EXHIBIT 1

SUMMARY OF PROPOSED SIGN CODE

A detailed summary addressing the more salient features of the proposed sign code, along with information pertaining to specific topics in the code, is provided below.

1. Definition of Sign. The proposed definition of “sign” in Section 18.20.290 includes not only the display of traditional graphic messages, but also non‐graphic features used to identify a brand or image, including panels, spandrels, forms or architectural features not common to non‐corporate regional architecture. This would include, for example, the yellow canopies over McDonald’s menu board stations that resemble the “golden french‐fry”, or the colored Lexan panels on the canopies of gas stations, While these may not include graphics, and while they may incidentally serve other functions such as weather protection, their purpose is for branding and advertising the location of a product or service, and they have the same visual impacts as additional on the premises. They would therefore be allowed under the sign code, but only within the parameters of allowable signage. The definition of sign further includes sign structures even if sign faces are later removed. This allows the City to require either the removal or maintenance of these structures if they are abandoned or otherwise become derelict. The definition also encompasses devices that stream or televise messages, which will address a recent trend in and also trends to add small television‐like devices atop point of purchase equipment like fuel pumps. Finally, the definition of sign includes attention‐getting devices such as streamers, pennants, festoons, inflatables and balloons.

2. Exempt Signs. Section 18.20.030 includes a list of signs that are exempt from the permitting requirements of the sign code. A few noteworthy exemptions include:

a. Temporary Window signs. Temporary signs placed in windows that do not cover more than 25 percent of the glass are permitted and do not require permits. The 25 percent coverage calculation includes any permanent window signs, which do require permits.

b. Interior signs. Any interior sign located at least three feet from a window is exempt from the provisions of the code, whether it is visible from the outside or not. The reason that three feet was chosen is that the building code requires that walkway aisles in commercial buildings be at least three feet in width. It is therefore plausible that an interior sign could be placed for internal viewing by customers walking down a store aisle even though it is incidentally visible to the outdoors. It is presumed that any sign closer to the window than three feet is intended for external viewing, and will in fact have the same effect and impact as a sign oriented for external viewing.

c. Non‐discernable sign. The only signs regulated under the proposed sign code are those that are discernable beyond the boundaries of the property by sight, sound or scent. Inclusion of scent reflects new technologies in advertising, whereby signs emit scents or odors to entice passerby traffic to purchase their products. This might be appropriate on‐ site, but it could become a nuisance to abutting property owners who are subjected to smells on an on‐going basis.

3. Prohibited Signs. Section 18.20.040 includes a list of signs that are prohibited. A few noteworthy prohibitions include:

a. Signs on Vacant Lots and Easements. The code prohibits permanent signs on both vacant lots and easements, ensuring that signs are not the principle use of either the lot or the easement. (See Section 18.20.040(H)). This would address principle use signs such as billboards and other off‐premise type signs, where small easements are often purchased for purposes. It would not prohibit off‐premise signs or billboards per se, but they would only be allowed on otherwise developed sites, meaning that they would have to be included in the calculation of allowed signage for any on‐site businesses. Also, billboards would have to comply with on‐site size and height requirements, meaning that the typical sized billboard would not be permitted unless the City were to allow all on‐ premise signs to be as large as the classic billboard.

b. Abandoned Signs. The code prohibits “abandoned signs” and defines abandoned signs to include signs that have had their sign faces broken or removed and have not been refaced within 180 days.

c. Off‐site Control of Signs. Prohibits off‐site controlled signs. This is important in terms of regulating electronic message center signs because remote operators are often indifferent to local codes and can instantly reprogram signs to operate in a manner not compliant with local codes. For example, it is not uncommon for digital signs to be part of a network of signs programmed by a corporate office to reflect regional sale or marketing campaigns.

4. Regulation by Zoning Types. Signs are regulated based on two broad zoning types – Residential and Non‐residential. The term non‐residential includes the typical commercial and industrial zones, but is also defined to address mixed use zoning districts, which are considered non‐ residential if streetscape and ground floor are characterized by commercial. (See definition of “non‐residential” in Section 18.20.290).

5. Maximum Light Output. Good is essential to effective signage. However, excessive lighting causes glare, which leads to poor legibility of signage text, hazardous conditions to drivers, nuisances to abutting residents, and adverse impacts on the night sky. This is particularly evident with electronic signs, where their flickering animation and bright light can light up the sky for miles and momentarily blind drivers by their glare, especially on a foggy night. (See discussion on electronic signs below). The code therefore regulates the maximum light output of all signs.

In lighting terms, a “nit” is a unit of visible‐light intensity, commonly used to specify the brightness of a cathode ray tube or liquid crystal computer display. One nit is equivalent to one candela per square meter. The code limits internally illuminated signs, digital signs, and electronic message center signs (as described below) to a maximum nighttime light output of 100 nits in non‐ residential zones and 50 nits in residential zones. While the 50/20 nit limitation ensures good legibility at night, a limit of 100/50 is deemed acceptable to some dark sky advocates and would be less contentious with sign advocates who might otherwise press the City to impose industry‐ recommended standards (which is strongly not recommended for reasons described in #6 below).

6. Electronic Signs. Electronic signs include what will be defined in the code as electronic message center signs (EMC’s) and digital signs. (See descriptions below). Electronic signage is a relatively new but explosive trend in advertising. In its February 28 memorandum to the Planning Commission, staff provided a lengthy analysis on the safety aspects of electronic signage based upon numerous reports and studies by both the Outdoor Advertising Association (OAAA) and individuals with expertise in this area. The conclusion of individuals not associated with the OAAA was that electronic signs can create safety hazards and are they also have a high nuisance factor. As noted in the February report, concerns over safety has convinced countries like Sweden to ban electronic signs altogether, and for both safety and aesthetic reasons, billboards of any kind (digital or otherwise) are banned in , , and .

The proposed code accommodates some level of electronic signage, but imposes size, density and animation restrictions that will keep them from dominating the streetscape and from creating unsafe distractions to drivers. Standards include:

a. Maximum size – 30 square feet. This will ensure that digital technology is not applied to signs the size of the classic size billboard. b. One electronic sign per 100 feet of street frontage in non‐residential zones. This will required that owners of multi‐tenant buildings coordinate among tenants how this signage will be allocated and/or shared. Note that the full display EMC is not permitted in any zone. c. One‐acre minimum parcel size. This will limit the number of these along a streetscape while also avoiding the problem of smaller parcels being sold or let out to digital billboard operators. d. No “motion” as defined in the code. Signs must be static and without the animation that distracts or startles drivers and that becomes a nuisance light show animating the night sky (which is especially problematic during foggy conditions). e. Required fade‐in. To avoid sudden flickers that may startle or distract drivers, message changes must occur in a quick fade‐in (1.5 seconds) rather than an instant flash. f. Minimum message hold – 10 seconds. This avoids the distractions of rapid message change and ensures that drivers are not trying to read multiple messages while driving. Multiple messages lure drivers into trying to read each message as they pass by, creating undue distraction from the road (which is no less distracting that reading text messages while driving). g. No off‐premise programming. If off‐premise programming is not prohibited, jurisdictions will have an almost impossible task of enforcing the illumination and animation restrictions of digital signs. That is because many such signs are programmed by corporate offices for all of their regional stores, and most corporate offices will have no knowledge of (and perhaps no regard for) local regulations. h. Requires pre‐set illumination limits with written certificate from manufacturer, with password protected software or similar to avoid end‐user modification. This will ensure that the store operator does not either inadvertently or intentionally increase the intensity of the sign beyond local illumination limits after it has otherwise been inspected and found to be in compliance. This problem can only be avoided by such pre‐set limitations! i. Illumination measured by nits rather than lumens. This is contrary to sign industry recommendations. The sign industry suggests measurement by lumens and provides detailed instructions on how to measure light output under this standard. The sign

industry does not suggest measurement in nits, arguing that nit guns are expensive and difficult to use. What they don’t tell you is that: j. i. Measurement in lumens is based not upon actual light output, but upon ambient (relative) lighting conditions around the sign. This means that the more signs there are, the brighter the surrounding ambient lighting conditions will be; meaning that signs can be increasingly brighter without exceeding adopted maximum lumens; ii. The method to determine ambient or relative light output under the industry’s proposed method requires light measurement with the sign in various modes of operation. It has to be measured with the sign totally black, again with the sign at its brightest level with the sign face totally white, and at a specified distance from the sign based upon the sign size. This means that a code compliance officer could not drive by and quickly determine if the sign’s illumination complies with adopted codes or not; he or she would have to convince the sign operator to set up a meeting to test the sign by going through the complex process of measuring its output in various modes of operation. The owner could refuse to cooperate, leaving the City unable to verify compliance. iii. A nit gun, on the hand, allows the measurement of actual light (not relative light) at almost any angle, which can practically be done as one is passing by the sign in a vehicle. It is true that a lumen light meter is relatively cheap compared to the cost of a nit gun, but the additional cost of a nit gun is well worth the price if a jurisdiction wants to reasonably regulate light output of electronic signs.

7. Changeable Message Signs. There are three types of changeable message signs defined and regulated in the code, including both electronic signs and static hard copy signs. These include:

a. Digital Sign. A digital sign is an electronic sign with a monochrome display (e.g., amber colored letters on a black background). (See Section 18.20.190). Digital signs are permitted in all zones, including residential zoned properties at least two acres in size. This would facilitate, for example, the traditional marquees for schools, churches and other community facilities that might locate in a residential zone. See more complete description and information on electronic signs above. b. Electronic Message Center Sign. An electronic message center sign (EMC) uses light emitting diodes to create text/graphics. These are the full‐color and full motion signs with television‐ type displays. (See Section 18.20.200). EMC’s are not permitted in any zone, but the code includes regulations of EMC’s to ensure that the operation and display of existing signs are kept in check. c. Changeable Copy Sign. A changeable copy sign uses hard copy letters manually placed in letter tracks, or hard copy letters that are changed (flipped) mechanically. Many gas stations still use manually and mechanically changed signs for displaying gas prices. The code will allow one changeable copy sign per parcel, with additional signs permitted if they are at least 100 feet from the abutting street or right‐of‐way. This will accommodate the typical multiplex theatre that has need of multiple changeable copy signs, but their use is not limited to theaters to ensure content neutrality. (See Section 18.20.180).

8. Sounds and Scents. The use of sound and scents is an emerging trend in advertising and signage, especially with the billboard industry. New technologies allow the chemical reproduction of

virtually any scent, which is then emitted from signs to entice passersby to purchase a product. New technologies also allow signs to recognize vehicle ownership and speak or display personalized messages directly to individual drivers, e.g., “Hello Jessica ‐ turn in here for a great deal on your new car”. These can overly distract or startle drivers. The proposed code would consider audible or odorous signs that are detectible off‐premise as nuisance signs, which are prohibited. (See Section 18.20.040(C)).

9. Durable Materials. Because signs can no longer be defined by their intended purpose or content, the only reasonable way of ensuring that temporary signs do not become de facto permanent signs is to regulate according to the durability of their materials. The code therefore defines temporary signs as those made of non‐durable materials such as paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20 oz. fabric, water soluble paints or chalks, etc. Signs made of any other material are considered permanent and subject to all regulations of permanent signs. This provision ensures that individuals do not use temporary sign allowances as a means of circumventing compliance with the more restrictive requirements for permanent signs. This provision also ensures that permanent signs are made of lasting high quality materials that do not fade or tatter over time. (See definition of “Temporary sign” in Section 18.20.290. See also Section 18.20.100 for a more complete description of sign material regulations).

10. Freeway Orientation. While the ability to view the City and its development from the freeway can have positive economic development benefits, a freeway corridor dominated by signage can adversely affect a community’s image. For example, some stretches of the I‐5 corridor south of the King County line are considered by many to be cluttered and unsightly, reflecting what some might call “a drive through the Yellow Pages”. Signs are dominant and continuous; products are situated to maximize their display, while landscaping and architectural presence is lost to the dominance of aggressive and often insensitive marketing techniques.

The City of Newcastle has very little free‐oriented parcels, and those that do abut the freeway are residentially zoned. The likelihood of freeway sign clutter along Newcastle’s freeway frontage are therefore low. While the proposed model code includes some provisions for regulating freeway‐ oriented signs, it has been modified to reflect Newcastle’s more low‐key situation.

11. Sign Measurement. The code states that the area of a sign is determined by the smallest rectangle, square, parallelogram or circle that encloses each word, name, sentence, or complete message.

12. Height Measurement of Free‐standing Signs. The code measures free‐standing signs from natural grade, except that signs within 25 feet of an adjacent road may be measured from the elevation of the road. This allows the road grade to be the point of reference for signs that are intended to be viewed from the road, but it requires fill around the base of the sign to avoid a looming appearance when viewed beyond the road. (See definition of natural grade, which defines it as the grade existing within the past five years, or the finished grade approved through a site development approval process. This ensures that grade is not artificially altered to facilitate a taller sign).

13. Glare Control. To avoid the nuisance and hazards associated with glare, the code requires that the externally illuminated signs have their lights shielded in a manner that the actual lamps are

not visible beyond the premises. Even flat‐lens light fixtures can leave the lamps visible from lower viewing levels. In such cases, back or side shields may need to be applied to the light fixtures. (See Section 18.20.090(B))

14. Opaque Background of Internally Illuminated Signs. To further avoid the nuisance factors associated with glare and to minimize the amount of light that otherwise creates nighttime sky‐ glow, the code allows only the text of signs having internal light sources to be illuminated and requires the background of such signs to be opaque. Illuminated text on opaque backgrounds ensures better legibility of signs at night, making them more effective for advertising purposes. A fully illuminated background is nonetheless permitted on what are defined as “logo shields” (e.g., Starbucks’ signature crowned woman medallion, or Chevron Oil’s signature chevron shield). These can be incorporated into the face of any sign, but their size is limited to 8 square feet if they are fully illuminated. If a sign owner wishes to illuminate a larger sign face, an external light with a shielded light source is permitted. External light sources are effective in minimizing light spill because their light is directed toward the sign and away from the viewer rather than emanating from the sign and toward the viewer. (See Section 18.20.090(C)).

15. Back‐lit Panels. Back‐lit translucent panels and spandrels, with or without text or graphics, are often used to catch attention and/or create an identity on corporate‐style buildings, making them part of an advertising theme. These are particularly common on gas station/convenience stores, which often have illuminated panels on the parapets of both the store and service island canopy (e.g., Shell gas stations). Some stations also have illuminated spandrels attached to the pillars of the service island canopy (e.g., Chevron gas stations). Inasmuch as these have the same purpose and visual impacts as traditional signs, it is appropriate to regulate them as signs in order to fully achieve the sign code’s objectives. (See definition of “sign” in Section 18.20.290).

16. Portable signs. A portable sign includes any readily moveable sign, such as an A‐frame or sandwich board sign, or pole sign mounted on a weighted based. (See definition of “portable sign” in Section 18.20.290). Most portable signs would be considered permanent signs because of the materials of which they are commonly made (e.g., rigid plastic, wood, and metal). Permanent portable signs would require permits and be subject to the following standards (per Section 18.20.220):

a. Not allowed in residential zones. b. Limited to one per business or tenant space. c. Maximum width/height for sandwich board type – 3 X 4 feet. d. Maximum width/height for pole mounted type – 2 X 5 feet. e. Allowed no further than 10 feet from primary building. If no building is on the site, allowed no more than 10 feet from site’s driveway entrance. (This will facilitate, for example, commercial parking lots). f. Displayed during business or operable hours only. g. May not be illuminated or use changeable copy. h. Requires right‐of‐way use permit if located in city right‐of‐way.

17. Accessory Signs. In addition to allowed free standing and wall signage, smaller accessory signs are often needed on a site for incidental purposes, such as directional signs. However, their use can no longer be limited to directional signs because that limits their content to that specific purpose, which is a regulation of speech. To avoid regulation of content, accessory signs are

permitted with any content or message, but the allowed number of accessory signs is based on the number of vehicle points of ingress/egress, not to exceed four per site. Their location is flexible – they do not have to be at the point of ingress/egress. This should accommodate signage needed for identifying points of ingress/egress and for typical drive‐through fast‐food, espresso, carwash or banking operations. But because we don’t regulate text, they could be used for any message or purpose, which is why they are limited to a reasonable maximum size needed for incidental purposes. (See Section 18.20.150).

18. Drive‐through Large Accessory signs. Larger accessory signs are permitted for points of entry to drive‐up windows. Again without regulating the actual text, these do facilitate typical menu board signs for fast‐foot restaurants, banks and the like. Maximum sign size is 30 square feet, with cumulative allowance for up to 45 square feet for each window point of entry. This will facilitate ancillary signage related to drive‐up windows (e.g., “order here” “pay here”, etc.). These larger assessor signs come with limits, including:

a. Signs must be fully screened from view of the street or right‐of‐way with landscaping or screening wall that matches the building. b. Sign cabinet must be designed to match the principle building, e.g., same color. c. Speaker at sign may not be audible beyond premises d. The signs must conform to electronic message center (EMC) standards if they use electronic display.

Although the signs must be screened from view of the street, they are still required to conform to design and EMC standards because even with screening, they may still be incidentally visible from off‐premise vantage points. Also, the lights associated with an EMC can emanate beyond the bounds of the screening materials. (See Section 18.20.150(G)).

19. Wall Signs. Many sign code regulate the amount of permitted wall signage based on the amount of parcel frontage. However, parcel frontage may not adequately reflect the size and scale of the building on the site needing wall signage. The proposed code therefore regulates wall signage based upon the area of the façade upon which the signs are placed. (See Section 18.20.170). The allowable area of wall signage differs between residential and non‐residential zones, as follows:

a. Residential zones. Wall signage not to exceed 3 percent of the façade and 100 square feet is permitted in residential zones on lots 2 acres and larger. The minimum parcel size will ensure that larger buildings in residential zones such as schools and libraries have their typical signage, but the provision avoids regulating the content because it is based on parcel size; not use. b. Non‐residential zones. Wall signage not to exceed 5 percent of the façade is permitted on buildings in non‐residential zones. Wall signage is also limited to 60 percent of the width of the wall plane to ensure that there is adequate “reveal” around the sign and to avoid a continuous band of signage.

Wall signage is also subject to the following additional standards:

a. Reflect architectural features. Wall signage may not cover prominent architectural features. Its location is limited to wall or fascia areas between architectural features, and

its width is limited to 70 percent of the width of the feature to which the sign is mounted. For example, a pillar 30 inches wide could have a sign 21 inches wide. b. Consistency in design. Wall signage for a single tenant must be consistent design. For multi‐tenant buildings, wall signage would be subject to conformance to a master sign plan. c. Additional signage on facades allowed. In additional to specified allowances for flat mounted wall signage, the code allows window, projecting and suspended signs on facades. (See below)

20. Projecting and suspended signs. Projecting signs are typically mounted on walls in a perpendicular fashion. They are effective in settings where buildings directly abut sidewalks and where customers may be too close to the building wall to see flat mounted signs facing the road. Suspended signs are typically mounted to a porch roof, canopy or beam either perpendicular or parallel to the building wall, but are not mounted to the building wall. Suspended signs are also effective in pedestrian settings when hung perpendicular to a building wall, and in any setting when visibility from the street is desired. Both projecting and perpendicular signs are permitted in addition to allowable wall signage, subject to the following standards (per Section 18.20.230):

a. Limited to 3 percent of the wall plane. b. 6 square feet maximum size. c. 25‐foot minimum spacing between signs. d. Minimum 8 feet clearance when located over sidewalks or walkways.

21. Roof‐mounted signs. The code allows one roof‐mounted sign per building as part of its wall signage allowance (i.e., its area must be deducted from allowable wall signage). Roof signs are limited to sloped roofs only (not flat roofs) and must be placed in the lower 1/3 area of the roof slope. Many cities, including Newcastle, do not allow roof signs at all because they can compromise the architectural integrity of the building form. The Planning Commission may therefore wish to consider whether to maintain this provision in the proposed code, or to maintain the current prohibition. It is included because some older buildings do not have sufficient wall or fascia area to facilitate wall signage, leaving the roof as the only viable option. However, this is a rare situation, in which a sign variance may provide needed remedy should the Commission decide that roof signs should not otherwise be permitted. (See Section 18.20.240)

22. Free‐standing signs. Free‐standing signs include any sign mounted on a pole or base that is independent of any building or other structure. They are permitted in non‐residential zones on any parcel size, and in residential zones on parcels 2 acres or greater. (This will accommodate the needs of the typical school, library, church, apartment building, or similar building in a residential zone that commonly has need for free‐standing signage.) The number of allowed free‐standing signs is based upon how many public street frontages a parcel has. One sign is permitted for any public street frontage 30 feet or greater. Sites without frontage are limited to one free‐standing sign per parcel. (See Section 18.20.210).

The size and height of a free‐standing sign is based on the street frontage – with maximum size being 45 square feet and the maximum height being 8 feet. However additional size and height is allowed ‐ up to 100 square feet and 15 feet high not to exceed 75 percent of building height ‐ subject to the sign having a monument‐style base and subject to more stringent illumination and design standards. Specifically, the sign base would have to be brick, stone or another material

that better reflects the materials and architecture of the principle building on the site. The sign cabinet and associated trim caps would have to be bronze, black, or an earth tone color reflecting either the material on the sign base or the color of the trim on the principle building on the site. This would ensure that larger signs are integrated in, and reflect the character of the site’s overall architectural theme. Note that this larger size and its more stringent design requirements is an optional provision in the code; it is not mandatory. (See Section 18.20.210(D)(2)).

23. Service Island Signs. The code includes a section on service island signage. (Section 18.20.250). Service islands are typically associated with gas stations, car washes, drive‐up banks, and similar auto‐oriented uses. While providing weather protection to motorists, service island canopies have incorporated so much signage that they have become de facto over‐sized free‐standing signs. For example, the fascia panels of many gas station canopies are completely covered in corporate branding panels and associated text, all of which meet the definition of “sign” in the proposed code. Allowing uses that have service islands to have free‐standing signs the size and height of a typical island canopy undermines provisions of the code that otherwise limit the height and size of free‐standing signs. Accordingly, the code limits the amount of signage to no more than one sign on the canopy fascia, not to exceed 20 percent of the area of the canopy fascia to which the sign is mounted.

Service island canopies sometimes include spandrels attached to the canopy support columns. (See definition of spandrel in Section 18.20.290). These would be considered signage if illuminated, and would not be allowed. They would be permitted if not illuminated. Signage would be allowed on spandrels if it does not exceed 20 percent of the spandrel area, if the signage is deducted from allowable wall signage on the principle building. Signs attached to canopy support columns would also be deducted from allowable wall signage on the principle building.

24. Window Signs. The code allows both temporary and permanent signs to cover up to 25 percent of a window area (per Section 18.20.280(B)). This ensure that the function of windows for both light and visibility is retained, which is also important for safety purposes because it leaves room for law enforcement to see what may be going on in a commercial building. It also ensures that windows do not become de facto wall signs in their appearance. The code defines “window” to make it clear that window muntins (grids) are not considered separate windows, but that the glass areas between mullions in larger window assemblies are considered individual windows for purposes of signage regulation. (See definition of “window” in Section 18.20.290).

Permanent window signs are limited to individual letters rather than box or cabinet signs to both retain the architectural integrity of the window and to maximize light and visibility. Neon signs must have a translucent background for the same reasons.

The code allows permanent signs in both first and second story windows, but limits temporary signs to first story windows. First‐floor limitation of temporary signs ensures that buildings do not become visually cluttered by temporary signs because the only limitation on the amount of temporary window signs is the 25 percent coverage limitation.

The code regulates interior signs within 3 feet of windows. The rationale behind the 3‐foot rule is that a minimum code width for an interior corridor is 3 feet, so anything closer than 3 feet is likely not meant to be viewed by someone inside the building. (See definition of “window sign” in Section 18.20.290).

25. Temporary Signs. Provisions for temporary signs in the proposed code are both more restrictive and more generous than current code regulations. The more restrictive provisions reflect the City’s limitations under the Reed decision to regulate temporary signs according to use. Accordingly, signs that previously received great latitude, such as temporary real estate, construction, and political signs, must now be regulated the same as other temporary signs. Accordingly, the proposed code limits the size and height of all temporary signs as follows (per Section 18.20.270):

a. Within the public right‐of‐way in all zones – maximum four square feet, three feet in height (stake‐mounted only). b. On properties in single‐family residential zones: i. Window signs – one sign per unit, maximum four square feet. ii. Post‐mounted free‐standing signs ‐ unlimited numbers per site, maximum four square feet, five feet in height. iii. Stake mounted and portable free‐standing signs – unlimited number, maximum four square feet, three feet in height. c. On properties in multiple‐family residential zones: i. Window signs – one sign per unit, maximum four square feet. ii. Post‐mounted free‐standing signs ‐ unlimited numbers per site, maximum six square feet, five feet in height (three feet in height if stake‐mounted or portable) d. On properties in non‐residential zones: i. Window signs – up to 25 percent of window area (including permanent window signs). ii. Post‐mounted, stake‐mounted and portable free‐standing signs – two per tenant space, maximum four square feet, five feet in height (three feet in height if stake‐ mounted or portable).

The actual use of the sign has often determined how long a sign would remain in place regardless of the durability of its material. For example, real estate signs are typically made of sturdy materials for durability and reuse in other locations, but they are only in place at any single location for as long as the subject site is being marketed. In that situation, the period of display is self‐regulated. But the Reed decision opens up the use of temporary signs for any use, and recent case law precludes the time limits previously imposed on temporary signs. This could create a very attractive option for businesses looking for ways to avoid compliance with permanent sign regulations. For example, if a business wanted more signs than the code permits for permanent signs, it could simply install more durable temporary signs (similar to many real‐estate signs) and avoid compliance with permanent sign provisions. To minimize this outcome, the proposed code does two things: First, it limits the size of temporary signs to four square feet in the right‐of‐way and up to six square feet for on‐site signs in commercial and multi‐family zones. Since most businesses want permanent signs larger than this, they may not find the temporary sign option to be as attractive. Second, the code considers any sign made of durable materials to be a permanent sign that would be subject to all permanent sign regulations. Accordingly, the code defines temporary signs as those made of non‐durable materials such as paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20 oz. fabric vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water‐soluble paints or chalks. (See definition of “temporary sign” in Section 18.20.290). As these non‐durable materials deteriorate or fade, the signs will be removed

– either by choice of the owner or under provisions of the code that require removal of temporary signs that are in need of repair, worn, or dilapidated. (See Section 18.20.270(B) & (D)). These two provisions presumably make temporary signs a much less attractive option for a business’s permanent signage needs.

Temporary signs are also kept under control in the right‐of‐way by allowing them only between the abutting property line and the back edge of the nearest curb, or where no curb exists, between the abutting property line and the nearest edge of the roadway. (See 18.20.270(F)(1)). This precludes signs in medians and on any roadway or sidewalk area. Also temporary signs are not allowed in landscaped areas not intended for, or customarily used for, foot traffic. This allows temporary signs to be located in lawn areas, but it ensures that areas of the right‐of‐way intentionally landscaped for street beautification using shrubs, flowers and other ornamental plantings are not tromped down and cluttered by installers of temporary signs.

Finally, the code encourages the permission of the abutting property owner to install temporary signs in the right‐of‐way in front of their property. Because it is the responsibility of the abutting property owner to maintain the landscaping within the right‐of‐way in front of their property, that owner has the right to allow or not allow temporary signs in the area that they are required to maintain.

26. Temporary Sign on large properties. The above‐stated provisions for temporary signs impose size limits that may be too restrictive for large sites needing larger signs for occasional or one‐ time events, such as construction signs, grand openings, or real estate marketing. Accordingly, the code includes a provision for temporary signs up to 64 square feet and eight feet tall on sites at least two acres in size. Only one large temporary sign is permitted under this provision, and the larger sign may not be used in conjunction with other temporary signs on the same parcel. (See Section 18.20.270(I))

27. Master Sign Plans. The current sign code has a provision for a “comprehensive design plan” for signage to “encourage the integration of signage into the framework of the building and architecture plan of the entire premises.” This is an optional provision that is approved by the Planning Commission and allows for sign code exceptions, subject to compliance with criteria that are not well defined. With perhaps similar objectives, the proposed code requires that a “master sign plan” be developed for all multi‐tenant buildings and projects. It requires the owner to determine how allowable signage will be allocated among tenants so that the City is not put in the position of having to deny permits to one tenant because another abutting tenant already consumed the allowable signage for a particular building. It also requires that the owner define what sign types are to be permitted on a particular building to achieve some continuity of design for the building and to ensure that signage reflects the architectural integrity of the building.

One thing that makes it difficult to come up with common sign type for tenants in a multi‐tenant building is the desire by national brands to use their own branded image. The best way to overcome this in a master sign plan is to allow what is defined as a “logo shield” to be incorporated into what are called “combination signs”. The logo shield provides opportunity for a fully illuminated sign face of up to eight square feet, which can be incorporated into the allowable sign type. (See definition of logo shield in the definition section, and the description of combination sign in the master sign plan section).

A master sign plan may nonetheless be one of the more difficult items to implement, particularly for existing buildings with signage already installed on them. When this provision was implemented in Gig Harbor, for example, the hardest part of the provision was the requirement that the master sign plan allocate allowed signage among the tenant spaces so that the first tenant in did not consume the allowable signage for the entire building. It was sometimes difficult to get the building owner engaged or to define allowable sign types on a building. The results in towns such as Gig Harbor or Millcreek will show that a master sign plan is worth the effort, but we may want to consider whether to apply the master sign plan city wide, or just in areas where design is of particular concern. As drafted, the proposed code has the provision apply citywide. (See Section 18.20.060).

28. Noteworthy Terms & Definitions. The proposed code is based on significant terms and definitions that are crucial to the proper interpretation of the code. Definitions are included in Section 18.20.290. Some of the more pertinent terms defined in the code that are important for interpretation, for distinguishing between different sign code regulations, or that may not be clear without specific definition, include the following: o. Nonresidential zone a. Abandoned sign p. Opaque b. Accessory sign q. Pan‐channel c. Changeable Copy Sign r. Permanent Sign d. Digital Sign s. Portable sign e. Electronic Message Center Sign t. Sign f. Façade u. Sign walker g. Freeway v. Spandrel h. Halo illuminate w. Static i. Logo Shield x. Temporary sign j. Luminance y. Tenant space k. Motion z. Window l. Natural Grade aa. Window sign m. Nighttime hours n. Nits

29. Sign Variance Provisions. To address any potential impacts the sign code may have on a person’s practical need for signage visibility and/or their right for freedom of expression through signage, the code includes a section for sign variances. This is different than the standard variance provisions of the zoning code in that it is specific to signs and includes different review criteria than applied to standard variances. It more specifically addresses location and opportunity for visibility of signage, particularly for situation unique to parcels that would make signage difficult or impossible. Particularly noteworthy is the First Amendment exception/variance provision listed in the criteria. This provision can stand alone; findings need not be made for other variance criteria if a person can demonstrate that the strict application of the regulations of the code would violate his or her First Amendment rights. Decisions on sign variances are administrative (approved by the Director) and are appealable to the Hearing Examiner. (See Section 18.20.070)