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HomeMy WebLinkAbout111714_ra02Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Carl Smith, Director; Department of Community Development (DCD) DATE: November 17, 2014 SUBJECT: Public hearing on proposed revisions to JCC 18.30.150- Signs ATTACHMENTS: A) "Clean" version sign of the code and ordinance for adoption, without edit marks showing, with proposed amendments recommended by the Planning Commission and staff. B) Sign code with proposed amendments recommended by staff with edit marks showing. C) Sign code with proposed amendments recommended by the Planning Commission, with edits marks showing. D) Findings and recommendation by the Planning Commission. E) Public comments and response to public comments. STATEMENT OF ISSUE: To hold a public hearing and potentially take action on proposed amendments to the County's sign code, found at JCC 18.30.150. The public hearing was duly noticed in the County's newspaper of record on November 5, 2014. BACKGROUND: Revisions to the County's sign regulations at JCC 18.30.150 have been needed since 2006, when a citizen lawsuit was upheld by a Clallam County court decision that rendered a portion of the County's sign code invalid. Work on revising the sign code has proceeded intermittently since then. The latest sustained effort began in the fall of 2012. Since then the sign code has been addressed by the Planning Commission and staff at 13 public meetings. Additionally, a Planning Commission public hearing was conducted on May 7, 2014 and continued to June 18, 2014. One person made oral comments at the public hearing and the same person made written comments. Following the close of the public hearing on June 18, the Planning Commission voted 6 -0 to recommend certain sign code revisions to the Board. Subsequent to this action, staff from the Department of Community Development (DCD), Public Works, and the Prosecutor's Office, and the County Administrator worked to develop certain proposed additional amendments to the Planning Commission recommended draft. These revisions were presented at the Board briefings of August 25, and October 20, 2014. These proposed amendments are shown on Attachments B. The Planning Commission's recommended amendments are shown on Attachment C. Regular Agenda ANALYSIS The proposed amendments concern the following new or revised sections of the sign code: section 1: purpose; section 2: applicability; section 3: definitions; section 4: exemptions; section 5: prohibited signs; section 6: design standards; section 7: non - conforming signs; section 8: temporary signs; section 9: signs along state highways; section 10: substitution. The intention of the proposed amendments is stated in the new Section 1 "Purpose ": "18.30.150 Signs 1) Purpose: These regulations are intended to balance the need to protect public safety and welfare, the need for a well- maintained and attractive community, and the need for adequate methods of communication through signs. Specific objectives are: a. To allow for and encourage the effective use of signs; b. To improve and maintain traffic and pedestrian safety by reducing distractions and hazards from signs; c. To maintain public and private property values, scenic resources and `rural character" in accordance with the adopted comprehensive plan; d. To ensure that the constitutionally guaranteed right of free expression is protected. e. To disavow any regulatory distinctions or restrictions on speech based on the content of signs. No part of this Section shall be construed to favor one type of speech over another and if any provision of this Section is ambiguous, it shall be interpreted as to not regulate on the basis of speech content." Throughout the proposed amendments are provisions to protect constitutionally protected speech. These provisions are identified in sections 18 and 19 of the proposed ordinance (Attachment A). Other provisions will benefit sign users by providing for increased flexibility in the use of signs, a greater number of signs that are exempt from a permit, an expanded allowance for signs in the public right of way, (with specific limits for traffic safety and maintain aesthetics) and a limited allowance for off -site commercial signs. FISCAL IMPACT /COST- BENEFIT ANALYSIS: There is no direct fiscal impact of conducting this public hearing or adopting amendments to the sign code. RECOMMENDATION: Open the public hearing and receive public comment. Following the close of the public hearing, discuss the proposed sign code amendments and take formal action on the proposed amendments. REVIEWED BY: */. Philip Morle4lunty A inistrator Date ATTACHMENT A JEFFERSON COUNTY STATE OF WASHINGTON In the matter of amending the } Ordinance No. Unified Development Code, JCC 18.30.150 } Signs, to update certain provisions for clarity, } effectiveness and provide for constitutionally } protected speech } WHEREAS, RCW Chapter 36.70A, et seq., also known as the Growth Management Act ( "GMA "), requires that counties planning under the GMA adopt development regulations that are consistent with and implement their comprehensive plans; and WHEREAS, the Board of County Commissioners for Jefferson County, a municipal corporation of the State of Washington, (hereinafter "the Board ") constitutes the legislative body for Jefferson County; and WHEREAS, Jefferson County adopted a GMA- derived Comprehensive Plan (CP) on August 28, 1998 via Resolution No. 72 -98 and completed its required seven -year update of said Comprehensive Plan via Ordinance No. 17- 1213 -04 on December 13, 2004; and WHEREAS, the Unified Development Code (UDC) was originally adopted on December 18, 2000 as a development regulation required by the Growth Management Act (GMA), to be effective January 16, 2001; and WHEREAS, for proper citation in courts of law the UDC has been codified within the Jefferson County Code (JCC) at Title 18; and WHEREAS, the Board now amends Title 18 by the adoption of this ordinance and makes the following findings of fact: 1. In September, 2006 a lawsuit was filed in Clallam County Superior Court by a Jefferson County citizen challenging certain provisions of the sign ordinance, codified as JCC 18.30.150 Signs. The Citizen's concerns centered on alleged restrictions of free speech relating to political signs as outlined in JCC 18.30.150(2)(f). 2. In October of 2006, the Clallam County Superior Court issued an injunction preventing Jefferson County from enforcing section 18.30.150(2)(f) of the Jefferson County Code which currently states, 'Personal signs on private property displaying Page 1 Board of County Commissioners Meeting 11/1212014 Page 1 of 44 personal messages such as "yard sale" or "no trespassing" or political signs not to exceed eight square feet." On April 23, 2008, staff of the Department of Community Development (DCD) transmitted a staff report to the Planning Commission with recommendations for revising the sign code. 4. On May 8, 2008, The Planning Commission held a public hearing on proposed amendments to the sign code. Following the public hearing, the Planning Commission voted to recommend to the Board, certain amendments to the sign code. The vote for amendments was not unanimous and a "minority report" was submitted to the Board, dated May 15, 2008. 5. On May 27, 2008, the proposed amendments voted for by the Planning Commission majority were transmitted to the Board. 6. On June 16, 2008, the Board held a public hearing on the proposed sign code amendments. Following the public hearing, the Board voted to remand the sign code back to staff and the Planning Commission for additional work. 7. DCD sustained staffing losses as a result of the general economic recession that began in 2008, including a 20% reduction in their work week and permanent loss of positions, such that for several years after 2008 staff resources were not available to devote to the sign code. 8. On May 21, 2012, the Board voted to put review and revision of the sign code on the DCD's annual workplan for 2012. $10,000 was allocated from the County general fund to retain professional services for this work. 9. Following the Board action of May 21, 2012, DCD staff continued work on the sign code, under the permit application number: MLA12 -226, with the intention to improve the code to be constitutionally defensible and to add additional clarifying provisions. 10. To select a consultant, an informal "request for proposal" process was issued to three firms selected from the County's small works roster. The selected consultant was Aaland Planning Services. A contract with this firm was signed on August 13, 2012. 11. Following execution of the consultant contract, DCD staff worked with the consultant to prepare proposed revisions to the sign code. 12. On November 27, 2012, proposed revisions to the sign code were the subject of a public hearing before the Planning Commission. At the public hearing, public Page 2 Board of County Commissioners Meeting 11/12/2014 Pagel of 44 comments were received. The Planning Commission discussion at the hearing raised certain questions and the Commission requested additional information, and did not take a vote on the proposed sign code amendments. 13. In response to the comments and questions at the November 27, 2012 public hearing, the consultant prepared a memo of issues dated December 31, 2012. This concluded the consultant's work on the sign code. 14. DCD staff continued to work on potential revisions to the sign code with the Planning Commission at the regular Planning Commission meetings of February 6, March 6, May 1, June 6, July 17, August 7, October 2, November 6, and December 6, 2013; and at the regular meetings of January 15, and February 19, 2014. At the meeting of February 19, the Planning Commission reached consensus on a draft sign code to present for public hearing. 15. The SEPA Responsible Official for Jefferson County determined that existing environmental documents provide adequate environmental review to satisfy the requirements of WAC 197 -11 -600. This conclusion was memorialized via issuance of a Determination of Non - Significance (DNS) on April 16, 2014. 16. The public hearing was duly noticed and conducted on May 7, 2014. One person made verbal comments. In order to address those comments, the public hearing was held open until a future date. Following the public hearing, one written comment was received. 17. The time and date of the continuation of the public hearing was publically noticed again and the continued public hearing conducted on June 18, 2014. There were no additional oral or written comments. After closing of the public hearing, and discussion, the Planning Commission voted 6 -0 to accept findings and conclusions and recommend the sign code revisions to the Board. 18. Sign regulations, including the so- called "time, place and manner" regulations have been consistently upheld by courts if certain requirements are met. For sign regulations to be upheld as constitutional, court cases have tested them against the following principles: they need to be (1) justified without reference to the content of the regulated speech; (2) narrowly tailored to serve a significant government interest; and (3) leave open ample alternative channels for communication of information. 19. Examples of how the proposed revised sign code satisfies this three -part test include: Page 3 Board of County Commissioners Meeting 11/12/2014 Page of 44 a. The proposed sign code avoids content -based references, by removing any connection between a particular category of sign and a size limit on that sign category. Specifically any size limit for a sign will be based solely upon design standards imposed by this sign code rather than the content of a particular sign. Section 6. b. Personal signs on private property, such as "yard sale," "no trespassing" or those containing a political message no longer will have a size limit specific to that content. Those specific types of signs have been deleted from the sign code in favor of a more general category of exempt signs: "noncommercial signs on private property." Section 4(f). C. The design standards of the sign code rather than the content of the sign, will determine the maximum size allowed for a particular sign. Section 6. d. Definitions have been added to the sign code in Section 3 so as to give precision to the regulators to know and understand what is or is not being regulated and which rules apply, thus furthering the "narrow tailoring" of this sign code to serve the significant governmental interests listed in Section 1 and to also help prevent and prohibit arbitrary and capricious implementation of this code by the regulators. Section 3. e. By regulating the number, size and location of signs, this code serves numerous significant governmental interests as laid out in Section 1 of the code, among them, to improve and maintain vehicle and pedestrian traffic safety by removing distractions and hazards that might arise from signs, to maintain, where applicable, the rural character of Jefferson County, to maintain the value of public and private property and to ensure free speech is protected. Section 1. f. The proposed sign code provides "ample alternative channels for communication of information." Examples include: A greater number of types of non - prohibited signs are exempt from applying for and receiving a sign permit, although they must still comply with other applicable provisions of the code. Section (2). A greater number of types of moving signs are allowed. Section 5(c). A new limited allowance for off -site signs is provided. Section 5(d). Page 4 Board of County Commissioners Meeting 1111212014 Page4 of 44 o Signs placed on utility poles are allowed, with permission of the utility. Section 5(g) o Certain signs may be placed in the public rights of way. Section 5(h). o A new allowance for 'substitution ", whereby non - commercial signs can be substituted for any commercial or other sign allowed by the code. Section 10. o Both the number of signs, and the size of signs may be increased, upon a decision of the sign code Administrator that the increased size or number will meet criteria set out in the "purpose" section. Section 1. o Temporary signs are allowed in the public right of way. 20. The proposed sign code is consistent with the following sections of the County's Comprehensive Plan: Land Use and Rural Element: Goal: LNG 4.0: Establish and maintain the size and configuration of the County's Rural Village Centers and provide for the development of appropriately scaled commercial uses. Policy LNG 4.2: Encourage a variety of commercial, retail, professional, tourist - related, community service, cottage industry, and residential uses, including duplexes, triplexes and assisted living facilities, within the designated boundaries of Rural Village Centers (RVC) at a scale appropriate to protect the rural character of the natural neighborhood. Policy LNG 4.6: Ensure visual compatibility of Rural Village Center commercial infill development with the surrounding rural area, through the creation and implementation of community based "rural character" design and development standards. Uses within Rural Village Centers shall be scaled and sized to preserve the natural character of the neighborhood. Comprehensive Plan Appendix C — community involvement (excerpt) Rural Aesthetics: Preserving views of natural beauty is key to maintaining rural character. Development activities should at the least be buffered from view to provide visual relief. Rural Character: The size and scope of commercial developments should be consistent with the small town, rural and agricultural character. RCW 36.70A030(14) GMA definition of rural character (excemt): "...rural character refers to the patterns of land use and development established by a county in the rural element of its comprehensive plan:" Page 5 Board of County Commissioners Meeting 10212014 Page of 44 a) In which open space, the natural landscape, and vegetation predominate over the built environment.'.... 21. Numerous federal and state cases have discussed the parameters of how local governments may regulate the time, place and manner of the expression of protected free speech. These cases (and the summaries of their holdings) assisted the County in formulating this sign code: a. Metromedia. 453 U.S. at 507 -08. and 511 -12. U.S. Supreme Court. Regulating the size, height and location of signs is constitutional for promoting traffic safety and community aesthetics. For the same reasons, Billboards may be banned. b. Collier vs. the City of Tacoma, 854 P2nd. 1046 (Washington 1993). Time limits on political signs are permissible to advance aesthetic interests. C. National Advertising CO. v. Citv of Denver, 912 F.2' 405 (10`h Circuit Court Off premise signs may be banned. d. Hill v. Colorado. 530 U.S. 703. 719 -21 (2000) U.S. Supreme Court. A sign code is not content -based simply because an official must review the content of the sign to determine which provisions of the code apply. e. TWavers v. Vincent, U.S. Supreme Court. Signs are content based if speech is regulated to favor some speech or viewpoints at the expense of others. G.K. Travel v. Citv of Lake Oswego, 436 F. 3d 1064 (9`h Circuit Court) 2006. Exemptions from code requirements for certain categories of signs (for instance public signs, legal notices, hospitals, etc) are not content- based, and instead are based on certain types of speakers, and not the speech. Page 6 Board of County Commissioners Meeting 11/12/2074 Page of 44 g. Linmark Associates Inc., v. Township of Willingboro. 431 U.S. 85 (1977) U.S. Supreme Court Local government may not prohibit temporary real estate signs in residential areas as it unduly restricts the flow of information. h. South Suburban Housing Center v. Greater South Suburban Bd. of Realtors. 935 F.2nd 868 (7' Circuit Court) 1991. Restrictions on the size, placement and number of realty signs were upheld to protect aesthetics of community. 22. The Board concurs with the Planning Commission recommendations. including certain revisions as proposed by staff since the Planning Commission made its recommendation, and finds that MLA12 -226 (sign code amendments) is consistent with the Growth Management Act, the County Comprehensive Plan, County -wide planning policies. However, since proposed revisions to the sign code have been made by staff since the planning Commission Public hearing, without public input, the Board finds that an additional public hearing is warranted and such public hearing has been conducted prior to adoption of this Ordinance. 23. Adoption of this sign code by the Jefferson County Board furthers and promotes the health, welfare and general safety of the citizens of this county and is hereby enacted pursuant to the general police power granted by the State Constitution to all local governments. NOW, THEREFORE, the Board of County Commissioners for Jefferson County, Washington, in regular session assembled, does hereby ordain as follows: Section One: Jefferson County Code ( "JCC ") Section 18.30.150 is hereby repealed in its entirety and replaced with a new Section 18.30.150, which is made Attachment "A" to this Ordinance. Section Two: If any portion of the new text of JCC 18.30.150 is held to be unconstitutional or otherwise unlawful by a court of competent jurisdiction, the remainder of JCC 18.30.150, as adopted here or as hereafter amended, shall remain valid and in full force and effect. Section Three: This Ordinance shall become effective upon adoption. Page 7 Board of County Commissioners Meeting 11/12/2014 Page of 44 Approved and signed this Seal: Attest: Erin Lundgren Clerk of the Board Approved as to Form Only: David Alvarez Deputy Prosecuting Attorney Page 8 day of November, 2014. JEFFERSON COUNTY BOARD OF COMMISSIONERS John Austin, Chairman Phil Johnson, Member David Sullivan, Member Board of County Commissioners Meeting 11/1212014 Page of 44 Attachment A 18.30.150 Signs. 1) Purpose: These regulations are intended to balance the need to protect public safety and welfare, the need for a well- maintained and attractive community, and the need for adequate methods of communication through signs. Specific objectives are: a. To allow for and encourage the effective use of signs; b. To improve and maintain traffic and pedestrian safety by reducing distractions and hazards from signs; c. To maintain public and private property values, scenic resources and 'rural character' in accordance with the adopted comprehensive plan; d. To ensure that the constitutionally guaranteed right of free expression is protected. e. To disavow any regulatory distinctions or restrictions on speech based on the content of signs. No part of this Section shall be construed to favor one type of speech over another and if any provision of this Section is ambiguous, it shall be interpreted as to not regulate on the basis of speech content. 2) Applicability: No sign shall hereafter be erected or used for any purpose or in any manner except as permitted by the regulations of this Section or as specified elsewhere in this code. All non - exempt signs shall be subject to review and approval and may require issuance of a sign permit and or a building permit by the Administrator according to a Type I permit approval process as specified in Chapter 18.40 JCC. 3) Definitions: a ) "Abatement' means to repair, fix, rebuild, demolish and or remove any sign or sign structure to remove any feature that is non - compliant with this Section. b) "Abandoned sign" means any sign that, for a period of more than six (6) months, no longer correctly identifies, exhorts, or advertises any person, business, product, event or activity conducted or available on or off the premises on which the sign is located. c) "Administrator" means the Planning Manager of the Jefferson County Department of Community Development or his /her designee. d) 'Banner Sign" means a temporary sign composed of lightweight, flexible, non -rigid material either enclosed or not enclosed in a rigid frame. e) 'Billboard sign" means any outdoor sign containing advertising which is not related to any use or activity on the premises on which the sign is located, but not including directional signs as defined in this title. f) "Commercial sign" means signs that exhort a viewer to patronize a business. g) "Community signs" mean signs which identify a recognized community or unincorporated place. Board of County Commissioners Meeting 1111212014 Page 9 of 44 h) "Directional sign" means a sign which serves solely to designate the location of any place, area, organization, or businesses, whether on premises or off - premises. i) "Changing message sign" means a type of "moving sign ", where only the display of words, symbols, graphics or images can be electronically or mechanically changed by remote or automatic means, and where the image and /or message remains fixed for at least 3 seconds, and where only the changing message exhibits movement and where the brightness or illuminance of the sign does not exceed 0.3 foot - candles above ambient light as measured during the night between the hours of 10:00pm to 2:OOam using a foot - candle meter at a preset distance depending on sign size. The measuring distance in feet shall be determined by the product of the square root of the sign area and one hundred In addition, illuminated moving signs with changing messages shall be equipped with automatic dimming technology which automatically adjusts brightness due to ambient light conditions. j) ) "Event signs' means signs and banners promoting public festivals, community or special events, and grand openings. k) "Foot- candle" means a unit of luminance or illumination, equal to one lumen incident per square foot. 1) "Freestanding sign" means a sign which is supported by one or more permanent uprights, pole or braces to the ground and which is not connected to a building. Freestanding signs include "monument signs', meaning a sign attached to a solid base measuring 50% or more of the total sign width and which connects the sign to the ground. m) "Governmental sign" means a sign installed or placed by any political subdivision, municipal corporation orjunior taxing district of the State or any entity having taxing authority granted to it by state statute. n) "Hand held sign" means a sign held or worn by a person. o) "Moving sign" means signage that exhibits movement, including inflatable structures, fluttering material, revolving or moving parts or lights to provide motion or the optical illusion of motion, animation or changing images. Moving signs may employ one or more of the following methods to provide motion or the illusion of motion: (a) naturally occurring energy, such as the wind; (b) electrical energy, (c) mechanical energy, or (d) human power. p) "Nonconforming sign" means any sign in existence within the County on the date of adoption of the ordinance coded in this chapter which does not conform with the provisions of this chapter, but which did conform to all applicable laws in effect on the date the sign was originally erected. q) "Noncommercial signs" means signs that do not exhort a viewerto patronize a business, including, but not limited to, political signs as that term is defined in this section. r) "On -site sign" means a sign relating, through its message and content, to an activity, use, product, or service which is available on the premises on which the sign is erected. Board of County Commissioners Meeting 11/12/2014 Page 10 of 44 s) "Off -site sign" means a sign relating, through its message and content, to an activity, use, product, or service which is not available on the premises on which the sign is erected. t) "Political sign" means any sign which serves to influence, is intended to influence, or appears to be the type of sign which is commonly erected to influence the results of an election or ballot proposition. u) "Portable sign" means any sign which is not permanently affixed to the ground or a structure or building. This definition includes movable reader boards, banners and sandwich boards that are placed so as to be seen from private property or public right -of -ways. v) "Projection sign" means a sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building. w) "Real estate sign" means a temporary sign which directs attention to the sale, lease, or rental of a particular building, property, or premises, whether located at the premises to be sold, leased or rented or not. x) "Roof base" means the point at which the walls of a building meet the roof structure, excluding any eves, parapets, cupolas, chimneys, towers, other projections, and any roof height caused by the pitch of a roof. y) "Sandwich board sign ": See "portable signs ". z) "Sign" means any object, device, display or structure, or part thereof, situated outdoors which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. Excluded from this definition are signs required by law, such as handicapped parking signs, and the flags of national and state governments. aa) "Subdivision real estate sign" means a temporary sign which directs attention to the sale, lease or rental of more than one lot, house or premise within a subdivision. bb) "Temporary sign" means a sign associated with a particular short term event or activity, such as but not limited to; community festival, parade, grand opening, garage or rummage sale, political campaign and real estate signs; which are to be removed within 10 days of when the event or activity ends. For political signs, as that term is defined in this section, Election Day shall be considered the measuring event. Temporary signs are limited to a maximum time of not more than 180 days in any one calendar year, unless otherwise noted. cc) "Wayfinding signs" means, upon its establishment by the County, a program of uniform signs that are designed, installed and maintained by the County intended to assist the public in finding goods, services, events and places. Private or publicentities may be approved to locate their messages on the Wayfinding signs, upon payment of a fee intended to defray the cost of the program. dd) "Use" means the purpose that land or building orstructures now serve or for which they are or may be occupied, maintained, arranged, designed, or intended. Board of County Commissioners Meeting 11/12/2014 Page 11 of 44 4) Exemptions: The following signs are exempt from the requirements to apply for and receive a land use sign permit or building permit; provided that exempt signs must meet all other applicable requirements of Section 18.30.150, and any other applicable requirements of JCC 18. a) Traffic and standardized public signs installed by a government entity; b) Window and merchandise displays, point of purchase advertising displays such as product dispensers, illuminated displays located inside buildings and barber poles; c) National flags, flags of a political subdivision, and symbolic flags of an institution or business; d) Legal notices required by law; e) Historic site plaques and markers and gravestones; f) Noncommercial signs on private property; g) Structures with messages or lettering affixed and intended for separate use, such as recycling containers and phone booths; h) Real estate signs; i) Signage of any kind affixed to any licensed motorized vehicle. j) Seasonal displays or decorations, which are clearly incidental and customary and commonly associated with any national or local event, occasion or holiday or religious or cultural observance. k) Murals or signs consisting solely of paint or other colored media that is applied on existing structures. 1) Portable signs. m) Temporary signs. 5) Prohibited Signs. The following signs are prohibited: a) Abandoned signs; b) Billboard signs; c) Moving signs, excepting signs where the movement is induced entirely by naturally occurring causes, such as the wind or human power and also excepting signs that display changing messages may be allowed pursuant to Section 18.30.150(6)(c). d) Off -site signs which advertise a business; except as provided in Section 18.30.150(6)(m). e) Signs or sign structures, which by coloring, shape, working, or location resemble or conflict with traffic - control signs or devices; f) Signs which impede or create a safety hazard for pedestrians or vehicular traffic; and 4 Board of County Commissioners Meeting 1111212074 Page 12 of 44 g) Signs attached to utility poles or traffic signs, except with the permission of the utility or agency. h) Signs shall not be placed in the public right -of -way, except for governmental signs, portable signs and temporary signs as defined in Section 18.30.150(3) and as further regulated in Section 18.30.150(6) and 18.30.150(8). i) Signs that are not in compliance with Section 18.30.150. 6) Design Standards. All signs must meet the following standards: a) The illumination of signs shall be shaded, shielded, or directed so the light intensity or brightness shall not adversely affect surrounding properties or public and private rights -of -way or create a hazard or nuisance to the traveling public, or to surrounding properties. b) No sign or part thereof shall consist of rotating, revolving, or moving parts; consist of banners, streamers, or spinners; or involve flashing, blinking, or alternating lights, provided that exceptions to this standard are temporary signs associated with local festivals, fairs, parades, or special events pursuant to Section 18.30.150(8)(b); moving signs where the movement is induced wholly by naturally occurring causes, such as wind or human power; and changing message signs allowed pursuantto Section 18.30.150(6)(c). c) Changing message signs are allowed only in rural commercial and rural industrial zones and must be directed away from adjacent property zoned residential or open space, including properties across a public right -of -way. No changing message sign may be located closer than 200 feet from property zoned residential or open space, as measured from the sign location to the nearest property line of the residential or open space zoned property. Only one changing message sign is allowed per property. Multitenant buildings on a single property are permitted a single electronic changing message sign. Changing message sign displays must be turned off between the hours of 10:00pm and 6:00am when located within 300 feet of a residentially zoned property. All new applications for changing message signs must be certified in writing by the sign manufacturer or installer to meet the illumination requirements of Section 18.30.150(3)(i). All existing changing message signs that are non - conforming with this Section in regards to brightness and motion must be brought into conformance with the brightness and hours of operation standards within five years of adoption of this code. d) For any uses within any rural commercial, rural industrial, resource, public or UGA land use district, the total square footage of signs shall not exceed 64 square feet; provided that any sign size may be increased up to 50% larger than the standard size, upon approval of the Administrator, based on a finding that the larger sign size is consistent with the provisions of Section 18.30.150(1). Multitenant developments may have one freestanding sign for each access point, commonly identifying the businesses within multitenant developments provided such signs total no more than 64 square feet in aggregate. The maximum aggregate size for projection signs placed on a building is limited to one percent of the floor areas of the building, except that each occupant is allowed a sign of at least two square feet. In no case may an individual occupant's sign be larger than 15 square feet. The size of signs in square footage shall be calculated by the outside dimensions necessary to frame the information displayed. Any sign projecting beyond six inches from a perpendicular wall shall be at least eight feet above grade as measured from the ground to the bottom of the sign. e) Signs for any use located in any rural residential district shall not exceed 32 square feet of total sign area, with the exception of government signs, including community signs, which shall not exceed 64 square feet; provided that, any sign size may be increased up to 50% larger than the Board of County Commissioners Meeting 1111212014 Page 73 of 44 standard size, upon approval of the Administrator, based on a finding that the larger sign size is consistent with the provisions of Section 18.30.150(1). f) Uses located in any rural commercial, rural industrial, resource, public or UGA land use districts shall have no more than two on -site signs, except as allowed in this Section for multitenant developments; provided that the number of signs may be increased upon approval of the Administrator, based on a finding that the increased number of signs is consistent with provisions of Section 18.30.150(1). In no event shall the number of signs that maybe added by the Administrator for a particular parcel exceed the lesser of four (4) signs OR the least number of additional signs that would equal or exceed one hundred percent (100 %) of the signs that may be lawfully placed at that parcel prior to the Administrator authorizing for the first time any additional signs. While an applicant may make more than one request for bonus signs, the maximum number of bonus signs available for authorization at a particular parcel shall never exceed four (4) in addition to those lawfully allowed before the Administrator authorized any bonus signs at that parcel. g) All signs shall be maintained to be structurally sound, so as to not present a public hazard. Pursuant to Section 18.30.150(5)(f), signs that present a public hazard are prohibited and shall be subject to abatement. h) The design of freestanding signs shall include measures to restrict vehicles from passing beneath them. All freestanding pole signs or projecting signs shall provide pedestrian clearance to a minimum of eight feet, as measured from the ground to the bottom of the sign, where applicable. i) No signs located on property immediately adjacent to bodies of water, other than those related to water dependent uses, such as a marina, or noncommercial signs on private property, are permitted to face waterward, excepting governmental signs and signs relating to safety concerns, such as cable - crossing, construction- dredging, fuel area, etc. j) No sign shall be placed in away as to obstruct a driver's vision of motor vehicle traffic, bicyclists or pedestrians, or traffic signs. k) Community Signs are permitted at each entrance to the community. Said signs are limited to one per entrance, and may not exceed 64 square feet in area or eight feet in height as measured from the ground to the top of the sign. Signs relating to clubs, societies, orders, fraternities and the like shall be permitted as part of the community sign. 1) Portable sandwich board signs subject to the following criteria: i) No more than two sandwich board signs may be erected per business; ii) Sandwich board signs shall not exceed three feet in width and four feet in height, from the ground to the top of the sign. iii) Sandwich board signs shall be displayed during business hours only; and iv) Sandwich board signs, where located on sidewalks, shall provide a minimum of 36" of continuous horizontal clear space between the sign and any building or the edge of the sidewalk, to provide for the free passage of pedestrian traffic. v) Sandwich board signs shall have a maximum area per side of 12 square feet. m) Off -site signs may only be allowed when they meet all of the following standards: i) Are directional in nature as defined in Section 18.30.150(3)(h). 6 Board of County Commissioners Meeting 17/12/2014 Page 14 of 44 ii) Located on private property along a major or minor arterial; iii) Located not less than 600 feet from an intersection; and iv) No larger than 32 square feet for non - commercial signs and not more than six square feet for commercial signs. Non - commercial signs, except for government signs, are limited to a maximum height above ground of 8 feet, from the ground to the top of the sign. v) Only three off -site directional commercial signs per commercial destination may be allowed; not more than 8 feet tall, as measured from the ground to the top of the sign; not more than six square feet in sign area, and located not more than 1,320 linear feet from the turn- off to the destination of the sign; and if applicable, one sign located at the nearest "T "- intersection on the same road to the commercial destination. n) Banner signs shall be no larger than 64 square feet and not placed on utility poles without the permission of the utility. Banner signs placed over roadways, including the height above the roadway, must have approval of the appropriate roadway managing agency. o) Hand held signs shall not exceed 16 square feet, provided that the size may be increased up to 50% larger than the standard size, upon approval of the Administrator, based on a finding that the larger size is consistent with provisions of Section 18.30.150(1). p) Unless otherwise stated in this Section, the maximum height in feet above the ground to the top of the sign for any sign attached to a building on any parcel of land zoned rural commercial, rural industrial, resource, public or UGA is the sum of the square root of the maximum sign size in square feet for the sign type and the land use zone as identified in this Section, plus the height of the building at the roof base. For example, for a building 20' high to the roof base and an allowable sign size of 32 square feet, the maximum sign height would be: square root of 32'= 5.6' + 20' = 25.6' above ground level. q) Unless otherwise stated in this Section, the maximum height in feet above the ground for any on -site sign not attached to a building on any parcel of land zoned rural commercial, rural industrial, resource, or UGA is 35 feet from the ground to the top of the sign. r) Unless otherwise stated in this Section, the maximum height in feet above the ground for any sign in a rural residential zone is 8 feet from the ground to the top of the sign. 7) Nonconforming Signs. Legally established signs in place prior to the adoption of these standards and not in conformance with these standards shall be considered legal, nonconforming signs, and may remain as provided below: a) Legal Nonconforming off -site signs shall be removed within five years of adoption of an ordinance establishing a "+wayfinding sign" program, which is intended to provide off -site sign locations where businesses can place signs. Until adoption of a wayfinding sign ordinance, legal non -conforming signs must be continually maintained, not relocated, and not structurally altered. Nonconforming off- site signs may be replaced by off -site directional signs as allowed in Section 18.30.150(6)(m). b) Legal Nonconforming on -site signs may remain provided they are continually maintained, not relocated, and not structurally altered. 8) Temporary Signs. Temporary signs are exempt from the requirements to obtain a sign permit, subject to the following standards: a) Temporary signs shall be limited in size to 64 square feet; except that temporary signs in the public right -of -way are subject to size and height limits of Section 18.30.150(8)(g) and shall not obstruct safe visibility of any motorist or pedestrian traffic. Temporary signs shall be secured in 7 Board of County Commissioners Meeting 11/12/2014 Page 15 of 44 their location so as to not collapse, become airborne or otherwise cause a safety hazard. Temporary signs, except for banner signs placed across roadways, and signs mounted within the public right of way, shall not exceed 8 feet in height from the ground to the top of the sign. b) Event Signs and banners promoting public festivals, community or special events, and grand openings may be displayed for up to 30 days prior to the event and shall be removed no later than 10 days after the event. The sponsoring entity is responsible for sign removal. Event signs may be located 'off- site." To ensure consistency with this Section, "event' signs subject to the requirements of JCC 8.20 shall be reviewed by the Administrator for a "special event permit'. c) Garage or rummage sale signs maybe displayed for up to seven days prior to the event and shall be removed no later than one day after the event. d) Political signs may be displayed upon the date of official filing of a candidate for elective office or upon certification by the county of a ballot measure, and must be removed not later than 10 days after the final election for the candidate or ballot measure. e) Real estate signs shall be may be displayed upon execution of a formal listing agreement between seller and real estate agent, or a listing "for sale by owner ", and removed within 10 days of either: (1) the date the new owner or lessee takes possession of the property, or (2) the date of the expiration of the listing and (3) shall not be more than 12 square feet in size and not exceed 8 feet above existing grade, as measured from the ground to the top of the sign. f) Subdivision Real Estate Sales Signs. Real estate signs advertising the sale of lots or dwelling units located within an approved subdivision shall be permitted; provided, that there shall be no more than 1 sign per subdivision entrance, and each sign shall be no greater than 32 square feet in area and no greater than 8 feet in height, as measured from the ground to the top of the sign. These signs shall be removed within 10 days following the initial sale of all lots or dwelling units within the subdivision. g) Temporary signs and portable signs in the public right -of -way, excepting governmental signs, must not exceed 4 square feet in size, not exceed 3 feet above existing grade to the top of the sign and must include the name and contact information of the party posting the sign and must be removed by the party who posted the sign or their agent not later than 10 days after the sign is no longer serving its purpose, including but not lirrited to; the end of the temporary event, festival, election, or sale. All non - governmental signs in the public right of way are limited to a maximum of 180 days per calendar year. 9) Signs along state highways. All signs along state highways in Jefferson County are also subject to any sign regulations and permit requirements established by the State of Washington 10) Substitution. Noncommercial signs are allowed in all districts and may be substituted for any sign expressly allowed under this code. G:%PLANNING\JCC - UDC - Other Codes \UDC MASTER FOLDER \Signs \Sign Code 2014 \Updated approval docs\Clean sign code w PC & staff edits 10- 27- 14.do" 0 Board of County Commissioners Meeting 11/12/2014 Page 16 of 44 ATTACHMENT B Planning Commission Recommended Sian Code Update 6118114 10/20/14 BOCC Draft with staff and BOCC edits 18.30.150 Signs. 1) Purpose: These regulations are intended to balance the need to protect public safety and welfare, the need for a well - maintained and attractive community, and the need for adequate methods of communication through signs. Specific objectives are: a. To allow for and encourage the effective use of signs; b. To improve and maintain traffic and pedestrian safety by reducing distractions and hazards from signs; c. To maintain public and private property values, scenic resources and 'rural character" in accordance with the adopted comprehensive plan; d. To ensure that the constitutionally guaranteed right of free expression is protected. e. To disavow any regulatory distinctions or restrictions on speech based on the content of signs. No part of this Section shall be construed to favor one type of speech over another and if any provision of this Section is ambiguous, it shall be interpreted as to not regulate on the basis of speech content. 2) Applicability: No sign shall hereafter be erected or used for any purpose or in any manner except as permitted by the regulations of this Section or as specified elsewhere in this code. All non - exempt signs shall be subject to review and approval and may require issuance of a sign permit and or a building permit by the Administrator according to a Type I permit approval process as specified in Chapter 18.40 JCC. 3) Definitions: a ) "Abatement' means to repair, fix, rebuild, demolish and or remove any sign or sign structure to remove any feature that is non - compliant with this Section. b) "Abandoned sign" means any sign that, for a period of more than six (6) months, no longer correctly identifies, exhorts, or advertises any person, business, product, event or activity conducted or available on or off the premises on which the sign is located- c) "Administrator' means the Planning Manager of the Jefferson County Department of Community Development or his/her designee. d) "Banner Sign" means a temporary sign composed of lightweight, flexible, non -rigid material either enclosed or not enclosed in a rigid frame. e) 'Billboard sign" means any outdoor sign containing advertising which is not related to any use or activity on the premises on which the sign is located, but not including directional signs as defined in this title. f) "Commercial sign' means signs that exhort a viewer to patronize a business. g) "Community signs" mean signs which identify a recognized community or unincorporated place. Board of County Commissioners Meeting 1111212014 Page 17 of 44 hl'bassoonat sg¢ 'means a son whkh serves wlaty to eienta a the locaboa of any tall area organization, or businesses, whether on premises or ef- premises. if °Chagirg message sign' means a type of - moving sign', where only the Moody of words, symbols, graphics or images can be electronically or mechanically changed by remote or automatic means, and where Me image anchor message remains fixed for at least 3 assurance, and where only the changing message exhibits movement and where the brightness or illuminance of Me sign dead not esceed 0.3 foot-candles above ambient light as measured during the night between the hours of f 0:O0pm o 2:00am using a Met counties meta at a preset distance depending on sign size. The measuring distance in feet shall be determined W the grodueethesquarerootof Neprmaidin thesignareaandonehundreal . Inaddhon, illuminated moving signs with changing messages shall be equippedwth aUUmatic dimming technologywh'hch autorne icaly adjusts brightness due to ambient light conditions it )'Event signs' means signs and banners promoting publicfestivala community or special events, and grand openings. kh "Foot- candle' means a unit of luminance or illumination, equal to one lumen madent per square foot. 1) - Freestanding sign'means a sign which is supported ay anentup�gbts, pole or braces to the ground and which is not connected to a building. Freestanding sons include whiMCOginga th si ntothd rail rl "gGOVernmental sion' means a sign installed or placed by any cultural subdivision. municipal corporation or anor fixing restrict of th Ethic or any entitV having taxim Outhl it by state watute nm)'Hand held sign" means a sign held or worn by persoe . e- w}f'MONng sign" means signage that exhibits Movement, inch ding inflatable smcNres, guttering mania 1, revolving or moving pants or lights tic produce motion or tlue optical illusion of moGOn,anbnatonorchangingimeges. Moung eons may empoy orteor more of fhefMlnaing methods o provide motion arms illusion of motion: (a) neurally occumiing energy, such same wing (b) electrical energy, (c) mechani ®I energy, or (d) human power. 9Wp Noncoeorming sign" means any sign in existence within the County on the data of adoption of Me ordinance codified in this chapter which does not came" with the proviaons of this chapter, be which did conform to all applicable laws in effect on the data the sign was originally erected. pgy "Noncommercial woos" means signs that do Trot exhort a viewa to patronize a business, including but not limited to Political signs as that ten is defined in this sec on - al "O aster sign' means a sign relating, through is message and cahtee, to an activity , use, prooll or service which is available on the promises on which the sign igaeedi 2 BpaNpfCOUnry CCmmissbrrersMre (In9 IWWOH Page is of 44 "Ofl­sga sign' means a sign relating, through its message and contan, to an activity use, product or service which is not available on the premises on which the sign Is erected . ttl 'ePohncal sign' means any sign which serves to influence is intended to influence or appears to he the type of An which Is commonly eroded to influence 0e results of an election or ballot proostsition strj "Portable sign' means any sign which is not permanently And to the ground or a structure or bolding. Tha definition Induces movable matter Wards, banners and sandwich boards that are places so as to be seen tom public right-of -ways. saw ProjeAW sign" means a sign that 6 wholly or partly dependent upon a Wildirgfor support and which pmjeds more than 12 inches tom such building. VA) -Real estate sign'rineams a Rmporery sign which directs Mention to the sale, lease, or rental of a particular bung, properly, or premse _,,resold. atwhicbthewallsmeettheroestmdure excludin a Lowe other finfremstins and any roof rings caused by the oft wpb "Sandwich board sgn": See "portable sgns '. wt¢) "Sign' any object, device, display or sdgdure, or part thereof, situated Windows which is used to adcertise, identify, display, direct or stlmd attention to an object, person, Institution, oganizetcn, business, product service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected Images. Excluded from this definition are signs required by law, such as handicapped parking signs, and the flags of national and state governments. xy_aa)'Subdivision real estate sign' means a temporary sign which directs aflentlon to me sale, lease or rental to mare than one lot, house or premise within a subdivision. tabb) "Temporary sign" means aaenaWe a sign associated with a particular shod term event or adivttv. such as but not limited b: community festival parade Grand opening awate or nommache sale ochtical campaign and real estate sit na which are to be wlthn 10 days of when Me went or activity ends For golifical sums as that e 9defined in his section election day shall be considered the me ng event N impuadisFUSeferalNWed —h w is days '41 - any 42 mis, A A a. a ratings, that to Bassist 16 neted.Temoorary aiwm are IimRed b a marimum lime d nd more than i!m as in any o calendarvear unkssdherwix noted. _) "Wayfnding signs" means, upon RS establishment by the County, a program of uniform signs that are designed, installed and maintain l by the County intended to assist the public in finding goads, services, events and paces. Private or public toddles may be approved to locate their messages on the Wayfntling signs, upon payment of a fee intendetl to call the cost of the pmgrem. Board Of county Cwnmiwioners Meeting 1 IlIV2014 Page 79 of 00 dgllAkfa) ° Use" means the purpose mat land or building or structures now sere orfor whidl they are or may be occupied maintained emerged designed, or intended 4) Exempdons: Thef ilbwing signs are exemptimm the requirements to apply for and receive a land use sign permit or building parent provided mat exempt sgns must meet all other appl cable requirenrents of Section 18.30.150, and any other applicable raguirements of JCC 18. a) Traffic and standardized publb signs instilled by government entity; b) Window and merchandise displays, point d purchase advedimig displays such as produG dispensers, illuminated displays located inside buildings and barber pages;', c) National flues, flags of a political subdiNsion, and symbolic flags of an institution or business; d) Legal notices required by law; e) Hstoric site plaques and markers and gravestones; t) Nancanmerrial signs on private properly; g) Smlpblres with messages or lettering affixed and intended for separate use such as recycling containers and phone booths; h) Real estate sane; b Signage of any kind affixed to any licensed motorized veMGe.. j) Seasonal displays or decorations, which are clearly inddental and customary and commonly associated with any national or local event, occasion or holiday or religious or cultural observance kj Murals or sgre consisting solely of paint or other colored media that is applied on existing structures. Ij Portable signs. mn) Temporary signs. 5) Prohibited! Signs. The fallowing signs are prohibited: a) Abandoned signs, bj Billboard signs; C) Moving signs, excepting signs where me movement is induced entirely by naturally occurring causes such as me wind a human powerand also excepting signs that display changing messages may be allowed pursuant to Section 18.30.150(e)(c). M Off -slte signs which advertise a business; except as profited! in Section 1830.150do m). 4 Boats)fCOUnryCwnmi5vwers MeeNg 11 /1212014 page 20 of e) Signs or sign Meatuses, which by coloring, shape, wonting, or location resemble or confiic with traficcorerol signs or devices', 0 Signs which impede or ceae a safety hazard for pedestrians or vehicular traffic; and g) Signs atleched to utility poles or traffic signs, except with the permission of Me utility or agency. h) Sig ns shall net be rerhof -way banned on, And q do - lis aigrwfor novemmental sans comes sans and temporary Sans as defined In Sector. ,L_id as further regulated In erewdedwSed'on 18.30.150081 and 18.30.150(81. - _ sue. `on; ^ ^ve^_ (1) 11) Se -'Ors g I) Signs that are not In mawl ran with Sedlon 18.30.15(. 8) Design Standards All signs must meet the following standards: a) The illumination of signs shall be shatleq shielded, ch direde so the light Intensity or brightness shall not adversely affect surrounding propedies or public and private rightsei -way or create a hezaN or nuisance to Me traveling public, or to surrounding befilperibes. Id No sign or part thereof shall consist of rotating, revolving, or moving pads; consist a banners, gre er ers, or spnne a or involve flash'ng, bunting or alternating fights, provided that exceptions M this staMxd are temporary signs assodated with love l festivals, fairs, parades, or special events pursuant to Section 18.30.150(8)(b); moving signs where the movement is induced wholly by harings recumng causes, such as wind or human power, and changing message signs allowed pursuant to Session 18.30.150(8)(c). c) Charging message signs are allowed any in mr_al commeraal antl rural awa industrial zones and must be directed away from adjacent property zoned residential or open space, including Armanges across a public rightoa -way. No changing message sign may be located closer than 200 bet from property zonetl residential or open space, as measured from the sign location to 300 and of a residentially mug be certified in writing by mares g Section h- conforming with this Section vance with Me brightness and code. d) For any uses will any mr_'al commercial.a mlindustral resource ouic or W land use district, Me total square footage of signs shall not excead 84 square feet; provel Mat any sign size may be increaesd W to 500A lager than the standard gze, upon approval of Me Administrator, based on a finding Mat Me lager sign size is consistent wiM the provisions of Section 18.30.150(1). Multgenant developments may have one freestanding sign for each access point, commonly certifying Me businesses within maidservant developments provided such signsumil no morethan 64 square feat in aggregate. The maximum aggregate size far projection signs placed on a building is limited he one percent of the floor areas of Me building, except that each occupant is allowed a sign of g least two square feet In no case may an Ill County CanmiuimrerMee(ing 11111 014 Pope 27 of 44 individual occupant's sign be larger than 15 square feet. The she of signs in squaremodoe shall be calculated by the outside dimensions necessary to frame Me information displayed. Any sign projecting beyond six inches from a perpendicular wall shall be at least eight feet above press as measured from the ground to the bMtom of the sign . e)Oga glnsfor any use located in any rural residential tierict shall not exceed 32 square feet of lMSI son area, with Vie exception M government signs including community signs, which shall not exceed 84 square f s, Maned that any sign size may W increased up to 50% larger Man Me Marked size, upon approval of Me Administrator, baser on a finding that Me larger son size's consistent with the provisions M Section 18.30.150(1), Q Uses located in any rural oommemial.e rui indunnal rsource.oubhc or JendU Aland use dispute shall haw no more than two gnsito signs, except as allowed in t is Section for mullitenand developments; provided Mat the number of signs may be increased upon approval of Me Administrator, bawd on a finding that the increased number of sign s consistent with provsio(s of Section 18.30.150(1). In no event shall Me numberof signs Mat may be atltletl by Me Administrator for a particular parcel exceed the lesser of four (4) signs OR the least umber Madditional sons that would curial or exceed one hundred percent (100 %) of the sons Mat may he lawfully glared at that Oared odor to Me Administrator ariMooz ng for Me first trim additional sans. While an aopipant ma makgm m wan, one request for bonus signs Me maximum number M bonus signs availablar for authaizat on are particular name shall never exceed four 4) In addition to those lawfully allowed before the Administrator authorized any bonus s ons at that cancel. g) All signs shall W maintained M he Mucturaly sound, so as to not present a public hazard! Punsriantto Secion 1830.150(5)(1) signs that present a public hzzand cue prohibRed and shall be subject to abatement. h) The design of freestanding signs shall include measures to restrict vehicles from passing beneath them. All freestanding pole signs or projecting sons shall provide pedestrian clearance to a minimum of eight feet, as measured from Me ground to the hotMm of Me sign, whereappleable. it No signs locatetl on property immediately adjacent to bodies of water, other Man those related to w lardependent uses, such as a marina, are penmitted to face seaward, excepting signs relafng to safely concerns, such as cable-crossing, construcVoirdretlging, fuel area, etc. d No sign shall be placed in away as to obstruct a covers vision of motor vehicle users, bicycles or pedestrians, or traffic signs. k) Communitywtjm Su ss mpermMed MeacheMranteto Memm unity. Studsignsare linitetl to onre reentrance, and may not exceed 64 square feet in area or eightfeet in height as measured from the ground to the top of the son. Signs relating to clubs, societies, orders , fraternities and the like shall be permitted as pad of the community sign. I) Portable sandvlM brand signs subject to the followng criteria: 1) No more than two sandwich board sgns maybe erected par business; ii) Sandwich boom signs shall not exceed three met in width and four fast in hegMLcMlBes feaFiaaaMpir the nde to Me n iii) Sandwich board signs shall be displayed during business hours only and Board OfCimm Canmisiori MeeNg 11 11212014 Poi of" 1Sandwich board signs, where located on sidewalks, shall provide a minimum of 36" of continuous honzantal clear apace betvreen Me sign and any building or the edge of the sitlewalk, to drool for the free pasage N pedestrian traffic. iv)v) Sandvdch bead smir s shall have a maximum area her side of 12 square feet. m) M site sins may only be allowed when they meet all of the following standards it Are direpional in nature as defined in Section 1830.15o(3)(h). ii) Located on private property along a major or minor internal, iip Located not less than 800 feet from an iMersecal and iv) No larger Man 32 square feel for non- commerdal signs and not more than feet Nr commercial siuns._NOnmmmeri algjppy, gcept for Aovemment f n) Bannerml shall be no largerthan 64 squaremet and not placed on utility poleswdthoutthe permission of the utility. Banner signs all over readwevs intludina the height above the roadviday, mug him approssal of the inappopram roadway o) Hand hold signs shall not exceed 16 square feet provided Met the size may be increased up to 50% larger than the standard size, upon approval of the Administrator, based on a finding that the larger size Is consistent with previsions of Section 18.30.150(1). a) Unless otherwise stated In this Section the mammurn height in feMafKye the around for any sign affaMed to a builtlho o reel of land zoned mrel commercial mre1'ndustral resaurte. oulAb a UGA is the sum of the square root of the maximum sign feet for the sign Noe and Me land use zone as identified in this Section. Plus Me final of the I' .For example fora' 321b -Id 20 high t the of line and an allowable sign size of 32 Abuse fe t si51Bn the maximum sign height would be souare root of 32'= 5.6 +2§20' = 4125 6 above ground level. Unless otherwise stated in this Se sgcn the height i feet abuse the ground f on- site sign not aftaUled to a bolding on gy camel of land zoned cormneeal industrial, wheal or UGA is M feet from the around to the tap of Me sign r) Unless otherwise M Lin this Section the maximum might in feet abuse the around for any van in a rural reardentiad zone is 8 big from the ground to Me top the sign ]) Nonconforming Stine. Legally established signs in place prior to the adoption of these standards and not in conformance with these standards shall be borial legal, noncorrtorming signs, and may remain as smatterer below: a) Label Nonconforming off-site signs shall be removetl within fwe years of adoption of an ordinance establishing a Wayrmding sign" program, which is intended to provide off - site -sign locafions wherebuanesces can place signs. Until adoption of a waynnding sign ordnance , legal not coMomling signs must be contumely maintained, not narrated and not structurally altered. Nonconforming off- site signs may be replaced by off-she tractional signs as allowed in Section 18.30.1501 . Bead ofCayi Cwnmormserz Meeting IIIIVM14 Poi of 41 b) Legal Wiconpurraing ornate signs may remain provided May are cominually maintained, not relocated, and not strucMrelly altered. 8) Temporary Signs. Temporary signs are exempt from the requirements to obtain a Mn permit . subject to the following standards' LTemseary, signs shall W limited In size to 3284 square feet except that temporary signs in the Public"ht of-way are sudect t nit of Section 1830150 'lTwandshallnotobstructsafe visibllily of any motorist or pedestrian traffic. Temporary signs shall be secured in their location so as to not collapse, become airborne or otherwise cause a safety in T excel for banner suns Placed across roedwevs. shall not eased Biers[ in %M We mound to Me too drive ail A) Atu APR other Re road temporary , im, may hu, , vo's"d Rol his, has 49 Way, in F 'Ry 12 GazRAWt w month Par In LEvent Signs and harmers promoting publicfestivals, community or special events, and grand openings nay be ysalavatl for ve to 30 daps Psoring tha epem and shall be removed ov laterthan signs m 0 be located afte o event The nsunwdng emity is responsible for sign removal. Event signs may uiements of JCC To ensure persistency with this Section "event" signs subject to the requirements m JCC &20 shall be reviewed by the Administrator for a "for u t event permit". sally cl Game removed latent ane ne day diplayed vent. Seven days prior M Me event and shall be remgvetl no IatetlM1an one tlav after me event djd) Prolitical signs may be dsolaved upon the date of otfdal filing of a candidate for elective office or upon certfcation by the county of a ballot measure and must be removed not later Man 10 days after the (coal occur for the candidate or ballot measure. ajee) Real estate signs shall be may be displayed upon erewNon of a formal lis4ng agreement beMsen seller and real estate agent, or a listing Yor sale W owner. and removed within seveato days of either (1) the date the new owner or lessee takes possession of Me property, or (2) the tlme of the extensor athe listing and (3) shall not be rmre than 12 square feet in size and not exceed 8feet above existing grade, as measured from Me ground W Me top of the sign. QaSubdsysion Real Estate Sales Signs. Real estate signs adverbial the sale of lots or dwelling units located within a subdivision shall be permitted provided, that Mere shall he no mom than 1 sign per subtlrviston entrance, and each sign shall be no greater than 32 actions feat in assa and no greater than 8 feet In height, as measured from Me ground to the top of Me sign. These signs shall be removed within sevesato days following Me initial san of all lots or dwelling units within Mee subdivision. eg) Iluzjb r gnsantl Mables ns terms adidefthadheal "n the pubis rightof -way, excepting governmentalsons , mu0notexceed4squamf insite ,notexceed3testaboveexisting grade to the tap ctthe sign and must' data of made and Must peg ng the R removed by the path who posted the sign or their agent not laterMan 4 l0 days �flerthe lion is no longer serving im Boats of counycommissioners Meenng ll /1212014 Puri of 44 including bar not lil to the end ofthe temporary ei ferstwal alection. Purpose sale.. 9iaw All Icall year. l sans n the oublb doM ctwav ere I'rtitetl m a reeinfurn of 80tl I tl 9) Signs along Rate highways. All signs along slate highways in Jefferson County are also subject to dr sign regulations and permtl requirements estabalred by the Salida of Washington 10) Substitution. floncommerctal signs are allowed in all districts and may be substituted nor any sign expressly allowed under this code. GUIANNINGLICC - uOL- OMrCOM1VWWMVIER FOLCfM4pMG18^ COfatnt <WplepJapprwgltl^uWC lemmmeMWepn mtea161811mNnppo-ao-ll BCCV aretlaeee Sonalofcounry Cemmmurners Meeting 1 71WO0 pose 25 of" ATTACHMENIC Plsmfm COmmissron Recommended Sun Code Update 6/19/14 18.30.1495igns. Purpose. lieses regulations intended to bahance Me need to o a Public artery and wafers me need for a v211 -ma ntarretl and aflraNve community and the need for adequate methods a common cation throuoM1 sons 8oeufic ob'ecfyes are: a. To allow for and enmuMe the enecuve use of signs. b To improve and maintain IMMo and pedestrian safety by reducing diaraclons and hazards from signs' To maintain oubfic antl pmate oropeM values. scenic resources antl'rurel character in accordance win the adopted comorehenswe man'. d To ensure that Me constitutionally guaranteed not a free expression is ranteaed. e To Eai any regulatory diameters or masers on ageach based on the content of sans No Padof Mis Sect ion shall he mm9nmdMtavor oneMmta Ar over another and if am provision of this Section is ambiguous. 0 shall be interpreted as to not regulate on the basis a speech content. 21 AediadiliN: No sign shad hereafter be ereotad or used for any purpose or in any manner except as permitted by Me regulations of this semwen or as specified elsewhere in tons code. All nonexempt signs subject to Mis section shall bs subject to revland approval and may require issuance do sign worth and or a bridling permit bythe administremr according to a Type I permit approval process as specified in Chapter 18.4 JCC. Thin Amn R stralor may we ve Qpli 31 Detectors a)'Abste ni means to repair. Tw. rebuiM. tlemolisM1 antl or remove anv sign or Sion Muaure to moneys nvfeaure that is non- comPliantwith this Section b) Abandoned sign' means any son that, for a period of more than six (6) months no longer correctly identifies, exhorts or advertises any person. business product, event or actyitv conducted or available on or off the Premises on which Me sons to ®tab 1'Administrator merans the Planning Manager of the Jefferson County Discernment of Community Development or roamer designee. tl `Banner Sian' i rs mm osetl Immerged, flexible no cal either sea a aa rigid s Bo4rd ofCounttrCommasonee Meeting 111121M 14 Page 26 of ee e sl n means any ouWoor sian motaininq advedisim w iM is not mlawd to m v u amvM on Me green ses on v io the sign is lom[etl nut nM including a wional siam as defined In MIS tale. n'Commerdal sign" means signs roar exM1Od a viewer to oatmnize a business. "f mmudy signs"" mean signs idenbN a rec n etl ommuniN O red oleo aM `IMQCinndi Sion" magna a son Whits senres aoleN to damnpe eMe =wn of any Place area anizatpn or businesses. whMber on- premises or g f- premises. M `EeWealccha esi n of`m v whereon) Me dlsglav MWQMS. symbols.aranhie4orimaaest onbeelectron ®livormecbani ®Ilv Manaenb mmote or awomadc means, and whet me Imd eanNor me me rHnal n sfixed for at st3 nds and whem mly the Manin e ibi6 mowmnt and wbe e bnoMneas or illuminanm of Me aian tloes trot exceatl o 3 fmtcantlles ebmre ambient IiaM ae measured dunina Me nigM between Me hour of 10 Wpm to 2 00a using a foot - candle peter at cede Mina on n size. The me distance In all be detarmi Nesauam rootMMe Pmdudof Mesian area am one hundred. InaddNm illuminatedmowng Wns with chanono messaaes shall be eouipodWth automatic dimming nolo whits dutomafcally adiuOs bmMness due to ambient IOM mndMona "Event siqps and bnn 'n blicfei Is wmmunbo(swcial events and gtantl- ocemnas k) "FPM -motile means a una of luminance or illumination equal to one lumen incpent wr muare foot. h "Fmestendno sign" means a spn whiM is suomded by PermaneM uonohts pole or bmce to the Around and whiM is not m netted M a buildim ml "Hand held Spn' n6 s a sign held uwpm by a pefeon n)'MOvino sign' means sianaae Mat eMibi6 movement indudna inflatable stmdures, fi�e ng t Iwnq or mmim paM or liaMs W omide mA o l 'llu f motion animbonorch Maing sions =v employ one or more& the followna methWs W =Ade motion "e illusion of motion '. (a) naWmliv occurrmo energy such as the wind rb eledncel enemy. td mecM1an'ol enemy or ld) human power o'NanmNa ' mws my wn W exlstenca vriMlnllro CduM an date of d the ordinaom codified in this chaoter whits does not eoMm wits the wov'a'ons of this chapter but Mi did wM M all appl ble R hg d WM II BmMWCmnW COmmisskners Meeting 11 112/ 14 POW27 of 44 ) 'Noncommercial Mat does not export to pateronizal a loudness 'O ite all means a sign poll throuth ' to t to Product or sterace vidich Is available on tM1e premises on wFi tlt the s'an eregeit rl `(tsRatle s'on' means a sign relatino through its messaoe and Content to an aclivily . use product or scare which Is not avallabk on the Clemises on which the sign S small a) "Portable sign" means any sign which is not oermenentiv affixed b the around or a structure or building . This definition includes movable reader boards, banners and sandwich boards net are placed so as to be seen from public riots -of -ways. t Pro'eseion son' means a sion met is wholiv or mi tle onal upon a buindirm for sunhart and wAlch oroegs more man 12 supper; from such building u) 'Real astate sign" means a tempo2N sign which directs apartment to the sale. lease or re Mil of a Particular building orooeM, or Peeples upon which it is dimlaved. N "SandMan board sign"'. See "portable signs ". w) "Sign "means any board device . al lay Cr structure or pad thereof situated outsiders whim is used to advertise. idenGN dil direct or Arad adendon to an dbleq cerson. I option . and sate governments X) "Subdivision real astala sign' means a temoorery son whltlr share anendon to the sale IeaseorreMaltomore Nanonebt. house vuhm asubdivision. YI "Tam o2 s ble si nintendetl for use r Red number of pave willun any 12 wnaecNive mpnMS'. not to exceetl 0.5 dava. unless omerwies oared. zl'Wayfindam sagns'nsians. upon its eslablu ment "a County a proomm of uniform sides that ale designee ltgalletl antl mainta'netl bvthe COUnN "ntentlerl to assid the publ'c'n find rw quoi sennows e i and places. Private or public enables may be approved to lopte their Poo an the ndin s pent of "tenced to defra the rust 0 the aa) "Use- means the purpose that land or building or structures now serve orfor which they are ormavideaccamosed,maintained . amended des fined mintended 4)Exemptions. The following signs are exempt ham the rem,irem eMTaa mrandreceiv9al d use not or building Perini[ provided that expert signs must meet all others lioablere of Section 18 30.150, and other applicable occur amends of JCc 18. tabard o/CoaaryCommionversMil 11112/X10 PagePb of 44 (a) Traffic and efandaMized pubic signs installed by government entoi. (b) Window and merchandise displays, point of purchase advertising displays such as produot dispensers noes Iluninamc! displays Ncatetl insde buildings and barberpoleS (p& National nags, nags of a polmcal subdiNsion, and symbolic nags of an institution or business, (d) Legal notices required! by law; (e) Historic site plaques and modem and gravestones; (f) Amaaal Nonwmmemial -sgns on pleats property (g) Structures with measaces or leffenrin afted and intended br separate use such as recycling conminere and phone booths; (h) Real estate signs; f95anage of any k'ntl efibed roans licensed motadzel veh'de Nag tleeep Magma 101Y graph "Noed ease A Factor Van dR AP OMO-0 A the Parmill DOWARP M :wQ q A As M Temaerawsiems. Seasonal dispms or dernmtlone which are clearly inadental and customary and commonly associates with any national pr local event pmas on or M1CI'tlavor minions or cultural obseryarnm fk) Murals or signs consaYng solely of Daunt or colored media Nails applied on excel no strut res (h Portable sans. (in) Signs 'n the pubic doing of way, (m Temporary sons 5) Prohibited Signs. The following signs are prohibited. (a) Abandoned signs; (b) BNbow%,jlagoa, (C) FAaehrrg� revaNYpgw Mrsowng signs, excepting shpts where Ne movement a induced entirely by naturally occurring causes. such a3 New'nd or human Dower and al ®excentno d s la cM1an in allowatl u o Seclion 18.39.159 c BoaMOICOUnryCOmmisvonerS Meeting 11112IM14 PrW29 of 44 on 0&site signs which advertise a business; except as proudest in Section 18 30.15o(fil(m1. (e) Signs or sign structures, which by entering, shape, working, or location resernble or wittier (Nth tr2fi4wnhd signs or devices; in Signs which impede or real a safety record fir pedestrians or vehicular traffic l and (g) Signs attached to utility pales or baffle signs except with the permission ofthe dilAV or seem.. Or Sans placedwithin Publicrahts-of- was exceptasallowedWSecton183l (61 Exemofroms: Section 1830.150(8) Total Signs (I) Signs nor in compliance with Section 1830.1 W. Wj OOcagn Standards At signs had meat the following standards'. aTh@Itinnination of signs shop be shaded, shaped or directed w the light adonsdy or brightness shad not advarsety affect surrounding plopedies or public and private rights -of- way of reate a haaaN or nulsenca to the trevenlg public or to surrounding propwties, in iig]_No sign or NO thereof shall consist of rotating, revolving, or moving pads, consist of banners, streamers, or spinners or involve flashing, blinking, or alternating Igh1a tirovitled at.Iraeexceptiols to phis standard areis tenpo2ry signs associated with local festivals, faits, parades, or special events pumuaM to swsesffen Section - 18.301 W l81(bl: 4#4-9 causasgea- movingd or rwherememovement Is Inducetl wholly bynaWe S gwumrw causes uuh .3 n ones allowetl pursuant to section 18.30 150 (8) (c). b) Signalize antl ngmber shall be regNMetl as foibwa'. �P good 19 are Ill A Me lids, sholl no�� L For any use within any COMMernal or industrial froard of CountrCommosiorenMeetiny ll /1212014 Page 30 of 40 On are signs for any use located in any most residental Metal shall net exceed 32 square feet of total son area. WM Yoe excenron of commundv signs, which shag note Age d 54 Ouare last, provided Use any sitin size my be iincreased up fo 5M larder than M e Standard size poop agIXOVa MM i Adel ustraMr tatted on a findlon Mat Me larl all see is cans aentwiM Me pmwsions of Section f 8.3C.lWl1 e)g)__Uses located In amf rural commeraal or industrial land use districts; shall have no more Man two aa- eremiaeanu�- I(gs signs, except as allowed in his session for muMitenand developments' provided Nat the number of sions may be increased upon aooroyal of the Administrator based on a finding Nat the increased number Of along is consistent wdh the wovlarore 0 Section 18 30 15011), &J_AII signs shall be seatiaunael mainta it ec to be GrucluralN sound intact secured in their places and not present a oublichazam. Pursuant to Section 18 30.1 W l51tfi Signs Nat pre ssr:a public hazaN of p lh" WArta shall be subjerh W abatement. kogb_The design of freestanding agog shall include measures to result vehiGea from passing beneath them, wefla: All freestanding pole agns or prolecong signs shall provide pedestian clearance to a minimum of eight f eel, from Ne orountl to Ne bottom of Ne son where applicable. BoazdofCounmCommWWners Mecrwg 1111212014 Page 31 of 44 j NO signs etl med tel tl' bcd of . other than those related to water dependent uses, such as a manna, are permitted to face seaward, erimil gsigns relating to safety concerns, such as cable - crossing, construction- dredging, fuel area, etc. e4hL_No sign shall be placed in a tvay as to obstruct a cinneCir vision of motor vanes haffic. bitbalists or Pedestrians or saffic signs iAAI;M�Me lewl- dar� R#Pr its A lin The More' HY GRUb R mildew his for ; an Fall Pv.d s the, may h. N Communev Signs permitted at each entra os to the community. Sad signs are limited M one per entrance, and may not exceed 64 square test in area or eight feet in hi as measured fmm Me ground to the too of the sion. Signs relatug to clubs, sociaties, notes. aratemthes and the We shah be permitted as part of Me communny %n. on[ena ON MGM than 0.10 iwei an heed QqR, may hp Slashed per has wilial Sandi Gh h A 3P9 6 9RI Gas' not by is"Kad R Pelf I � F"d F Me of y wy sees appaiii hy me 1-flani a, Rh deparlifni II Parable sandwiT beam suns are wti ect to the following aihard d No more than two sandwich board ions may be al ger busness ill Sandwich board suns shall not exceed four feat in heuM or three has In width'. hit S anal board suns shall be dleolaved donne di suess hours only '. and why Sandwich bo rd signs where located on seawall all arcral a minimum of "of sidereal a al t horizontal dear soave ssageeo Me aian antl env buidino or Me edge ache s tlewalk. to provide for Me Mee passage of oede5lnan traffic. Wa i) BoaMOfCounlyCOmmissiMers MeeNlg I IPV2014 Page 32 of 41 (1) (2) (3) N Ill (M-sits some may only the slowed when the meet all mthefollowed standards A iJ Are tlireaional in naWreas tlermeO in Semign 183o.18g1311h1. i) Locamul on pnwde property along a major or mina where, li) Locafetlnm less mereman 800feetfroman intemection ;antl lNO larger than 42 2 square feet for non- comMeml signs and not lamer than sx §RURM—fieet fa mmmemial signs. yp only Nam off-site mmmerdal sons per commeroial destination may Wallowed: notmore Man 8 feettall. as measured from the ground to the Mg of the sign: and Imated not more Man 1.32 imarfeet hors the turn off to the destination of the sign rg' Banner suns no la erthen r2 64 square fibi and not plamed on utility ogles without the permission athe milts. elk) Hand held signs shall net exceed Q 16 seuare feat: Provided that the see maybe ed up to er Man the standard see upon approval ot Me Administrator based on a footed that Me lamer sire is conai&ent with Me aoNSions of Section 18.30.150111. 51958) Nonconforming Signs. Legally established signs in place entree Me adoption of these standards and not in conformance with these standards shell be considered legal, nonconforming signs, and may remain as provided below: a) Leoal Nonconforming off -des signs shall be removed within rase years of adoption of the go Rame n ordinance establishing a mdi s n mwfichi intendetl m aovitle effsite sign locationswdere businesses sun place signs. Jhiaeeda. Undl Men, sutlm ages must be continually maintained, not relocated, and not sbucWmlly elteretl. Nonconforming off{neakaes site signs may be replaced by off -site directional signs as allowed in this section. a) b) ressal Nonconforming ea- Promisee =motes signs may remain prowand May are continually einmined not relocated, and not structurally altered. (§4j 09. TerrippraerSigni m or n are exem tfromM r men6 o inasi n mmit are sub'ed to the following standards' o)— Tem si ns shall or pedestrian eta 32 reef and gun toe rumsafeaisi ili or of to Selidle ernor gthe Temporary nsshal area otherwise Tlocalien noes to Ile e e discure rot moree couple in any 12 noted sides may be di not more an 45 tla within 1 ouninessouttle month eo daa s)d.ze. BmNOfComw Commmmoele Meetingll1lL l4 Pali of 44 c) EventSOns and bannereoromofm oublictesdvals, community or special events and Arend Me in antal and no greater than 8 feat in M1-M as measured b h tl to the top of onerarm my be dispignved no to 30 tla the sve d shall movetl n er than sev a afferM vent The onsoun scuare feet in size not iocceeni 3 fied ble for into ronocaval Emant ename oontadi Me a sdn signs ma ted'off-site - To ensure wriviianw with Ins section, "Event" sions s b'ect elections shall be removea motto to the fJCC 820 shll be kmpd by the deamnee fino state hoMVays in Jefferson County are also subject to $ n reaubtions and permit recuionotents esablisbed by Ill ofWanalbinaton. special event oermb" d) e) i) naM1all be rrm PactmlaeleewnaaysofnifAer. (1) he date (1) Me (2) tl1G dale M IFe amiafinn MiM1e lidino g�G as measuma homlheamuMlo the too of the s!aa Subifivnipa Real ales Sl ale ls sadv the lots or cl dhna units - located whin a subdivision shall be pe"ifiatlL omvided hint there shall be no more Itema 1 son 1yi5on ande h' aX here r ihan3 ume Me in antal and no greater than 8 feat in M1-M as measured b h tl to the top of the si n. These n shay be sdwelin a within n da II me initial n_ion. sale of al to a 'the su i A)W Snani in the el Tjghap —WW exceining mmental poins. mug not exceed4 scuare feet in size not iocceeni 3 fied above endsting arade as toed from he round mmatian theto M d indu ename oontadi Me a sdn the he tlate fn wader ust be rem b m wit o5etl M n arch eM not la Mani od in S'nsi the ubli "MM mlafm tc elections shall be removea motto given dws of Ne election. i 10. Sians alone state hiahways. All dons atom state hoMVays in Jefferson County are also subject to $ n reaubtions and permit recuionotents esablisbed by Ill ofWanalbinaton. tit 1 SubstiWton Noncommercial sons are allowed in all dienm and may be Substituted for any san expressly allowetl under this er9inanre wde LbardofCounfyCOmmiuloners Meeting 11 1120014 Page 34 of Attachment D JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 821 Shandan Street, Pod Townsend, WA 983M (380) 379 -4450 Guidance to Create Findings for MLA1240226 UDC Text Amerahnent For JCC 1830,150 &.18.18.100 Sign Code Proposed Amendment to: Jefferson County Unified Development Cade, Title 18 June 18, 2014 To: 9oard of County Commissioners, Chair John Mason Department of Community Development, Dragon Carl Smkh; and Interested Note of Jefferson County Date: June 10, 2014 Attached Proposed Text for JCC Chapter 18.30.150 and JCC 18.100 signs In preparing our recommendation, we have consideretl the growth management indicators and other general guidance on inquired finings, pursuant W JCC 18 45 and therefore do hereby declare the following finings and conclusions in support of our derision: 1. neliberations- diasuaafon of proposal and entering findings 8 condusbns "FCrafflegrased amendments, the Planning commission shell devil brother and conclusions and a recommendation Which consider the growth management indkerors set high in JCC 1845.050 (4)(b)g) through (4)(b)(irs, as well as the fiteowing:" ( NOTE: ferfmm JCC18.4508tl(1)(b). The mtlicators menfiaiedin. Meagre introduced ant addressatl later in this worksh"i CarddCwnry Commissioners laving 1 111U 14 page 35 of fW a) Required findings; adapted from JCC 18.45.080 (1)(b)(i-iii) : (i) Have circumstances related to the proposed amendment and/or the area in which it is located substantially changed since the adoption of the Jefferson County Comprehensive Plan? [Answer yes' or 'no' and describe why] PC Response: Yes. A citizen's lawsuit in 2006 resulted in a court order to void a portion of the Jefferson County sign code, related to constitutionally protected speech. This court ruling necessitates the proposed amendment. (ii) Are the assumptions upon which the Jefferson County Comprehensive Plan is based no longer valid; or is new information available which was not considered during the adoption process or any annual amendments of the Jefferson County Comprehensive Plan? PC Response: No. The Comprehensive plan is still valid. (iii) Does the proposed amendment reflect current, widely held values of the residents of Jefferson County? [Answer yes' or 'no' and describe why] PC Response: Yes. This proposed sign code amendment maintains a balance between providing constitutionally protected free speech, supporting economic development through the ample and effective use of signs, and upholding community held values for maintaining "rural character" by controlling the number, placement, type and size of signs. "In addition to the required findings set for in [the subsection above], in order to recommend approval of a formal site - specific proposal to amend the comprehensive Plan, the planning commission must also make the following findings:" b) Additional required findings, adapted from JCC 18.45.080 (4)(c)(1) through (4)(c)(vili) (i) The proposed site - specific amendment meets concurrency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services. [Answer yes', 'no', or `not applicable' and describe why] 'How to Decide' Supplement for Planing Commission 6 -18 -14 MLA12 -00226 Sign Code Page 2 of 7 Board of County Commissioners Meeting 11/12/2014 Page 36 of 44 PC Response: N/A — The proposed sign code update is not site - specific. (ii) The proposed site-specific amendment is consistent with the goals, policies and implementation strategies of the various elements of the Jefferson County Comprehensive Plan. [Answer yes', `no', or `not applicable' and describe why] PC Response: N/A — The proposed sign code update is not site - specific. (iii) The proposed site - specific amendment will not result in probable significant adverse impacts that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities. [Answer yes' or `no' and describe why] PC Response: N/A — The proposed sign code update is not site - specific. (iv) The subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including planned surrounding land uses. [Answer yes' or 'no' and describe why] PC Response: N/A — The proposed sign code update is not site - specific. (v) The proposed site - specific amendment will not create a pressure to change in the land use designation of other properties, unless the change is in the long -term best interests of the county as a whole. [Answer yes', 'no', or 'not applicable' and describe why] PC Response: N/A — The proposed sign code update is not site-specific. (vi) The proposed site - specific amendment does not materially affect the land use and population growth projections that are the bases of the Comprehensive Plan. [Answer yes', 'no', or 'not applicable' and describe why] PC Response: N/A — The proposed sign code update is not site - specific. 'How to Decide' Supplement for Planning Commission MLA 12 -00226 Sign Code 6 -1B -14 Page 3 of 7 Board of County Commissioners Meeting 1111212014 Page 37 of 44 (viii) Within an Urban Growth Area, the proposed site - specific amendment does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA. [Answer `yes', 'no', or'not applicable' and describe why] PC Response: NIA — The proposed sign code update is not site - specific. (viii) The proposed amendment is consistent with the Growth Management Act (Chapter 36.70A RCW), the County -Wide planning Policies for Jefferson County, any other applicable inter - jurisdictional policies or agreements, and any other local, state or federal laws. [Answer yes' or 'no' and describe why] PC Response: Yes. This proposed sign code amendment maintains a balance between providing constitutionally protected free speech, supporting economic development through the ample and effective use of signs, and upholding community held values for maintaining "rural character" by controlling the number, placement, type and size of signs. C) JCC 18.45.050(4)(b)(i) through (4)(b)(vii) Inquiry into the Growth Management Indicators: i) Is growth and development as envisioned in the Comprehensive Plan occurring faster or slower than anticipated, or is it failing to materialize? [Answer yes' or 'no' and describe why] PC Response: More slowly, due to the "great recession" of 2008 -2009. ii) Has the capacity of the county to provide adequate services diminished or increased? (Answer yes' or'no' and describe why] PC Response: Diminished, due to lower tax revenues from lower economic activity as a result of the "great recession" of 2008 - 2009." iii) Is there sufficient urban land, as designated and zoned to meet projected demand and need? [Answer 'yes' or'no' and describe why] 'Mow to Decide' Supplement for Planning Commission 6 -18 -14 MLA 12 -00226 Sign Code Page 4 of 7 Board of County Commissioners Meeting 1111212014 Page 38 of 44 PC Response: Yes, due to growth rates less than projected in the comp plan. However this indicator does not apply since this is not a Comp Plan amendment, but an amendment to the development code. iv) Are any of the assumptions upon which the plan is based no longer found to be valid? [Answer'yes' or'no' and describe why] PC Response: No. The assumptions in the Comp Plan are still valid, but growth is occurring more slowly than projected. The land use types, amounts and public facilities are still valid and appropriate to accommodate future growth, but the demand for the public facilities is anticipated to take longer than estimated due to slower growth rates. v) Are there changes in the county -wide attitudes? Do they necessitate amendments to the goals of the Comprehensive Plan and the basic values embodied within the Comprehensive Plan Vision Statement? [Answer yes' or no' and describe why] PC Response: No. This proposed sign code amendment maintains a balance between providing constitutionally protected free speech, supporting economic development through the ample and effective use of signs, and upholding community held values for maintaining "rural character" by controlling the number, placement, type and size of signs. A) Are there changes in circumstances which dictate a need for amendment to the Comprehensive Plan? [Answer yes' or'no' and describe why] PC Response: No. This proposed sign code amendment maintains a balance between providing constitutionally protected free speech, supporting economic development through the ample and effective use of signs, and upholding community held values for maintaining "rural character" by controlling the number, placement, type and size of signs. vii) Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive Plan and the Countywide Planning Policies for Jefferson County? [Answer'yes' or'no' and describe why] `How to Decide' Supplementfor Planning Commission MLA12 -00226 Sign Code 6 -18 -14 Page S of 7 Board of County Commissioners Meeting 11/12/2014 Page 39 of 44 PC Response: No. This proposed sign code amendment maintains a balance between providing constitutionally protected free speech, supporting economic development through the ample and effective use of signs, and upholding community held values for maintaining "rural character' by controlling the number, placement, type and size of signs. d) The Record 1) In addition to the guidance provided by GMA, the County -Wide Planning Policies, the Jefferson County Code, and the Comprehensive Plan, what else is in the record with respect to this proposal? [Answer yes' or 'no' and describe why] PC Response: Please see the attached: "Jefferson County Sign Code Update: Facts and Findings, April 2014 ', regarding the public record for this proposed amendment to the sign code. 2) Can assertions in the record be confirmed by information from other sources? [Answer yes' or 'no' and describe why] PC Response: Yes. The attached Facts and Findings can be confirmed by public records, such as audio recordings, public notices, and meeting minutes (where available) of Planning Commission meetings. 3) Is the decision we are about to make based on the record? [Answer 'yes' or'no' and describe why] PC Response: Yes. The proposed decision is based on discussions by the Planning Commission and input by citizens and staff at multiple open public meetings before the Planning Commission and Board of County Commissioners, and at two public hearings. All of these events are part of the public record. Additional public records: a) This proposed amendment is based on findings as required by JCC 18.45.080. b) The two public hearings for this proposed amendment has been duly noticed per the requirements of JCC 18.45.080. c) This proposed amendment has been duly assessed for environmental impacts via a SEPA Checklist, as required by Chapter 197 -11 WAC (SEPA rules). d) This proposed amendment recommendation is based on the record, following two open record hearings and following the close of the open record hearings, consideration by the Planning Commission of any written or oral comments. 'How to Deride' Supplement for Planning Commission 6 -18-14 MLA12 -00226 Sign Code Page 6 of 7 Board of County Commissioners Meeting 11/12/2014 Page 40 of 44 e) This proposed amendment satisfies legal criteria. f) This proposed amendment is being provided for a 60 day review to the Washington State Department of Commerce, Growth Management Services, as required by RCW 36.70A.106 (GMA). 4) Does the decision we are about to make, as far as we know, satisfy legal criteria? [Answer yes' or 'no' and describe why] PC Response: Yes. The proposed amendments to the sign code have been reviewed by the County's Deputy Prosecuting Attorney and found to meet legal criteria. 5) Is the decision we are about to make limited to the specific request at hand? [Answer yes' or 'no' and describe why] PC Response: Yes. This decision is limited to updating the County's sign code regulations. Are there any additional findings of fact or conclusions of law pertinent to this decision? PC Response: Yes. Please see the aforementioned Facts and Findings regarding the public record and other facts and findings for this proposed amendment to the sign code. 2. Repeat motion and vote (one of the following): a. In favor — Yea b. Opposed - Nay c. Abstain - I Based on these findings, on June 18, 2014, the Jefferson County Planning Commission voted 47 to approve, U to deny and 0 abstentions for MLA 12 -0026 and recommend that the BOCC approve f deny the Planning Agency's request to amend the JCC as proposed in MLA 12 -0026. Kevin Coker, Chair Date G:1PtANNINGUCC - UDC - Other CodesWDC MASTER FOLDER1Sgns%Sign Code 2014TC 8 BOCC approval dome PC Findings How to Decide Woftheet Sign Code 3- 19.14.docx 'How to Decide' Supplementfor Planning Commission 6 -18 -14 MLA 12 -00226 Sign Code Page 7 of 7 Board of County Commissioners Meeting 11 /12/2014 Page 41 of 44 ATTACHMENT E Sign Code Update: PC meeting of June 18, 2014 Response to Comments at Planning Commission Public Hearing of May 7, 2014 Updated to Include Proposed Revisions of Staff and BOCC (11 -3 -14) Public or Planning Commission Comment Staff or Planning Commission Response 1. There are no enforcement provisions in the Enforcement provisions for the entire Unified proposed sign code Development Code (UDC) are provided at JCC 18.50. 2. DCD has not adopted the IBC appendix for The IBC Appendix "H" was intentionally not signs. This should be done for safety. adopted as it has provisions in conflict with the County's sign code. Additionally, Appendix "H" does not specify when a sign needs a building permit. Staff recommends that determining when a sign needs a building permit should be an administrative decision upon reviewing a sign application. Authority for such decisions is granted to the building official in JCC 15.05.020, and to the Planning Administrator in JCC 18.30.150(2). The proposed sign code prohibits signs that "...create a safety hazard for pedestrians or vehicular traffic" (18.30.150(5)(f). 3. Private roads are not addressed. How can The sign code applies to private and public potential impacts be addressed? property, (including any private roads affected), as stated in Section 18.30.150(2) — Applicability: "No sign shall hereafter be erected or used for any purpose or in any manner except as permitted by the regulations of this Section or as specified elsewhere in this code ". Public roads are specifically identified in the sign code because the code allows individuals to post signs in the public road right of ways. There is no similar right of the public to post signs in the right of way of private roads. Additionally, existing zoning and development regulations apply all land uses on private property, includina si ns. 4. Signs in the public right of way should have Section 18.30.150.(8)(g) requires this. the name and contact info of the party posting the sign. Board of County Commissioners Meeting 1111212014 Page 42 of 44 5. Criteria from the Public Works Department The Public Works criteria has been removed, as referenced in section 18.30.150 (9) is not the intent of the criteria are addressed in several codified. sections of the proposed sign code as follows: 18.30.150(5)(f),(g),(h); 18.30.150(6)(j), and 18.30.150(8)(a), (g). 6. Need better definition of height. Is it top or Language has been added to describe sign bottom? height in Sections: 18. 30.150(6)(d)(k)(1)(m)(p)(q)(r), 18.30.150(8)(a), (e),(f) and (g). 7. 45 day limit for temporary signs comes late in The maximum time limit for temporary signs is the code. proposed to be 180 days and is stated in Definitions - Section 18.30.150(3)(bb). Temporary Section 18.30.150(8)(a). signs are addressed in Section (8), so it is also appropriate to note time limits in this section. 8. The size limit for handheld signs (12 s.f.) is The size limit for hand held signs is proposed to too small. A sign could be worn on the front be 16 s.f. and can be increased up to 50% larger and back of a person larger than 12 s.f. upon approval of the Administrator. Section 18.30.150(6)(o). 9. Why the restriction on signs facing seaward? The purpose of this section is to reduce or avoid sign clutter from commercial signs facing the Section 18.30.150(6)(i). water that may inform relatively few boaters but cause a visual impact to the majority of sign viewers who experience signs from the landward side and receive little or no benefit if the sign message is only visible facing the water. This section is revised to exempt non - commercial signs on private property, so they could face seaward. However, Section 10 already allows for non - commercial signs to be substituted for any other sign. 10. The term `continuously maintained" is Section 18.30.150(6)(g) is revised to say" all undefined. Section 18.30.150(6)(g). signs shall be maintained to be structurally sound, so as not to present a public hazard." 11. One section refers to signs that project more These two sections are not inconsistent because than six inches from a building and another they address different purposes. section refers to signs that project more than 12 inches from buildings. Section 18.30.150(6)(d) refers to any sign, not necessarily a projection sign. The purpose is to prevent a hazard to someone walking beneath a sign that projects out more than six inches. 18.30.150(6)(h) Projection sign" means a sign that is wholly or `Any sign projecting beyond six inches from a partly dependent upon a building for support perpendicular wall shall be at least eight feet and which projects more than 12 inches from above grade." such building Board of County Commissioners Meeting 7711212014 Page 43 of 44 GAPLANNINGUCC - UDC -Other CodeMUDC MASTER FOLDEMSignMStgn Code 2014 \Response to public comment at 5 -7 -14 sign code hearing (updated 11- 3- 14).docx Board of County Commissioners Meeting 1111212014 Page 44 of 44 Section 18.30.150(3)(v) defines projection signs as a sign projecting more than 12 inches from a building. Section 18.30.150(6)(b) specifically excludes 12. 18.30.150(6)(c) special events and Section 18.30(4)Q) exempts The restrictions on changing message signs "seasonal displays or decorations..." could prohibit Christmas signs. These provisions cover seasonal displays, including but not limited to Christmas. The purpose of this code is to reduce visual clutter 13. Off site sig ns that advertise a business are of off -site signs. However, existing legal prohibited. nonconforming off -site signs are permitted until the County has a "Wayfinding" sign program, per 18.30.150(7)(a). Section 18.30.150(8)(b) allows temporary event off -site signs. Section 18.30.150(6)(m) allows up to three small commercial signs per business. 14. Signage on vehicles should not be limited to 18.30.150(4) Exemptions: Section (i) is proposed those "in the conduct of business'. to read: "si na a of any kind affixed to a motor vehicle." 15. Section (6)(f) says no more than two signs in Correct. Section 18.30.150 (6)(f) Only two signs rural commercial zones but Section (6)(e) permitted in Rural Commercial, Industrial. UGA, does not limit the number of signs. Resource or Public zones. In Rural Residential zoning (Section 18.30.150(6)(e), does not limit the number of signs; only the total sign area is limited (32 s.f.). Therefore a person can have more than one sign that add up in total to not more than 32 s.f. This provision is intended to allow more options for communicating personal messages. 16. Not all changing message signs are electric or Correct. 18.30.150(3)(1) The intention of this code illuminated. is to control electronic and illuminated changing messages signs. Therefore, changing message signs that are manually changed or non - lluminated are not subject to this regulation. 17. 18.30.150(6)(m) 18.30.150(6)(m) Staff proposes revisions to allow One small off site sign per business should up to three small off -site signs per business. be allowed. GAPLANNINGUCC - UDC -Other CodeMUDC MASTER FOLDEMSignMStgn Code 2014 \Response to public comment at 5 -7 -14 sign code hearing (updated 11- 3- 14).docx Board of County Commissioners Meeting 1111212014 Page 44 of 44