provide a site plan drawn to scale containing a north arrow, location of property lines, lot dimensions, location of existing signs, and the location of the proposed sign on the site; 5. Be accompanied by the permit fee, plans, elevations, diagrams, light intensities, structural calculations, and proof of ownership of property where sign is to be located, and other material as required by the administrator; 6. If the sign application is for a freestanding or monument sign that requires landscaping, a landscape plan is required with the sign submittal; 7. If the sign application is for a freestanding or monument sign that requires a footing, a building permit is required; 8. Provide proof that both the sign installer and the business applying for a sign have current city of Edgewood business license or registration, if applicable; 9. Provide a copy of an electrical permit issued by the state of Washington; 10. Be signed by the applicant or an authorized agent of the applicant; and 11. Be signed by the owner of the property. EE. Permit Issuance, Denial, Suspension and Revocation. 1. The administrator shall issue a permit and permit sticker or tag for the erection, structural alteration, or relocation of a sign within 30 days of receipt of a complete application; provided, that the sign complies with all applicable laws and regulations of the city. In all applications,

26 where a matter of interpretation arises, the more specific definition or higher standard shall prevail. 2. When a permit is denied, the administrator shall, within 30 days of receipt of the complete application, give a written notice to the applicant along with a brief statement of the reasons for denial, citing code sections and interpretation of possible nonconformity. The administrator may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application. FF. Permit Conditions, Refunds, and Penalties. 1. If a permit is denied, the permit fee may be refunded pursuant to requirements of the International Building Code, Section 107, Fees. 2. If any sign is installed or placed on any property prior to receipt of permit, the specified permit fee shall be doubled. However, payment of the doubled fee shall not relieve any person of any other requirements or penalties prescribed in this section. GG. Inspection Upon Completion. 1. Any person installing, structurally altering, or relocating a sign for which a permit has been issued shall notify the administrator upon completion of the work for a final inspection as specified on the permit. 2. Prior to the installation of certain signs, the administrator may require an inspection at the time of issuance of a permit. HH. Violations. When, in the opinion of the administrator, a violation of the code exists, the administrator shall take abatement actions pursuant to the currently adopted Uniform Code for the Abatement of Dangerous Buildings. II. Removal of Signs by the Administrator. 1. The administrator shall order compliance with this section or, without prior notice, may cause to be removed, any sign erected or installed in violation of this section under the following circumstances: a. When a sign is illegally placed within the public right-of-way, attached to a utility pole or city traffic sign, upon public sidewalks or roadways, or on any public building or structure when such facilities are located on public property or within public easements. b. When in the sole discretion of the enforcing official a sign presents an immediate threat to public health or safety.

27 2. After the removal or demolition of a sign on private property, a notice shall be mailed to the owner stating the nature of the work and the date on which it was performed and demanding payment of the costs as certified by the administrator. (Ord ; Ord ) Streetscapes. A. Streetscapes shall be improved as specified in EMC , Design standards, EMC , Landscaping, and EMC Parking. B. The city manager or designee may modify commercial streetscape improvements requirements for structure remodeling or tenant improvements in accordance with EMC , Design standards, EMC , Landscaping, and EMC , Parking, and the following: 1. The city manager or designee may permit modification of streetscape improvements, requirements and standards when development of the required landscaping improvement(s), in the opinion of the city manager or designee, is not practical due to physical limitations of the site which are no fault of the applicant. 2. The city manager or designee may permit modification of streetscape improvement standards where the required streetscape, in the opinion of the city manager or designee, is not roughly proportionate to the impact, type, scale, and cost of the proposed development action. 3. The streetscape design alternatives shall be documented as an administrative determination. Mailing of notice to adjacent property owners potentially affected by the development regulation modifications is required. (Ord ) Tree preservation. A. This section establishes significant tree preservation for any development action or land use development to protect the treed environment within the city of Edgewood by regulating the removal of significant trees and providing incentives to preserve trees that, because of their size, species, or location, provide special benefits. Tree preservation protects and enhances critical areas, facilitates aquifer recharge, reduces erosion and stormwater runoff, and helps to define public and private open spaces. Existing residential development or single-family residences are exempt from this section. B. The requirements for tree preservation are applicable to all zoning districts and shall be provided in accordance with the requirements of each individual zoning district and the provisions of this section. In the event a permit is not required for the establishment of a use, the standards of this section still apply. C. Significant tree preservation shall be required for any development action or land use development permit. 1. A significant tree is an existing tree which: