HomeMy WebLinkAbout10 1117 14JEFFERSON COUNTY
STATE OF WASHINGTON
In the matter of amending the } Ordinance No. 10-1117-14
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)(0.
2. In October of 2006, the Clallam County Superior Court issued an injunction
preventing Jefferson County from enforcing section 18.30.150(2)(1) of the Jefferson
County Code which currently states, "Personal signs on private property displaying
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personal messages such as "yard sale" or "no trespassing" or political signs not to
exceed eight square feet."
3. 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: MLA 12-226, 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
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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:
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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:
o 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).
o A greater number of types of moving signs are allowed. Section 5(c).
o A new limited allowance for off-site signs is provided. Section 5(d).
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Board of County Commissioners Meeting 11/12/2014 Page 4 of 44
0 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).
0 A new allowance for "substitution", whereby non-commercial signs
can be substituted for any commercial or other sign allowed by the
code. Section 10.
0 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.
0 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 (excemt)
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 (excerpt):
"...rural character refers to the patterns of land use and development established by a
county in the rural element of its comprehensive plan:"
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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. City of Denver, 912 F.2nd 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. Taxpayers 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. City of Lake Oswego, 436 F. 3d 1064 (9" 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.
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g. Linmark Associates Inc.. v. Township of Willineboro, 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.2"d 868 (7th 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.
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signed this (( day of November, 2014.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
4
1C erk of the Board ��P
Approved as to Form Only:
aLuaL
David Alvarez
Deputy Prosecuting Attorney
Page 8
Phil Johnson, Member
David Sullivan, Member
Board of Coun ty Commissioners Meeting 7 111212014 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 1 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.
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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 codified 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 70 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.
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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
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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 11/12/2014 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;
fl) 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).
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 nonconforming 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) Leaal 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
Board of Coun ty Commissioners Meeting 11/12/2014 Page 75 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 laterthan one day after the event.
d) Political signs maybe 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 linited 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\SignslSign Code 2014\Updated approval docslClean sign code w PC 8
staff edits 10-27-14.docx
Board of County Commissioners Meeting 11/12/2014 Page 16 of 44
ATTACHMENT B
Planning Commission Recommended Sign Code Update 6/18/14
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 11/12/2014 Page 17 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 pFed6iGt ef 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) "4oGovernmental sign" means a sign installed or placed by any political subdivision municipal
corporation or junior taxincdistrict of the State or anv entity having taxing authority granted to it
by state statute
new) "Hand held sign" means a sign held or worn by a person.
e -4 -"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.
app) "Nonconforming sign" means any sign in existence within the County on the date of adoption
of the ordinance codified 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.
pgg) "Noncommercial signs" means signs that do not exhort a viewer to patronize a business
including, but nE zed to, pout, u;gns as that tern; .� ��e,,i ieQ in this sectici
fir) "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 18 of 44
ss) "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.
tt) "PPolitical 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 . ;U:i< an election or ballot
proposition.
Lu) "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 public right-of-ways.
o_v) Projection sign" means a sign that is wholly or partly dependent upon a buildingfor support
and which projects more than 12 inches from such building.
N vW—) "Real estate sign" means a temporary sign which directs attention to the sale, lease, or
rental of a particular building, property, or premise whether located at the premises to be sold,
x) "Roof base" means the point at which the walls meet the roof structure, excluding any eves
parapets, cupolas chimneys towers other protections and any roof height caused by the pitch
of a roof.
vft) "Sandwich board sign": See "portable signs".
Wiz) "Sign" 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.
xyaa) "Subdivision real estate sign" means a temporary sign which directs attention to the sale,
lease or rental to more than one lot, house or premise within a subdivision.
zbb) "Temporary sign" means a-pertable 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 when the event or activity ends. that term is
i nteRde l fer i ice fnr A limited
noted.Temporary signs are limited to a maximum time of not more than 180 days in any one
calendar year, unless otherwise noted.
ccaa ) "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 public entities may be approved to locate
their messages on the Wayfinding signs, upon payment of a fee intended to defray the cost of
the program.
3
Board of County Commissioners Meeting 11/12/2014 Page 19 of 44
ddbb ; ) "Use" means the purpose that land or building or structures now serve or for which they
are or may be occupied, maintained, arranged, designed, or intended.
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.
MA) 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).
4
Board of County Commissioners Meeting 11/12/2014 Page 20 of 44
e) Signs or sign structures, which by coloring, shape, working, or location resemble or conflict with
traffic -control signs or devices;
D Signs which impede or create a safety hazard for pedestrians or vehicular traffic; and
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 OF ;A the „06;,,„ nleaFaRGe tHP94 4 G.
except for s, -for governmental signs, portable signs and temporary
signs as defined in Section 18 30 150(3) and as further regulated in orev+d�Section
18.30.150(6) and 18.30.150(8).
doFinoi-1 horcin plaGed Within
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 pursuant to Section 18.30.150(6)(c).
c) Changing message signs are allowed only in rural commercial and rural aAd 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 commercialL-G�-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
5
Board of County Commissioners Meeting 11/12/2014 Page 21 of 44
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) Q sit�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 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. -G+ -rural industrial, resource, public or 4apAUGA 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). s io eyci; snaig tr:e fuf 3:Jv a sions that rsiav t o added
by tf ; parcel exceed the lesser of four (4) signs OR the least
number of additional signs tnat 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 exoeed 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, are permitted to face seaward, excepting signs
relating to safety concerns, such as cable -crossing, construction -dredging, fuel area, etc.
j) No sign shall be placed in a way as to obstruct a driver's vision of motor vehicle traffic,
bicyclists or pedestrians, or traffic signs.
k) Community 9+gPs-afeSigns 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-ek#ree
feet !R width from the around to the top of the sign.
iii) Sandwich board signs shall be displayed during business hours only; and
0
Board of County Commissioners Meeting 11/12/2014 Page 22 of 44
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.
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).
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 the 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).
Unless otherwise stated in this Section, the maximum height in feet above the around for an
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 line.
For example, for a
32building 20' high to the roof line and an allowabb sign size of 32 square feet -s-. s
the maximum sign height would be: square root of 32'= 5.6' + 3520' = 425.6' above
ground level.
g) 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 commercial, 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).
Board of County Commissioners Meeting 11/12/2014 Page 23 of 44
b) Lgg 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 32 64 square feet; except that temporary signs in the
Public right-of-way are subject to size limits of Section 18.30.150,'8, and shall not obstruct safe
visibility 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 hazard. Temporary signs,
except for banner signs placed across roadways, shall not exceed 8 feet in height from the
ground to the top of the sign.
a) Unless ethei;Nise ROted, te may be displayed Rat mere than 46 d ys within any
b)Event Signs and banners promoting public festivals, community or special events, and grand
openings may be di6played up te 30 day6 PFiGF tO the 8VeRt, may be displayed for up to
30 days prior to the event and shall be removed no later than seaen10 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 may be displayed for up to seven days prior to the event and
shall be removed no laterthan one day after the event.
b)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.
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 6eveF;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.
Subdivision Real Estate Sales Signs. Real estate signs advertising the sale of lots or dwelling
units located within a 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 seven10 days following the initial sale of all lots or
dwelling units within the subdivision.
eg.) Temporary signs and portable signs
teF,gs aFe i-lcfiRp to be IGGated 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
pastiRg the sigR, date of pe6ting and must be removed by the party who posted the sign or
their agent not later than 4-99-10 days a#egg-after the sign is no longer serving its
8
Board of County Commissioners Meeting 11/12/2014 Page 24 of 44
purpose, including but not limited to; the end of the temporary event, festival, election, or
sale..ys
fGllGWiRg the . 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
sign regulations and permit requirements established by the tate 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\PC recommended sign
code at 6-18-14 hearing (10-20-14 BOCC draft).docx
0
Board of County Commissioners Meeting 11/12/2014 Page 25 of 44
ATTACHMENT C
Planning Commission Recommended Sign Code Update
6/19/14
18.30.150 Signs.
1) Purpose: These regulations are intended to balance the need to protect public safetv 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 subject to this section 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. The adrniR'stFatE)F may wan-ve
deemed neGeSsani tri m main GGRSiotonnY With the GampFehon a Plan
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.
Board of County Commissioners Meeting 11/12/2014 Page 26 of 44
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.
fq) "Community signs" mean signs which identify a recognized community or unincorporated
place.
Qh) "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.
hi) "�'� +�;s changing message sign" means a type of "moving sign", stele where only the
displaying of words, symbols, graphics or images that 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 2:00am using a foot-candle meter at
a preset distance depending on sign size. The measuring distance in feet shall be determined by
the square root of the product of the sign area and one hundred. In addition, illuminated moving
stens with changing messages shall be equipped with automatic dimming technology which
automatically adjusts brightness due to ambient light conditions.
i) )"Event signs" means signs and banners promoting public festivals, community or special events,
and grand openings.
I) "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 permanent uprights, pole or braces to the
ground and which is not connected to a building.
m) "Hand held sign" means a sign held or worn by a person.
n) "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.
o) "Nonconforming sign" means any sign in existence within the County on the date of adoption of
the ordinance codified 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.
Board of County Commissioners Meeting 11/12/2014 Page 27 of 44
(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, Qe4R illuminated displays located inside buildings and barber poles;
{G)I 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) PeFse„a; 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.L a#eF!Rg painted eR „r
Temporary ; p . 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) Signs in the public right of way.
(n) Temporary signs.
5) Prohibited Signs. The following signs are prohibited:
(a) Abandoned signs;
(b) Billboards signs;
(c) Flashing reyG! vRg ^r Mmoving 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).
4
Board of County Commissioners Meeting 11/12/2014 Page 29 of 44
(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
(g) Signs attached to utility poles or traffic signs, except with the permission of the utility or
agency..
(h) Signs placed within public rights-of-way except as allowed by Section 18.30.150 (4)
Exemptions; Section 18.30.150 (8) Temporary Signs.
Signs not in compliance with Section 18.30.150.
36) Design Standards. All signs must meet the following standards:
i)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-
4+ _
°;i) 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 -A--exceptions to this standard ares temporary signs associated with local festivals,
fairs, parades, or special events pursuant to e, ihsestiem Section -18.30.150 (8)(b); 4Xa}
this sestiGW moving signs where the movement is induced wholly by naturally occurring
causes, such as wind or human power; and ele�tchanginq message signs allowed
pursuant to section 18.30.150 (6) (c).
iii) 9'etF944G changing message signs are allowed only in commercial and industrial zones and
must be directed away from adjacent property zoned residential or open space, including
properties across a public right-of-way. No eIeGkQ is 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 elestfeais changing message sign is allowed per property. Multitenant buildings on
a single property are permitted a single electronic changing message sign. E'is
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 eiestFep�G
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 aAe five years of adoption of this code.
b) Sign size and number shall be regulated as follows:
!�L
For any use within any commercial or industrial
5
Board of County Commissioners Meeting 11/12/2014 Page 30 of 44
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,4#e
The size of signs in square footage shall be
calculated by the outside dimension 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.
—On-site signs for any use located in any rural residential district shall not exceed 32 square
feet of total sign area, with the exception of community signs, which 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).
e}�9)_Uses located in any rural commercial or industrial land use districts shall have no more
than two OR pFe on -sites 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 the
provisions of Section 18.30.150(1).
Signs attaGhed to er painted agaiRSt the struGtuFe to whiGh it relates shall not be Gemputed as
g}d)_All signs shall be maintained to be structurally sound, intact, secured in
their places and not present a public hazard. Pursuant to Section 18.30.150 (5)(f), Ssigns that
present a public hazard as determined b the In#orsen �veunty b uildiRn n#igial nr r�lon
QG�v, .,.„.vow •.,v �v„
of publisWO shall be subject to abatement.
h)e�_The design of freestanding signs shall include measures to restrict vehicles from passing
beneath them, upless nthnnNnen peFFnitted by the Inffersnn Gni inty department of nU Klin
werlcs. All freestanding pole signs or projecting signs shall provide pedestrian clearance to a
minimum of eight feet, from the ground to the bottom of the sign where applicable.
aA
0
Board of County Commissioners Meeting 11/12/2014 Page 37 of 44
No signs located on property immediately adjacent to bodies of water, other than those related
to water dependent uses, such as a marina, are permitted to face seaward, excepting signs
relating to safety concerns, such as cable -crossing, construction -dredging, fuel area, etc.
k}b)__ No sign shall be placed_; ,.,.t a chive, inion c motor vehide traffic,
way
bicyclists or pedestrians, or traffic signs _at iRt8F6eGtOG146 ;n thn nuhlin right of way Ar in the
4 r a43A r0 irh ri itc i Inlocc gthoRAAj;9
iW .12 MMINTMOVURVIR!"OREW URT-.3.- W . 0 - a - - 0.
4 Community Signs whiGh identify a FeGGgRiZed GGMMURit, . qFated plaGe 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 are subject to the following criteria:
No more than two sandwich board sians may be erected oer business
ii) Sandwich board signs shall not exceed four feet in height or three feet in width;
iii) Sandwich board signs shall be displayed during business hours only and
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.
Board of County Commissioners Meeting 11/12/2014 Page 32 of 44
(1)
(2) the data of the expoFa460=0,
(3)
b) Off-site signs may only be allowed when the meet all of the following standards:
i) Are directional in nature as defined in Section 18.30.150.(3))h).
i) Located on private property along a major or minor arterial;
ii) Located not less eaere -than 600 feet from an intersection; and
iii) No larger than 4-2-32 square feet for non-commercial signs and not larger than six
square feet for commercial signs.
iv) Only two off-site_ 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; and located not more
than 1,32 linear feet from the turn off to the destination of the sign.
+ 7j) Banner signs no larger than 4-2 64 square feet and not placed on utility
poles without the permission of the utility.
e3k) Hand held signs shall not exceed 4-2 16 square fee-; 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 the provisions of Section 18.30.1 50(l).
9) 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 pKen4ses 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. +"� ^tee. Until
then, such signs must be continually maintained, not relocated, and not structurally altered.
Nonconforming off-pren*_,es site signs may be replaced by off-site directional signs as allowed
in this section.
b) Legal Nonconforming ea-prer+seon-sites signs may remain provided they are continually
maintained, not relocated, and not structurally altered.
�9. Temporary Signs. Temporary signs are exempt from the requirements to obtain a sign permit aye
subject to the following standards:
spa) Temporary signs shall be limited in size to 32 square feet and shall not obstruct safe visibilitv or
of any motor vehicle e or pedestrian traffic. Temporary signs shall be secured in their location
so as to not collapse, become airborne or otherwise cause a safety hazard. Unless otherwise
noted, temporary signs may be displayed not more than 45 days within anv 12 consecutive month
period.
Board of County Commissioners Meeting 11/12/2014 Page 33 of 44
c) Event Signs and banners promoting public festivals, communitv or special events. and arand
openings may be displayed up to 30 days prior to the event, and shall be removed no later
than seven 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, or designee for a
"special event permit'.
d)
e) Real estate signs are subject to the following additional criteria:
i) Real estate signs shall be removed within seven 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.
{� hall not be more than 12 sauare feet in size and not exceed 8 feet above existing
grade as measured from the ground to the top of the sign.
e)—
ii) Subdivision Real Estate Sales Signs. Real estate signs advertising the sale of lots or
dwelling units -located within a 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 fen4Gve4-removed within seven days following 4PGR the initial
sale of all lots or dwelling unitsGIGsiREI of subdiviseR s<„es- within the subdivision.
iii
4)iv . 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 as measured from the ground to
the top of the sign and must include the name and contact information of the party posting
the sign, the date of posting and must be removed by the party who posted the sign or their
agent not later than 180 days after posting. Signs in the public right of way relating to
elections shall be removed within seven days of the election.
-a10. Signs along state highways. All signs along state highways in Jefferson County are also subject
to sign regulations and permit requirements established by the state of Washington. y
omiliorize thomcohioo yenth thorn ror.i iiromontc Coo468 66 VVash'RqteR AdminmStFatove-Qe�.
4--',1. Substitution. Noncommercial signs are allowed in all districts and may be substituted for any sign
expressiy allowed under this errranee code.
G:\PLANNING\JCC - UDC - Other Codes\UDC MASTER FOLDER\Signs\Sign Code 2014\PC & BOCC approval docs\Draft siqn code w -
strike -through for PC public hearing 6-18-14.docx
Board of County Commissioners Meeting 11/12/2014 Page 34 of 44
Attachment D
�yON\
'9SHINGtiG
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368
(360) 379-4450
Guidance to Create Findings for MLA12-00226
UDC Text Amendment
For
JCC 18.30.150 & 18.18. 100
Sign Code
Proposed Amendment to:
Jefferson County
Unified Development Code, Title 18
June 18, 2014
To: Board of County Commissioners, Chair John Austin;
Department of Community Development, Director Carl Smith; and
Interested public 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 considered the growth management indicators and other
general guidance on required findings, pursuant to JCC 18.45.080, and therefore do hereby declare
the following findings and conclusions in support of our decision:
1. Deliberations—discussion of proposal and entering findings & conclusions
"For all proposed amendments, the planning commission shall develop findings and
conclusions and a recommendation which consider the growth management
indicators set forth in JCC 18.45.050 (4)(b)(i) through (4)(b)(vii), as well as the
following:"
[NOTE: text from JCC 18.45.080 (1)(b). The indicators mentioned in .050 will be
introduced and addressed later in this worksheet.]
Board of County Commissioners Meeting 11/12/2014 Page 35 of 44
a) Required findings; adapted from JCC 18.45.080 (1)(b)(1 -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)(i) through
(4)(c)(viii)
(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 Planning Commission 6-18-14
MLA 12-00226 Sign Code Page 2 of
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 -speck 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: NIA — The proposed sign code update is not site -speck.
(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 6-18-14
MLi 12-00226 Sign Code Page 3 of 7
Board of County Commissioners Meeting 11/12/2014 Poge37 of 44
(vii) 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: N/A — 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 18.45.060(4)(b)(1) through (4)(b)(vit)
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]
'How to Decide' Supplement for Planning Commission 6-18-14
MLA 12-00226 Sign Code Page 4 of 7
Board of County Commissioners Meeting 11/12/2014 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.
vl) 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' Supplement for Planning Commission
MLA11-00216 Sign Code
6-18-14
Page 5 of 7
Board of County Commissioners Meeting 1 U1212014 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 Decide' Supplement for Planning Commission 6-1R-14
A&412-00226 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.
fj 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 16, 2014, the Jefferson County Planning Commission voted `+_7 to
approve, 0 to deny and v abstentions for MLA 12-0026 and recommend that the BOCC
approve / deny the Planning Agency's request to amend the JCC as proposed in MLA 12-0026.
Kevin Coker, Chair
Date
G:IPLANNINGucc • UDC - Other CodeslUDC MASTER FOLDER\Sgnsl4ign Code 20141PC 8 BOCC approval docsl?C Findings How to
Decide Worksheet Sign Code 3-19-14.docz
'How to Decide' Supplement for Planning Commission 6.18-14
MLA 12-00226 Sign Code Page 7 of 7
Board of County Commissioners Meeting 17/12/2014 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,
includino 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 71/12/2014 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)0); 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)(4)(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)(x).
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)(9) 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
2
Board of County Commissioners Meeting 1111212014 Page 43 of 44
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Board of County Commissioners Meeting 1111212014 Page 44 of 44
Section 18.30.150(3)(x) 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)(j) 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 signs that advertise a business are
of off-site signs. However, existing legal
prohibited.
nonconforming off-site signs are permitted until
the County has a "Wayfnding" 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:
_'signage 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)(i) 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.
G:IPLANNINGUCC - UDC - Other Codes\UDC MASTER FOLDER1SignslSign Code 2014\Re ponse to public comment at 5-7-14
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Board of County Commissioners Meeting 1111212014 Page 44 of 44
Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMIS:
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Carl Smith, Director; Department of Community Development (DCD) (i -
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.
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:
A
Philip Morley, Punty AWministrator
Date