HomeMy WebLinkAboutord1990-085,;
WHATCOM COUNTY COUNCIL AGENDA BILL NO.90-164~it
CLEARANCES:llnitioll Do el Date Received in Council Office:Aaenda Date'Assianed 'To:
Orillinotor-
Division Head-
Department Head-
Prosecutor Review-
Purchasi na/Budllet Di r.-
Executive-
SUBJECT:FILE 11-90:ZT AN ORDINANCE AMENDING THE TEXT OF THE OFFICIAL WHATCOM COUNTY
ZONING ORDINANCE.TITLE 20.TO MODIFY SECTIONS 20.80 SUPPLEMENTARY REQUIREMENTS,
20.64.600 AND 20.65.606 RESORT COMMERCIAL AND GATEWAY INDUSTRIAL SIGN REGULATIONS,
AND 20.97 DEFINITIONS.TO INCLUDE ADDITIONAL RESTRICTIONS ON OFF-PREMISE ADVERTISING
SIGNS
ATTACHMENTS:Draft Ordinance
Memo from Dan Taylor
Public Hearing Needed?Yes /--1 No /XX/
SUMMARY STATEMENT:Based on the recent veto by the Executive,the Council may be reconsidering the proposed
ordinance recommended by the Planning Commission (see copy attached).There were several suggested Improvemenls
to that ordinance based primarily on the need to establish a definitive number other than the 24 Indicated,and to clarify who
has the right to replace signs.The June 12 memo from Dan Taylor addresses these and other minor refinements.The
minor changes are not essential,but were suggestions received by the Planning Department to make the Gateway Industrial
.regulations and supplementary reqUirements clearer,Including the need for a conditional use permit.
RECOMMENDED ACTI ON:The Planning Department recommends Council adopt the ordinance preViously proposed by the
Planning Commission with amendments as suggested In the June 12 memo and with following changes In the 'WHEREAS".
Delete the last WHEREAS and add:
WHEREAS Council held a pUblic hearing on June 12.1990 to consider the Planning Commission's recommendation
and after receiving testimony referred the matter to committee:and
WHEREAS Coyncll held an additional hearing on a revised ordinance on July 10,1990,which would eliminate off-
premise signs by the year 2000.and adopted this ordinance which was sybseguently vetoedby the Executive:and
WHEREAS on August 7,1990.Council reconsidered the Planning Commission's ordinance with modifications
discussed at the June 12 hearing.
COMMITTEE ACTION (including dates):
COUNCIL ACTION (inclUding dates):
8/7/90:council approved 5-1 Imhof against
Related File Numbers:O d 'R1 t·Nb Qrd90-85r1nanceoresoU10numer:
\
NO.90-161 A
CLEARANCES:(Initiall Date)Date Received in Council Office:Aaenda Date:Assianed To:
'iainator-~\t illrn@~nWrn{ID 5/8/90 CouncillIntro /P10
'"Division Head-5/22/90 P&D/Council
-,
Deoartment Head-f:l.l\Y.0 ~1990 6112/qn InOM7·Ir;nn-".,
~
Prosecutor Review-
.-7110/90 PS/Council-Hearinq-
PurchasinQ/Budaet Dir.-WHATCOM COUNTY
Executive-COUNCIL /
~TCbM COUNTY COUNCIL AGENDA BILL
SUBJECT:FILE 11-90:ZT AN ORDINANCE AMENDING THE TEXT OF THE OFFICIAL WHATCOM COUNTY
ZONING ORDINANCE,TITLE 20,TO MODIFY SECTIONS 20.80 SUPPLEMENTARY REQUIREMENTS,
20.64.600 AND 20.65.606 RESORT COMMERCIAL.AND GATEWAY INDUSTRIAL SIGN
REGULATIONS,AND 20.97 DEFINITIONS,TO INCLUDE ADDITIONAL RESTRICTIONS ON OFF-
PREMISE ADVERTISING SIGNS
ATTACHMENTS:
(most on file)
Draft Ordinance --Proposed amended ordinance
Agency Report with attached Staff Report
Minority Report
Public Hearing Needed?Yes 1__1 No 11 MAYBE*-
SUMMARY STATEMENT:Because of the controversy associated with the sign regulations,the
lack of public participation at the Planning Commission hearing,the Council's possible
"'esires to make changes,the minority report,and some minor adjustments the staff would 1iek
;0 request,it is recommended that Council hold its own hearing on the proposed sign
regulation revisions.
RECOMMENDED ACTION:The Planning Commission recommends adoption of the proposed ordinance.
Staff recommends an additional hearing.
COMMITTEE ACTION (including dates):
5/8:Kept in Committee until 5/22.were not aware could set hearing at time of introduction.
5/22:Committee recommended to Council that a hearing take place.
6/12:See below.
COUNCIL ACTION (including dates):
5/22:Scheduled for public hearing on June 12..
6/12:Referred back to Public Services COrrmittee on June 26 (d.e.\,(\f J "
6/26/90:Brought up by Warner.Clerk directed to advertise ordinance (or hearing,noting the
possibility of amendments to ~e made to the original text.
7-10-90 11 people spoke at the public hearing.
/-10-90 Ord passed with amendments
Related File Numbers:Ordinance or Resolution Number:Ord90-66 *"ro/'7~
1
FILE REF:11-90:ZT
5IAros~iru.rE 3-7-90
INTRODUCED BY:Consent
PROPOSED BY:PLANNING
DATE:8/7/90
ORDINANCE NO._9::....:0=---..:;.85~__
2 AN ORDINANCE AMENDING THE TEXT OF THE OFFICIAL WHATCOM COUNTY ZONING
3 ORDINANCE,TITLE 20,TO MODIFY SEC·nONS 20.80 SUPPLEMENTARY REQUIREMENTS,
4 20.64.600 AND 20.65.606 RESORT COMMERCIAL AND GATEWAY INDUSTRIAL SIGN
5 REGULATIONS AND 20.97 DEFINITIONS,TO INCLUDE ADDITIONAL RESTRICTIONS ON OFF-
6 PREMISE ADVERTISING SIGNS
7 WHEREAS,the Whatcom County Planning Department has initiated proposed modifications to the Official
8 Whatcom County Zoning Ordinance,Title 20,to modify sections 20.80 Supplementary Requirements,20.64.600
9 and 20.65.606 Resort Commercial and Gateway Industrial sign regultions and 20.97 Definitions,to include additional
10 restrictions on off-premise advertising signs;and
11 WHEREAS,pursuant to RCW 36.70.590 and Council directive legal notice was published in the Westside
12 Record Journal and the Lynden Tribune on March 7,1990;and in the Bellingham Herald on March 10,1990;and
13
14 and
WHEREAS,a Determination of Non Significance was issued by the Deputy SEPA Official on April 23,1990;
15 WHEREAS,the Planning Commission held a public hearing on this matter on March 20,and two work
16 sessions on March 28 and April 17,1990;and
17 WHEREAS,after accepting public testimony and due deliberation the Planning Commission made minor
18 modifications to the proposed amendments and accepted the staff findings and conclusions and voted 6-3 in favor
']to recommend approval to Council the requested text change as modified by the Commission;
20 WHEREAS,Council held a public hearing on June 12,1990 to consider the Planning Commission's
21 recommendation and after receiving testimony referred the matter to committee;and
22 WHEREAS,Council held an additional hearing on a revised ordinance on July 10,1990,which would
23 eliminate off-premise signs by the year 2000,and adopted this ordinance which was subsequently vetoed by the
24 Executive;and
25 WHEREAS,on August 7,1990,Council reconsidered the Planning Commission's ordinance with
26 modifications discussed at the June 12 hearing;
27 NOW THEREFORE BE IT ORDAINED by the Whatcom County Council as follows:
28 1.The Official Whatcom County Zoning Ordinance,Title 20,is hereby amended as follows:
29 RESORT COMMERCIAL 20.64
30 .600 Sign regulations shall be administered pursuant to Section 20.80.400 of the Official Whatcom County
31 Zoning Ordinance.e<eept that RO on premise advertisiR§Si§RS are allowed other thaR those speoified iR
32 20.80.470.
FILE REF:11··ZT
P"'::je 2
1 GATEWAY INDUSTRIAL 20.65
2 .601 No on premise signs advertising non-commercial uses shall be oriented to the freeway except one per use
3 that meets the following standards:
4 .602 No on premise signs advertising commercial uses shall be oriented towards the freeway except on-site
5 signs for commercial uses located within a one-fourth mile radius of a full freeway interchange.
6 .603 No on premise freestanding signs shall Ret exceed thirty feet in height nor 6Ra»exceed two hundred fifty
7 (250)square feet in area on all faces,shall be set within landscaped area,and shall not be located closer
8 than two hundred (200)feet apart regardless of ownership or number of businesses.
9 .606 No off-premise advertising signs are allowed except as provided for In 20.80.410.20.80.470,and eEeeJ*
10 tRat along tRe interstate Rigt:l...;ay as allowed by RCW 47.42,the Washington Scenic Vistas Act:,;In addition,
11 those signs along the Interstate Highway shall also meet the following requirements:maximum height of
12 twenty (20)feet:maximum size of one hundred-fifty (150)square feet:minimum separation between signs
13 of one thousand (1000)feet:and no more than two (2)signs within anyone mile offreeway frontage.si§Rs
14 not exoeeding a maximum ReigRt of twenty (20)feet and a maximum size of one Rundred fifty (16G)square
15 feet 'IIitf:1 a minimum separation between signs of one tf:1ol:lsand (10GO)feet and not exeeeding two (2)signs
16 't'Jitf:1in anyone mile of freO'J'tlay frontage.
17 20.80 SUPPLEMENTARY REQUIREMENTS
18 .215 OFF-PREMISE ADVERTISING SIGNS.Off-premise advertising signs shall be subject to the following
19 setbacks.Sections 20.80.210 and 20.80.230 shall not apply.
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(1 )
(2)
(3)
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.
Minimum side and rear yard setbacks shall be ten (10)feet except where they abut a right-of-way.
Off-premise advertising slgns oriented towards Interstate 5 may be up to within five (5)feet of the
Interstate right-of -way when approved by all agencies having jurisdiction.
No off-premise advertising sign shall be within 500 feet of any residence or residential zoning or
within 1000 feet of any church,school.cemetery.park.open space designation or historical
landmark.
No off-premise advertising sign shall be within 50 feet of any intersection.
29 20.80.400 SIGN CONTROLS
30 .410(3)Off-premise advertising signs are prohibited in all districts except adjacent to arterial roads or Interstate
31 ~in general commercial or industrial districts where they require a conditional use permit are oonditionally
32 permitted.Maximum sign size shall be ~288 square feet and not more than ae 25 feet high;exoept tRat
33 along tRose five (6)lane roael ....'aY6 oonstruoted or designated for oonstruction within tRe next tisoal year,
34 mii}{imum size shall be 6'78 square feet per sideand maximum height shall be ao feet.Minimum
35 separation between off-premise advertising signs shall be eOO feet a 500 foot radius.All off-premise
36 advertising signs shall meet the setback requirements found in Section 20.80.215.Off-premise signs may
37 be back to back only.no V-type signs are allowed.Off-premise signs may display at most two (2)
18 advertisements per side.The number of off-premise advertising signs within the county shall not exceed
.9 18.which is the total of existing off-premise advertising sign structures that as of April 3D,1990 (a)had a
40 County Conditional Use Permit and (b)those facing Interstate 5 within commercial or Industrial districts
FILE REF:11 J ~T
Pal:/d 3
1 with a valid State permit.Permit holders for the existing 18 signs may replace any sign they remove with
~a new sign subject to obtaining conditional use approval for the new sign.By no later than April 3D.1996,
J all conforming off-premise advertising signs which became non-conforming as a result of new regulations
4 adopted the 7th day of August.1990.shall meet all requirements of said regulations or be abated:
5 PROVIDED that.those signs holding valid conditional use permits need not conform to the setback from
6 residences requirement of Subsection .215(4).
7 20.80.420 NEIGHBORHOOD COMMERCIAL DISTRICT SIGN REGULATIONS
8 Off premise advertising signs are prohibited.
9 20.80.430 TOURIST COMMERCIAL SIGN REGULATIONS
10 (5)8i11seaFds Off premise advertising signs are prohibited.
11 20.80.440 RESORT COMMERCIAL DISTRICT SIGN REGULATIONS
12 Off premise advertising signs are prohibited.
13 20.80.470 EXEMPTIONS
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(5)Private directional signs up to twelve (12)square feet in business,commercial or industrial districts,and
up to six square feet in other districts;provided that:
No single use shall have signs occurring more frequently than one per mile;aM
Signs shall meet s\,Iilding off-premise advertising sign (20.80.215)setback requirements unless they
are four feet or less in height,in which case setback shall be five feet from any right-of-way and
30 feet from any driveway;
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21
22
23
.@
(e)
No sign shall violate the clear vision section (2.24.GQQ.G2Q 20.80.291):and
Existing signs that do not comply with all provisions above may continue to exist until for one year
from date of adoption of tRis amendment,May 1,1991,at which time all nonconforming signs
shall be abated.
24 Public agency directional siqns:provided that:
25 (a).(b)and (d)same as (5)above:(e)eliminated:and (c)to read:signs may be located in the public
26 right-of-way subject to obtaining a revocable encroachment permit from the County.
27 DEFINITIONS
28 .384 SIGN.OFF-PREMISE ADVER1·ISING.A sign that identifies or communicates a commercial or non-
29 commercial message related to an activitY conducted.a service rendered.or a commodity sold at a
30 location other than where the sign is located.
31 .395 SIGN,PRIVATE DIRECTIONAL An off-premises sign which indicates the distance and direction to a
,.,~private use.
J
FILE REF:11--~'ZT
f ...d e4
1 .396 SIGN,PUBLIC AGENCY DIRECTIONAL.An off-premises sign owned or endorsed by a public agency
2 which indicates the distance and direction to a public use.
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The Council finds the public health,safety and general welfare are promoted by the above change.
The Council adopts the following findings and conclusions as developed by staff and approved by the
Planning Commission:
FINDINGS
A.Off-premise signs are presently conditionally permitted adjacent to arterial roads and 1-5 in
commercial (except for resort and tourist commercial)and industrial areas of the County.
B.An off-premise sign is defined as "A sign situated on premises other than those premises to which the
signs message is related."
C.There are a number of issues regarding off-premise signs in Whatcom County,particularly as they
might detract from the quality of life and economic viability of the County.
D.The recent change (1989)to allow 576 square foot off-premise signs (from 320 square feet)along five
lane arterials has led to particularly obtrusive signs along the Guide Meridian.Instead of the size
being necessary to convey a message as was promoted when the change was made,it has
encouraged double signs and V-signs with several separate advertisements.Those signs with multiple
messages tend to contribute to visual clutter more so than the single billboard.
E.Whatcom County regulates location by limiting signs to commercial,and industrial zones and also
only along 1-5 and arterials.This limits the impact of legal off-premise signs to a few areas contiguous
to Bellingham and along the Guide Meridian and \-5,and one location on Mt.Baker Highway and one
on Badger Road.The negative side is that it concentrates the sign on the most traveled ways used
by local citizens as well as tourists.
F.Whatcom County regulations are similar in nature to many other jurisdictions.However,there is a
trend at least with cities to ban billboards outright.In the Puget Sound area,the following cities have
banned billboards:Ferndale,Sumas,Lynden,Bellevue,and Olympia.Tacoma,Seattle,and King
County presently do notallow more billboards than that number reached at a certain previous date.
G.The size of the sign is important in that it needs to effectively convey the message but also not be
so large as to be incompatible with the surroundings.Most signs in the County conform to height
regulations (30').The exception is a sign on the Guide Meridian that is closer to 40'.
H.At present,the required distance between signs in Whatcom County is 500',Spacing along 1-5 is
monitored by the state and presently there are no more areas where billboards can be constructed
along 1-5.
I.There are many legally non-conforming off premise signs in Whatcom County now (an estimated 10-
15)and an even greater number of illegal so called directional signs and billboards (20-50)compared
to approximately 23 signs with either state or county permits,
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FILE REF:11'zr
"~de 5
CONCLUSIONS
A.Off premise signs can detract from the quality of life and surroundings and economic viability of the
County.
B.The 576 square foot limit in conjunction with the spacing requirement along 5 lane roads and
commercial and industrial areas of the County has led to obtrusive and visually cluttered billboards.
C.Off-premise signs In Whatcom County are concentrated along the major transportation routes and
therefore,the most visible portions of the County.
D.The regulations regarding size,height,setbacks,distance,and location of signs are designed to
provide optimal visibility to passers-by with minimal detraction from the surrounding area.
E.There is a growing trend in the Puget Sound region to ban outright off premise signs or eliminate
them through amortization.
F.The major issue in the County is one over aesthetic consideration and deciding whether or not signs
add to or detract from the quality of life in the area.
G.The proposed regulations will improve the existing situation over time and maintain the number of
legal signs at the present level which is considered acceptable.
H.The biggest problems faced by Whatcom County in regard to signs is not those signs constructed
by legitimate sign companies who obtain the proper permits but with companies constructing illegal
signs.
Adjudication of invalidity of any of the sections,clauses,or provisions of this Ordinance shall not affect or
impair the validity of the Ordinance as a whole or any part thereof other than the part so declared to be
invalid.
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PASSED this 7th
ATIEST:
Clerk of the Council
day of August ,1990.
(~APPROVED ()VETOED
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APPROVED AS TO FORM:
Robert A.Carmichael,
Civil Deputy Prosecuting Attorney
I
WHATCOM COUNTY
PI.ANNING DEPARTMENT
401 Grand Avenue
B el I I n gham, Washl n gton I 8225
206/3e8-1310 / 67È6756
Fax: 67ù7727 / Scan: 769-6756
TO:
FROM:
DATE:
RE:
MEMORANDUM
Don Hansey, Chairman County Gounciì
Counci I I'lenbers
Dan Tay'lo}$Fr..tor Land use & Economic Pìanning
June 12, 1990 \
Sign Regulations
.601 No signs advertising non-commercial uses shall be oriented tothe cept one per use that meets the following standards:
No signs advertising commercjal uses shall be oriented towardsth cept on'sìte s'igns for commercial uses located withjn a one-
fourth mile radjus of a full freeway interchange.
freestanding signs shal1 not exceed thirty feet jn height
eid two hundred fìfty (250) square feet in area on all faces,
shall be set wjthirf landscaped area, and shall not be located closer than
two hundred (200) feet apart regardless of ownership or number of
busi nesses.
.602
.603
If, after the hearing, Council is incljned to approve an ordinance similar to
what was recommended by the Planning Commissjon, I wouid request the Council
cons.Íder some minor refinements as well as several maior changes (the recommended
additions to the prevìous'ly proposed amendments are shaded):
I'IINOR REFINEiIENTS
GATTWAY INDUSTRIAL DISTRICT
6520
.606 No off-premìse advertising. sìgns are allowed except as ided in
l\slgnregu,mem\O+ I 2-SO\O+1 2-SO Page I
mìle ef freevray frontage.
SUPPLEI'IENTARY REOUI REI'IENTS
20.BO.4OO SIGN CONTROLS
. 410 ( 3 ) Off - prem'i se ad
4r0 (3)
.410 (3)
adjacent to art
i ndustri al di st
esnditjenally permitted. l4a
vertising sìgns are prohìbited in all djstricts exc
eri al roads rci al
ricts where t
S ze' s a
ept
0r
ûre
aresqu
feet and not more than 30 25 feet high i+e
(5) lanereadways eenstrueted er desjSnated fen eensÈruetjon-wjthin
Èhê next-fiseal year; maxjrnum size shall beS76 squarr'eet per s jde
l'l'inimum separati on between
sìgns shall be ;..
I'IAJOR CHANGES
The number 24 staff proposed to the P'lanning Commjssjon 'is not necessariìy
correct. It should be 27 to accomp'lish the origina'l jntent. This js based on
allowing all signs located within the correct zones with either valid State
perm'its or County Conditjonal Use Permits to rema'in. Alternatives include I4 or
18. The number 14 represents the l3 County Conditjonal Use Permjts on signs,
plus the one County Buildjng Perm'it'issued for an Interstate 5 sign. The number
18 represents the 13 Conditional Use Permìts plus all of the presently installed
sÌgns on Interstate 5 that have State perm'its and are in the correct zone.
If Council chooses to go with the general approach but with a lesser number, then
some rewording is requ'ired. !/e should also consider language that will ensure
that if a present owner removes a sìgn, then he is the one who should be allowed
to'instal:l a new one. The folìowing changes reflect the two more restrjctjve
al ternati ves .
l\sìgnregu.mem\0e1 2-90\0Gf 2-9O Pagø 2