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HomeMy WebLinkAboutord1988-100FILE REF: 18 -88:ZT INTRODUCED BY: Consent PROPOSED BY: Panning DATE: Pdovem er , 1 ORDINANCE NO. 88 -100 2 AN ORDINANCE AMENDING THE TEXT OF TITLE 20, THE OFFICIAL WHATCOM COUNTY 3 ZONING ORDINANCE TO CLARIFY AND MODIFY THE SETBACKS FOR OFF- PREMISE 4 ADVERTISING SIGNS 5 WHEREAS, Matt Minninger applied for a text change to Title 20 to clarify and 6 modify the setback provisions for off premise advertising signs; and 7 WHEREAS, a Determination of Nonsignificance was issued on October 5, 1988. 8 WHEREAS, pursuant to RCW 36.70.590 and Council directive a legal notice was 9 published in the Westside Record Journal on October 5, 1988, and in the Bellingham 10 Herald on October 8, 1988; and 11 WHEREAS, a public hearing was held before the Planning Commission on this matter 12 on October 18, 1988; and 13 WHEREAS, the Council held a public meeting on December 1, 1988, to consider the 14 Planning Commission's recommendation; 15 NOW THEREFORE BE IT RESOLVED: 16 1. Title 20 is hereby amended as follows: 17 ADD: 18 20.80.215 OFF- PREMISE ADVERTISING SIGNS 19 Off - premise advertising signs shall be subject to the following setbacks. Sections 20 20.80.210 and 20.80.230 shall not apply. 21 No portion of a sign shall be placed within fifteen (15) feet of any right -of- 22 .0 way except as provided in subsection (3) of this section. 23 u Minimum side and reax - yard setbacks shall be ten (10) feet except where they abut 24 a right -of -way. 25 in Off- premise advertising signs oriented towards Interstate 5 may be up to within 26 five (5) feet of the Interstate 5 right -of -way when approved by all agencies 27 having .jurisdiction. 28 MODIFY: 29 20.80.510 General Provisions - Applicable to All Districts: 30 (3) Off- premise advertising signs are prohibited in all districts except adjacent 31 to arterial roads in commercial or industrial districts where they are 32 conditionally permitted. Maximum sign size shall be 320 square feet and not more 33 than 30 feet high; except that along those five (5) lane roadways constructed 34 or designated for construction within the next fiscal year, maximum size shall 35 be 576 square feet per side and maximum height shall be 30 feet. Minimum 36 separation between signs shall be 500 feet. In no race shall any portion of ,n 37 off-premise advertising sign be inst2llgd wi+6in f;4f@+ (15 1 fop+ of the nilnn 38 of a rnnrl „ All off - premise advertising signs shall meet the setback 39 reecujrements found in Section 20.80.215. 40 2. The Council finds the public health, safety and general welfare are promoted by 41 the above change. 0 3 1 2 3 4 FILE REF: 18 -88:ZT Page 2 The Council further makes the following findings as recommended by the Planning Commission: FINDINGS A. Off- premise advertising signs are restricted to arterials contiguous to commercial and industrial zone districts and require conditional use permits. 5 B. The Planning Commission has previously determined that a 15' setback is 6 adequate for off - premise advertising signs and this was incorporated into 7 Title 20 under 20.80.510(3). 8 C. The language in 20.80.510(3) is ambiguous and creates an apparent conflict 9 with the setback tables in 20.80.200. 10 D. The Hearing Examiner has ruled that there is sufficient conflict with the 11 text language that he must interpret Section 20.80.510(3) literally as the 12 absolute minimum setback he can grant even with a variance and not as the 13 prevailing setback criteria. 14 E. There are no side yard setbacks for most commercial zones; most industrial 15 zones have 10'; Resort Commercial is 5' and Heavy Impact Industrial is 60'. 16 A uniform setback for off - premise signs is not a necessity but is a 17 convenience that is worth considering. Allowing a zero setback could create 18 future problems with an adjacent owner that wants to have a building on the 19 property line. 20 F. The application to reduce the setback along I -5 is based on the following 21 considerations: 22 (a) greater setbacks require more trees to be cut in many situations; 23 (b) the I -5 speed limit is now 65 miles per hour in non -urban areas; 24 (c) signs along I -5 are highly regulated including a size limit of 150 square 25 feet. 26 CONCLUSIONS 27 A. The language regarding off - premise advertising signs should be corrected to 28 eliminate ambiguity in the ordinance. Because it was the Planning 29 Commission's intent to have a 15' setback, the ordinance change should 30 reflect that desire. 31 B. Creating a new subsection directed toward off - premise signs will best 32 eliminate the ambiguity. 33 C. Establishing a common side yard requirement for all off - premise signs 34 simplifies the regulations and provides some protection to an adjacent 35 commercial owner who wishes to build on his property line. FILE REF: 18 -88:ZT Page 3 0 D. Reducing the setbacks along I -5 to five (5) feet creates no undue visual 1 problems because of the Scenic Vistas Act regulations and will in some 2 situations preclude the necessity of cutting down trees for sight distance. 3 E. Reduction in the setbacks will however aid in the readability of the signs 4 as cars pass at 65 miles per hour. 5 4. Adjudication of invalidity of any of the sections, clauses, or provisions of this 6 Ordinance shall not affect or impair the validity of the Ordinance as a whole 7 or any part thereof other than the part so declared to be invalid. 8 PASSED this 1st day of December , 1988. 9 10 11 12 13 ATTEESST: 15 Clerk of the Council 16 A iQP VED AS TO FORM: 17 18 19 Dave Cot ngham 20 Civil Dep y Prosecuting Attorney 22 WHATCOM COLINTY EOH CIL H TCOM COUNTY, IN ON iam P. R Ch irperson (,-f APPROVED ( ) VETOED JL' ,, J4- Shirley Van anten, ounty Executive Date October 18, 1988 File Ref: 18 -88:ZT WHATCOM COUNTY PLANNING AGENCY REPORT IN THE MATTER OF AMENDING THE TEXT OF TITLE 20, ) THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE TO ) FINDINGS, REASONS CLARIFY AND MODIFY THE SETBACKS FOR OFF PREMISE ) AND MOTION ADVERTISING SIGNS ] WHEREAS, Matt Minninger applied for a text change to Title 20 to clarify and modify the setback provisions for off premise advertising signs; and WHEREAS, a Determination of Nonsignificance was issued on October 5, 1988. WHEREAS, pursuant to RCW 36.70.590 and Council directive a legal notice was published in the Westside Record Journal on October 5, 1988, and in the Bellingham Herald on October 8, 1988; and WHEREAS, a public hearing was held before the Planning Commission on this matter on October 18, 1988; and WHEREAS, after accepting public testimony and due deliberation the Planning Commission developed findings and conclusions and unanimously moved to recommend to Council modifications to the setbacks for off premise advertising signs; NOW THEREFORE BE IT RESOLVED: FINDINGS OF FACT AND REASONS FOR ACTION 1. A quorum of Commission members was present during the hearing and subsequent discussion [seven Commissioners present]. 2. Statutory requirements were met regarding legal notice and SEPA review. 3. The Planning Commission accepted the findings and conclusions as developed by staff with the exception of Finding #6 and Conclusion #4 which are replaced and a new Conclusion #5 was added as follows: FINDING #6: The application to reduce the setback along I -5 is based on the following considerations: (a) greater setbacks require more trees to be cut in many situations; (b) the I -5 speed limit is now 65 miles per hour in non -urban areas; (c) signs along I -5 are highly regulated including a size limit of 150 square feet. CONCLUSION #4: Reducing the setbacks along I -5 to five (5) feet create no undue visual problems because of the Scenic Vistas Act regulations and will in some situations preclude the necessity of cutting down trees for sight distance. 1 October 18, 1988 File Ref: 18 -88:ZT CONCLUSION #5: Reduction in the setbacks will however aid in the readability of the signs as cars pass at 65 miles per hour. 4. The Planning Commission unanimously made the following recommendation: ADD: 20.80.215 OFF- PREMISE ADVERTISING SIGNS Off- premise advertising signs shall be subject to the following setbacks. Sections 20.80.210 and 20.80.230 shall not apply. JU No portion of a sign shall be placed within fifteen (15) feet of any right - of -way except as provided in subsection (3) of this section. U Minimum side and read yard setbacks shall be ten (10) feet except where they abut a right -of -way. in Off- premise advertising signs oriented towards Interstate 5 may be up to within five (5) feet of the Interstate 5 right -of -way when approved by all agencies having jurisdiction. MODIFY: 20.80.510 General Provisions - Applicable to All Districts: (3) Off- premise advertising signs are prohibited in all districts except adjacent to arterial roads in commercial or industrial districts where they are conditionally permitted. Maximum sign size shall be 320 square feet and not more than 30 feet high; except that along those five (5) lane roadways constructed or designated for construction within the next fiscal year, maximum size shall be 576 square feet per side and maximum height shall be 30 feet. Minimum separation between signs shall be 500 feet. 44 no case shall any port -ion of an ff_ premise adver- tisitag sign he i a withara— i fteen (15Tfeet of the edge eT a rein f —,:aT. All off - premise advertising signs shall meet the setback requirements found in Section 20.80.215. WHATCOM COUNTY PLANNING COMMISSION Jan Freeman, Vice Chair Qn Nju - ., Daniel W. Taylor, S retary Commissioners present at hearing: BAIJOT, SHEARER, HEERINGA, H:INTON, VAN DALEN, FUNKHOUSER AND FREEMAN Attachments: 1. Staff Report 2. Draft Ordinance 2 File #18 -88:ZT October 12, 1988 WHATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT APPLICANT: MATT MINNINGER REQUEST The request is to amend Section 20.80.510(3) of Title 20 to clarify the intent to allow off - premise advertising signs to be within 15' of the right -of -way; to reduce the setback from I -5 to 5' from the right -of -way line; and to establish a 5' side yard setback. The specific language proposed, which would be added to 2.80.510(3), is: Off- premise advertising signs shall not be administered by 20.80.200 (Setback Requirements) but by the following: (a) in no case shall any portion of an off - premise advertising sign be installed within fifteen (15) feet of the edge of a road right -of -way (b) minimum yard setbacks shall be for the side and the rear, five (5) feet and for the front, fifteen (15) feet. Notwithstanding a & b above, for off - premise advertising signs oriented towards Interstate <5 the minimum setback from the Interstate 5 right -of -way shall be five (5) feet. LOCATION This request affects all properties in commercial and industrial zones contiguous to arterial roads. STATUTORY REQUIREMENTS Pursuant to RCW 36.70.590 legal notice was published in the Westside Record Journal on Wednesday, October 5, 1988, and in the Bellingham Herald on Saturday, October 8, 1988. The Deputy SEPA Official issued a Determination of Nonsignificance on October 5, 1988. REGULATORY EFFECTS OF THE REQUEST At present there is conflict in Title 20 between the setback table and the signs provisions regarding setbacks. This modification is intended to eliminate the conflict by allowing off - premise advertising signs to be located within 15' of rights -of -way. It would also allow off - premise advertising signs to be located within 5' of the Interstate 5 right -of -way, and establishes a uniform side yard setback of 5' where there is no street. Side yards now vary from zero to 10' depending on whether the signs are in commercial or industrial zones, and I -5 is treated like any other arterial and is part of the conflict. When the table in 20.80.210 is used to determine setbacks they vary from 25' to 45', even 100' if the Heavy Impact Industrial zone is considered. File #18 -88:ZT October 12, 1988 ANALYSIS AND EVALUATION In March 1987 as part of a process of housekeeping amendments, the Planning Commission also made some modification to off - premise sign regulations. These included allowing greater size along five lane roadways and reducing the setback to 15'. As all off - premise advertising signs are a conditional use, these signs still require a hearing and approval from the Hearing Examiner. The way the present language is drafted, the Hearing Examiner's interpretation is that off - premise signs must comply with the setback table in 20.80.200 and that the 15' minimum in 20.80.500(3) is an additional prohibition that does not allow him to grant a variance at less than this number. This is based on the following language: "In no case shall any portion of an off - premise advertising sign be installed within fifteen (15) feet of the edge of a road right -of- way ". This issue has come up in several conditional uses where it was necessary to also seek a variance to get to the 15' which the applicant and staff working on the application thought was the intent in the first place. There is no conflict in the ordinance regarding side yards, but there is no consistency between zones for the same use. The proposal splits the difference between a zero setback and ten feet. The staff's inclination would be to be much more restrictive on side yards to protect the adjacent neighbor. However when a zero setback is already allowed in commercial zones and the applicant is willing to accept a 5' minimum for all zones, the average seems a reasonable middle ground. The applicant also requested that the setback for off - premise signs fronting freeways be reduced to 5' because of the large amount of freeway right -of -way. Staff believes this is not a necessary change given the total distance involved. FINDINGS 1. Off- premise advertising signs are restricted to arterials contiguous to commercial and industrial zone districts and require conditional use permits. 2. The Planning Commission has previously determined that a 15' setback is adequate for off - premise advertising signs and this was incorporated into Title 20 under 20.80.510(3). 3. The language in 20.80.510(3) is ambiguous and creates an apparent conflict with the setback tables in 20.80.200. 4. The Hearing Examiner has ruled that there is sufficient conflict with the text language that he must interpret Section 20.80.510(3) literally as the absolute minimum setback he can grant even with a variance and,not as the prevailing setback criteria. 5. There are no side yard setbacks for most commercial zones; most industrial zones have 10'; Resort Commercial is 5' and Heavy Impact Industrial is 60'. A uniform setback for off - premise signs is not a necessity but is a 2 File #18 -88:ZT October 12, 1988 convenience that is worth considering. Allowing a zero setback could create future problems with an adjacent owner that wants to have a building on the property line. 6. The application also included a request to reduce the setback from the I- 5 right -of -way to 5' because the right -of -way is so wide. However, the right -of -way is designed to accommodate additional lanes at a future date if necessary. Given the distances involved, ten additional feet would not make a significant difference. CONCLUSIONS 1. The language regarding off - premise advertising signs should be corrected to eliminate ambiguity in the ordinance. Because it was the Planning Commission's intent to have a 15' setback, the ordinance change should reflect that desire. 2. Creating a new subsection directed toward off - premise signs will best eliminate the ambiguity. 3. Establishing a common side yard requirement for all off - premise signs simplify the regulations and provides some protection to an adjacent commercial owner who wishes to build on his property line. 4. Reducing the setbacks along I -5 appear unnecessary and could cause the signs to visually appear too close if any portions of I -5 should ever be widened. RECOMMENDATIONS The Planning Department recommends adoption of the following proposed changes: ADD: 20.80.215 OFF- PREMISE ADVERTISING SIGNS Off- premise advertising signs shall be subJect to the following setbacks. Sections 20.80.210 and 20.80.230 shall not apply. ,U No portion of a sign shall be placed within fifteen (15) feet of any right - of -way. ,U Minimum side and read yard setbacks shall be five (5) feet except where they abut a right -of -way. 3 File #18 -88:ZT October 12, 1988 MODIFY: 20.80.510 General Provisions - Applicable to All Districts: (3) Off- premise advertising signs are prohibited in all districts except adjacent to arterial roads in commercial or industrial districts where they are conditionally permitted. Maximum sign size shall be 320 square feet and not more than 30 feet high; except that along those five (5) lane roadways constructed or designated for construction within the next fiscal year, maximum size shall be 576 square feet per side and maximum height shall be 30 feet. Minimum separation between signs shall be 500 feet. -14 no case shall an,- portion of an off - premise advertising sign he insta within Afteen (15) feet of the edge of a— road - ight —of- -. All off - premise advertising signs shall meet the setback requirements found in Section 20.80.215.