Chapter 18.50
PARTICULAR USE REGULATIONS
Sections:
18.50.020 Personal wireless facilities.
18.50.010 Signs.
A. Scope and Purpose. This chapter establishes regulations governing the installation, alteration, relocation, maintenance, use and removal of all signs in the City. It is recognized that the businessperson’s right to identify their business contributes to the economic well-being of the community; however, that right should be exercised in a way as to bring benefit to the businessperson without affecting the welfare of the public. In general, this City takes the view that signs should be scaled to the building and property frontage to which the sign is related. The purpose of these regulations is to accomplish the following:
1. To encourage commercial communication that is responsive to the needs of the public in locating a business establishment by identification, address, product and/or service information;
2. To protect business sites from the loss of prominence and reduced effectiveness of individual signs resulting from unregulated number, size, and location of signs;
3. To enhance the visual character and identity of the City;
4. To reduce clutter and visual distraction;
5. To ensure that signs in the City do not adversely affect traffic safety by obstructing vehicle sight distance, interfering with official traffic signs, signals and devices, and unduly directing a driver’s attention away from the demands of safe driving; and
6. To protect the public health, safety, and welfare by regulating the placement, removal, installation, maintenance, size, and location of signs.
B. Definitions. The following words, terms and phrases, when used in this code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“A-frame or A-board sign” means a portable sign consisting of two sign faces hinged at the top and separated at the bottom to make it self-standing.
“Abandoned or dilapidated sign” means any sign remaining in place that has not been maintained appropriately, as defined in subsection (G) of this section, or if the activity conducted on the subject property ceases for 180 consecutive days. For the purpose of this section, “dilapidated” shall mean a condition of decay, deterioration or partial ruin especially through neglect or misuse.
“Administrator” means the Director of Community Development or his/her designated representative.
“Animated sign or display” means a sign or display that uses movement or the appearance of movement through the use of patterns of lights, changes in color or light intensity, computerized special effects, video displays, or through any other method; except for the scrolling of a static message or scene onto or off a sign board in one direction per message.
“Awning or canopy sign” means a sign on the vertical surface or flap that is printed on, painted on, or attached to an awning or canopy.
“Balloon” means a decorative inflatable device, into which a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See also “Inflatable advertising device.”)
“Banner” means a sign made of fabric or any nonrigid material with no enclosing framework.
“Billboard” means a permanent off-site outdoor advertising sign containing a message, commercial or otherwise, unrelated to any use or activity on the subject property on which the sign is located, but not including civic event signs, government signs, or instructional signs.
“Building-mounted sign” means any sign attached to the face of a building including without limitation wall signs, marquee signs, under canopy signs and projecting signs.
“Buildout” indicates the time when all lots are sold in a subdivision or buildings are completed and a certificate of occupation is issued for other types of development.
“Bulletin board” means a permanent sign box attached to a building facade containing no permanent advertising copy and designed to conform to the requirements of subsections (I)(4)(f) and (g) of this section.
Canopy Sign. See “Awning or canopy sign.”
“Center identification sign” means a building-mounted or freestanding sign that identifies the name and/or logo of a development containing more than one office, retail, institutional or business park use or tenant and which may separately identify the tenants.
“Changeable copy sign” (other than electronic changeable message sign) means a sign whose informational content can be changed or altered (without changing or altering the sign frame, sign supports or electrical parts) by manual or mechanical means.
“City” means the City of Maple Valley unless the context clearly indicates otherwise.
“City-sponsored event signs” and “civic event signs” are signs associated with an event that has been approved by City Council resolution or are directly related to a City-endorsed activity.
“Clear view zone” means the definition set forth in MVMC 18.40.090 for sight distance requirements.
“Code Enforcement Officer” means the City Building Official or his/her designee.
“Commercial sign” is a sign displayed for the purpose of identifying a commercial use, or advertising a service, product, business or venture that is offered for trade or sale.
“Construction sign” means a temporary sign identifying a construction project including, but not limited to, a planned new commercial or residential building, and may include the project lender, architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.
“Copy” means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form.
“Directional sign, on-site” means a sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs).
“Drive-through business sign” means any sign intended to give information on product selection and pricing as used in a drive-through business, such as a menu sign, but not primarily intended to advertise the business.
“Electrical sign” means a sign or sign structure in which electrical wiring, connections, or fixtures are used.
“Electronic changeable message sign” means an electronically activated sign whose message content or display, either in whole or in part, may be changed by means of electrical, electronic or computerized programming. A sign or portion of a sign on which the message or display is an electronic indication of fuel price shall be considered an electronic changeable message sign. A sign on which the sole message or display is an electronic indication of time and/or temperature shall be considered an electronic changeable message sign. Drive-through business/menu signs are not considered electronic changeable message signs.
“Exposed building face” means the building exterior wall of a single-occupant building or the building exterior wall of an individual tenant’s leased space in a multi-tenant complex, including the vertical distance between the eaves and ridge of a pitched roof above it, used for sign area calculation for building-mounted signs.
“Facade” means the entire building front including the parapet.
“Festoons, pennants, or blinking lights” means a string of ribbons, tinsel, small flags, pinwheels, or similar items that attract attention through movement, reflection, or illumination.
“Flag” means any piece of cloth of individual size, color and design used as a symbol, signal, emblem or for decoration.
“Flashing sign” means a sign of which any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination, with a display that appears for less than one and one-half consecutive seconds.
“Freestanding sign” means a sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. Freestanding signs include those signs otherwise known as “pedestal signs,” “pole signs,” “pylon signs,” and “monument signs.”
“Frontage” means the length of the property line along any public right-of-way on which it borders.
“Frontage, building” means the length of an outside building wall on a public right-of-way.
“Fuel price sign” means a sign or portion of a sign displaying only the price of fuel for motorized vehicles or equipment. The portion of a freestanding sign that displays corporate identity or text unrelated to the price of fuel is not a fuel price sign and is subject to sign permit requirements.
“Garage or yard sale sign” means a temporary sign announcing an event, use or condition of personal concern to the sign user, including but not limited to “garage sale,” “yard sale” or “lost animal” signs.
“Government sign” means any temporary or permanent sign erected and maintained by any city, public utility, county, state, or federal government for designation of or direction to any school, hospital, historical site, property, or facility, including without limitation traffic signs, directional signs, warning signs, informational signs, and signs displaying a public service message.
“Graffiti” means the inscription of symbols, words, or pictures by painting, spray painting or other means of defacing public or private property.
“Height” (of a sign) means the vertical distance measured from the highest point of the sign face to the grade of the adjacent street or the surface grade beneath the sign, whichever is less.
“Holographic sign or display” means any sign or display that creates a three-dimensional image through projection.
“Human sign” means a sign that is worn (including costumes) or held by a human for commercial advertising or promotion purposes.
“Identification sign” means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.
“Identification sign” (residential) means a freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.
“Illuminated sign” means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
“Incidental sign” means a small sign, emblem, or decal informing the public of goods, facilities or services available on the premises (e.g., a credit card sign or a sign indicating hours of business).
“Inflatable advertising device” means an advertising device that is inflated by some means and used to attract attention, advertise, promote, market or display goods and/or services. These devices include large single displays or a display of smaller balloons connected in some fashion to create a larger display.
“Instructional sign” means a sign which designates public information including, without limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs.
“Kiosk” means a freestanding sign, which may have a round shape or which may have two or more faces, and which is used to provide directions, advertising or general information.
“Maintenance” means the cleaning, painting and minor repair of a sign in a manner that does not alter the basic copy, design or structure of the sign.
“Marquee sign” means any sign attached to or supported by a marquee, which is a permanent roof-like projecting structure attached to a building.
“Monument sign” means a freestanding sign having the appearance of a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials compatible with the materials of the primary structure on the subject property.
“Moving sign” means any sign that uses movement, by either natural or mechanical means, or change of lighting, either natural or artificial, to depict action to create a special effect or scene; or signs that rotate or have a part(s) that moves or revolves (except the movement of the hands of a clock).
“Multi-tenant complex” means a commercial development containing two or more uses or businesses.
“Mural” means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business, product, service, or activity.
“Nameplate” means a nonilluminated building-mounted identification sign giving only the name, address, and/or occupation of an occupant or group of occupants of the building.
“Neon (outline tubing) sign” means a sign consisting of glass tubing, filled with neon gas, or other similar gas, which glows when electric current is sent through it.
“Nonconforming sign, legal” means any sign that was legally in existence on December 13, 1999, or the effective date of these sign regulations, but does not comply with these sign regulations or any other ordinances as adopted by the City of Maple Valley.
“Obsolete sign” means a sign that advertises a product that is no longer made, a business that is no longer in operation or an activity or event that has already occurred, except for historical signs or markers.
“Off-site sign” or “off-premises sign” means a sign relating, through its message and content, to a business activity, use, product, or service not available on the subject property on which the sign is located with the exception of signs for schools, community centers, Chamber of Commerce, and government agencies as described in subsection (H)(3)(a) of this section.
“On-site sign” means a sign which contains only advertising strictly applicable to a lawful use of the subject property on which the sign is located, including without limitation signs indicating the business transacted, principal services rendered, and goods sold or produced on the subject property, or name of the business and name of the person occupying the subject property.
“Pedestal sign” means a freestanding sign supported permanently upon the ground by one or more solid bases, which base or bases shall be equal to at least 50 percent of the sign area.
“Person” means any individual, corporation, association, firm, partnership, or other legal entity.
“Point of purchase display” means advertising of a retail item accompanying its display (e.g., an advertisement on a product dispenser, tire display, etc.).
“Pole or pylon sign” means a freestanding sign supported permanently upon the ground by poles or braces and not attached to any building.
“Projecting sign” means a sign, such as a blade sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign.
“Public right-of-way” means land owned, dedicated or conveyed to the public, used primarily for the movement of vehicle, wheelchair, bicycle, and pedestrian traffic, or land privately owned, used primarily for the movement of vehicle, wheelchair, bicycle, and pedestrian traffic, so long as such privately owned land has been constructed in compliance with all applicable laws and standards for a public right-of-way.
Public Uses. For the purpose of the sign code, “public uses” shall mean publicly owned or funded facilities including but not limited to public schools, libraries, City Hall, community centers, museums, fire stations and performing arts centers. Religious institutions and grange halls are excluded from this definition.
“Real estate, off-site sign” means a portable or temporary sign announcing the proposed sale of property other than the property upon which the sign is located and providing directions to the subject property.
“Real estate, on-site sign” means a sign placed on the subject property and announcing the sale or rental of the subject property.
“Roof sign” means any sign erected above the eaves or on the roof of a building or structure.
“Scrolling displays” means the vertical movement of a static message or display on an electronic changeable message sign.
“Sign” means any device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, graphic designs, logos, or trademarks for the purpose of: (1) providing information or directions; or (2) identifying or advertising any place, establishment, product, good, or service and includes all supports, braces, guys and anchors associated with such sign.
“Sign area” means the entire area of a sign on which graphics, letters, figures, symbols, trademarks and/or text is to be placed, excluding sign structure, architectural embellishments and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or text; provided, however, that individual letters, numbers or symbols using a canopy, awning or wall as the background, without added decoration or change in the canopy, awning or wall, have sign area calculated by measuring the perimeter enclosing each letter, number or symbol and totaling the square footage of these perimeters.
“Sign face” means the area of a sign on which the graphics, letters, figures, symbols, trademark or text is placed.
“Simulation of traffic signs” means any sign using the words “stop,” “look,” or “danger,” or any other words, symbols, characters, color or shape in such a manner as to interfere with, mislead, or confuse pedestrian or vehicular traffic.
“Snipe sign” means a sign or poster placed on trees, fences, light posts, or utility poles, except those posted by a government or public utility.
“Temporary sign” means a sign constructed and intended for short-term use. “Temporary signs” include, but are not limited to, portable signs designed to be moved easily and not permanently affixed to the ground or to a structure or building, e.g., A-board, T-frame, swing-frame, etc.
“Tenant directory sign” means a sign for listing the tenants or occupants of a multi-tenant building or center.
“Time and temperature sign” means any sign that displays the current time and temperature, without any commercial messages.
“Traveling displays” means the horizontal movement of a static message or display on an electronic changeable message sign.
“Under canopy sign” means any sign intended generally to attract pedestrian traffic, suspended beneath a canopy or marquee, which is at a 90-degree right angle to the adjacent exposed building face and which contains no commercial messages other than the name of the business.
“Vehicle sign” means any sign attached to or placed on a parked vehicle or trailer used principally for advertising purposes, rather than transportation, but excluding signs relating to the sale, lease, or rental of the vehicle or trailer and excluding signs which identify a firm or its principal product on a vehicle operated during the normal course of business.
“Wall sign” means either a sign applied with paint or similar substance on the surface of a wall or a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the sides or edges.
“Warning sign” means any sign which is intended to warn persons of prohibited activities such as “no trespassing,” “no hunting,” and “no dumping.”
“Window sign” means any sign affixed to the inside of a window and intended to be viewed from the exterior of the structure.
C. Permits.
1. Permit Requirements. No sign governed by the provisions of this code shall be erected, moved, enlarged, altered or relocated by any person without a permit issued by the City unless such sign is expressly excluded from this permitting requirement pursuant to subsection (C)(3) of this section. An applicant shall pay the permit fees set forth in the City’s fee schedule except that, in cases where a legal nonconforming sign is being voluntarily replaced by a sign that conforms to the current sign regulations, permit fees shall be waived by the Community Development Department. No new permit is required for signs which have valid, existing permits and which conform with the requirements of this code on the date of its adoption unless and until the sign is altered or relocated. Signs which, on the date of adoption of this code, have permits but do not conform to this code’s requirements may be eligible for characterization as nonconforming signs.
2. Permit Applications. Applications for permits shall be made on the forms provided by the City of Maple Valley Community Development Department.
3. Permit Exceptions.
a. Maintenance and Operation. A sign permit is not required for maintenance of a sign or for operation of a changeable copy sign and/or an electronic changeable message sign.
b. Exempt Signs. A sign permit is not required for the following signs:
i. Address identification with numbers and letters not more than 10 inches in height.
ii. Barber poles.
iii. A change to center identification signs or tenant directory signs when the change is of an individual tenant’s identification on an existing sign. This exemption includes copy changes to conforming signs that do not involve enlarging the sign or structurally altering the sign.
iv. Temporary signs as set forth in subsection (E) of this section.
v. Content identification for separate purpose devices such as phone booths, product dispensers, recycling containers, collection containers, gas pumps, etc., indicating only the contents or purpose of the device.
vi. Directional signs, on-site. Each sign shall not exceed four square feet in sign area if the directional sign is indicating one direction and shall not exceed eight square feet in sign area if such sign is indicating more than one direction. Center or complex names or logos shall comprise not more than 20 percent of the total sign area.
vii. Drive-through business sign. Signs shall be limited in number to two per business, and limited to locations abutting the drive-through lane. Signs shall not exceed five feet in height, and shall not exceed 45 square feet per sign face. Menu sign lettering, logos and photos shall be limited in size for viewing from the drive-through lane only.
viii. Flags of any nation, government, educational institution, or noncommercial organization. One flag containing the name or corporate logo of a business. Decorative flags without corporate logos or other forms of advertising are also excluded from permit requirements. Decorative flags must be spaced a minimum of 50 feet apart. Each flag may be a maximum of 20 square feet.
ix. Fuel price signs. Signs shall be located on the property where fuel is sold, shall be limited to one monument sign per street frontage, not to exceed five feet in height, and sign area shall not exceed 20 square feet per sign face. The portion of a freestanding sign that displays corporate identity or text unrelated to the price of fuel is not a fuel price sign and is subject to sign permit requirements. Electronic changeable fuel price signs are permitted.
x. Government signs. The City must approve the location, number and the content of such signs.
xi. Gravestones or other memorial displays associated with cemeteries or mausoleums.
xii. Historical site plaques and signs integral to a historic building or site.
xiii. Holiday decorations and/or decorative lights displayed in conjunction with recognized holidays.
xiv. Incidental signs attached to a structure or building, providing that the total of all such signs per use or business shall not exceed two square feet.
xv. Instructional signs.
xvi. Integral design features when such features are an essential part of the architecture of a building (including religious symbols) and when such features do not represent a product, service, or registered trademark.
xvii. Interior signs located completely within a building or structure and not intended to be visible from outside the structure, exclusive of window signs.
xviii. Nameplates not to exceed two square feet per sign face, and permanently affixed to the building in which the tenant is located.
xix. Nonblinking small strings of lights, which are part of decoration to be used in association with landscaped areas and trees.
xx. Signs required by law. Signs required by law meeting the current design standards of Washington State, the Uniform Building Code and the Uniform Sign Code.
xxi. Under canopy signs not exceeding the width of the canopy and eight square feet in size; and provided, that a minimum separation exists between such signs equal to 20 lineal feet or the distance between the building entrance or entrances for each business to which the sign relates, whichever is less.
xxii. Warning signs.
xxiii. Window signs – internal. Up to 20 percent of window area.
D. Prohibited Signs. The following signs or displays are prohibited in all zones within the City. Prohibited signs are subject to removal by the City at the owner’s or user’s expense. Confiscated signs are destroyed after 15 days. Owners may recover their signs within that time period by paying a fine prescribed in the fee schedule.
1. Abandoned or obsolete signs;
2. Signs which constitute a safety hazard to the public;
3. Animated signs or displays;
4. Banners, except as expressly allowed as temporary signage pursuant to subsection (E) of this section;
5. Billboards and all other types of off-premises signs, except as expressly permitted in subsection (C)(3)(b) of this section;
6. Flashing signs or displays;
7. Graffiti;
8. Holographic signs or displays;
9. Inflatable advertising devices, except as expressly allowed as temporary signage pursuant to subsection (E) of this section;
10. Balloons for commercial purposes except as expressly permitted in subsection (E) of this section;
11. Moving signs;
12. Signs that obstruct or interfere with free access to or egress from a required exit from a building or structure or along a pedestrian or vehicular route;
13. Festoons, pennants, or blinking lights;
14. Portable signs, except as expressly allowed in subsection (E) of this section;
15. Real estate signs advertising properties or developments located outside the City;
16. Signs in a public right-of-way, except temporary signs as expressly permitted in subsection (E) of this section;
17. Roof signs;
18. Scrolling displays;
19. Simulations of traffic signs;
20. Snipe signs;
21. Traveling displays; and
22. Vehicle signs including any sign attached to or placed on a parked vehicle or trailer used principally for advertising purposes, rather than transportation, but excluding signs relating to the sale, lease, or rental of the vehicle or trailer and excluding signs which identify a firm or its principal product on a vehicle operated during the normal course of business.
E. Temporary Signs. No temporary signs shall be located within center medians, roundabouts, or the amenity zone along the outside turning edge of a roundabout, traffic circle, or island. Temporary signs shall not obstruct sight distances or create traffic hazards. Temporary signs shall not be illuminated. The following temporary signs are allowed. Only on-site commercial temporary signs and off-site directional development signs require a sign permit.
1. Noncommercial Temporary Signs. All noncommercial temporary signs on public right-of-way or private property shall be regulated as follows:
a. Noncommercial temporary signs must not exceed eight square feet in area and shall not exceed 42 inches in height.
b. On roads that only have a shoulder and no sidewalk, noncommercial temporary signs must be placed beyond the edge of the asphalt, and may not be placed so that any part of the sign extends over the asphalt.
c. Noncommercial temporary signs shall not be placed in a manner that negatively affects the health of trees, shrubs or other landscaping.
d. Placement of off-premises noncommercial temporary signs on private property is subject to the landowner’s authorization.
2. Commercial Temporary Signs. Commercial temporary signs shall be regulated as follows:
a. Real Estate Signs.
i. Off-Site – Individual Property or Residences. The number of off-site real estate signs (open house signs) shall be limited to five per property, per agent; provided, however, that there shall be a minimum separation of 200 lineal feet between such signs. Exceptions to the 200-foot separation are allowed when a directional turn is required at distances less than 200 feet. The area of such signs shall be no greater than six square feet per sign face. All off-site real estate signs must be removed each day at the conclusion of the open house or other sales event when the seller or the agent is in attendance at the subject property. Signs may be placed one hour before the event and must be removed within one hour of the conclusion of the event. Directional signs shall be limited to three per property and be no larger than two square feet in size. At no time shall the number of off-site signs total more than five signs per property.
ii. On-Site. The number of on-site real estate signs shall be limited to one per agent per street frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall be no greater than six square feet per sign face. For other uses and developments, the size shall not exceed 32 square feet per sign face. All on-site real estate signs must be removed when the sale closes, or in the case of a rental or lease, when the tenant takes possession.
b. On-Premises Temporary Signs in Commercial Zones.
i. Shall not exceed six square feet per side and 42 inches in height.
ii. Shall not be located in the City right-of-way.
iii. No more than one temporary sign may be utilized per entity and/or business.
iv. All signs shall be located on the premises to which they are advertising and/or located.
v. Only permitted during business hours and must be removed each day upon the close of business.
c. Garage and Yard Sale Signs. The sign may be an off-premises sign and shall be limited to six square feet per sign face; the sign must be immediately removed at the end of an event. There shall be no more than five such signs advertising an event. Banner signs no larger than 32 square feet in size may be placed on a neighborhood monument sign or placed on stakes at the entrance to a neighborhood to advertise a yearly neighborhood garage sale. The banner sign may be placed up to five days in advance of the event no more than one time per year.
d. Construction Signs. Such signs are limited to two signs per project and each sign does not exceed 32 square feet per sign face and 12 feet in height. Construction signs for the project, commercial and residential, shall not be displayed prior to issuance of a building permit and shall be removed prior to buildout or the issuance of a certificate of occupancy for the project.
e. Special Sale Signs. Special sale or promotional signs are limited to banner signs only. Special sale or promotional signs, designed to advertise or promote, for short time frames, specific events, merchandise and/or prices, shall be permitted in all zones; provided, that such signs are displayed no more than 90 days in any 12-month period. All such signs must be attached to the facade, wall or window of the building occupied by the business conducting the sale or event advertised, or affixed to posts securely anchored to the ground on the premises. No business shall have more than two signs for each facade or wall of the building to which they are attached, or two banner signs affixed to posts. The total sign size shall not exceed 50 percent of the size of the allowed building-mounted sign or 50 percent of the size of the allowed freestanding sign.
f. Grand Opening Signs. Grand opening signs (which include business name changes) may include banners, searchlights, inflatable advertising devices and portable reader board signs. Searchlights, inflatable advertising devices and portable reader board signs are limited to a maximum of five days. Banners are limited to a total of 14 days. Grand opening signs allowed shall be in addition to the 90-day time frame identified in subsection (E)(2)(e) of this section, Special Sale Signs.
g. Bulletin Board. A business may install a permanent bulletin board in addition to permanent wall signage. The bulletin board shall not exceed 50 percent of the total allowed permanent wall sign area; provided, each tenant is allowed a minimum of 15 square feet; and further provided, the maximum size of a bulletin board shall not exceed 32 square feet. Temporary signage may be placed at any time within the confines of the bulletin board. An initial permit is required for the installation of the bulletin board, but no subsequent permits are required for placement of temporary signage therein.
h. Human Signs. Human signs as defined in subsection (B) of this section are considered a temporary sign and are subject to permit requirements. Human signs are limited to five days in a 12-month period per property, location or business. Human signs are not allowed in the public right-of-way.
i. Development Directional Signs and Flags. New residential developments inside the City of Maple Valley shall be allowed to place three off-site directional signs. The area of such signs shall be limited to 16 square feet per sign face and 32 square feet total per sign and shall be removed at buildout. Decorative flags for new developments containing corporate logos or the name of the development are allowed on site. Decorative flags must be spaced a minimum of 50 feet apart and shall be removed at buildout.
3. City-Sponsored Event or Civic Event Signage. All signage, including banners, located on City facilities are permitted only in conjunction with a City-sponsored event or a civic event. Signage may be placed up to 30 days in advance of the event and must be removed within five days of the close of the event.
F. Legal Nonconforming Signs – Loss of Legal Nonconforming Status. A nonconforming sign shall immediately lose its legal nonconforming designation if:
1. The sign is structurally altered in any way or the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated is increased;
2. The applicant is making any change, alteration or performing work other than normal maintenance to any structure that houses or supports the use with which the nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds 25 percent of the assessed value of the structure as determined by the King County Assessor;
3. The subject property containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property related to the legal nonconforming sign(s) ceases for 180 consecutive days;
4. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating or replacing the sign; provided, however, that replacing any individual tenant’s identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign’s legal nonconforming status;
5. Signs have not been maintained and meet the definition of “abandoned sign” in subsection (B) of this section;
6. Any legal nonconforming sign for a business or use undergoes a name change, or a sign has 20 percent or more of the text (except billboards, changeable copy signs, and tenant directory signs) or structure changed. Such signs shall be immediately brought into compliance with current sign regulations;
7. Any legal nonconforming sign that is damaged in excess of 50 percent of the current replacement value of the sign. Such sign shall be immediately brought into conformance with current sign regulations.
G. Sign Regulations – All Zoning Districts.
1. Applicability. The regulations of this section shall apply in all zoning districts and to all signs governed by this code, subject to the specific regulations of each zoning district.
2. Structural Requirements. The applicable provisions of MVMC Title 15, Building and Construction, shall govern the structure and installation of all signs within the City.
3. Maintenance. All signs, together with all of their supports, braces, guys and anchors, shall be maintained in good repair and in a safe, neat, clean, and attractive condition.
4. Illumination. The light directed on, or internal to, any sign shall be so shaded, shielded and/or directed so that the light intensity or brightness shall not adversely affect surrounding or facing properties or adversely affect safe vision of operators of vehicles moving on private or public roads, highways, or parking areas, or adversely affect safe vision of pedestrians on a public right-of-way. Light shall not shine upon nor reflect into residential structures.
5. Landscaping. At the time of installation, all freestanding signs shall include landscaping and curbing around the base of the sign to prevent vehicles from hitting the sign structure and to improve the overall visual appearance of the structure. Landscaping shall be in proportion to the size and height of the signs, with a minimum of one square foot of landscaping for each square foot of sign area, up to a maximum of 64 square feet per sign, and shall be maintained throughout the life of the sign.
6. Combined Sign Package. Businesses on split-zoned lots or on different, but abutting, lots may combine their signage. Abutting lots include lots separated by a vehicular access easement or tract. In such cases, the lot frontage and other measurements used to determine sign dimensions shall be taken from the combined frontage or other relevant measurements of the split-zoned or abutting parcels. The zoning at the location of the proposed sign shall control which sign requirements apply. The provisions for multi-tenant complexes shall control sign height and sign area for freestanding signs.
7. Decorative Mounting Structures. Decorative mounting structures or framework with no commercial content may be used around a sign and may add up to 24 inches to the width and height allowed pursuant to subsection (H) of this section.
8. Permission of Property Owner. Permission of the property owner is required for placement of all signage. Documentation shall be required for permit application.
H. Regulations by Zoning District.
1. Residential Zoning Districts. The following regulations shall apply to all residentially zoned property within the City and properties designated residential or public use within a Master Planned Community zone:
a. Residential Development Signs.
i. Multifamily Complex Identification Sign. Multifamily residential developments shall be permitted two monument identification signs per entrance. The identification signs shall not exceed 32 square feet per entrance, shall not exceed a height of six feet and shall not be internally illuminated. Sign location is limited to the on-site entrances of the development.
ii. Subdivision Identification Signs. Residential subdivisions shall be permitted two monument identification signs per entrance. The identification signs shall not exceed 32 square feet per entrance, shall not exceed a height of six feet and shall not be internally illuminated. Sign location is limited to the on-site entrances of the development.
b. Commercial and Institutional Signs.
i. Legally nonconforming and conditionally permitted commercial and institutional uses shall each be permitted one monument sign for each street frontage providing direct vehicle access to the site. Sign location is limited to the on-site entrances of the development. The sign area shall not exceed 64 square feet for the total of all faces and no one sign face shall exceed 32 square feet. The height for monument signs shall not exceed six feet.
ii. Public Uses as Defined in Subsection (B) of This Section. One changeable copy pylon sign is allowed in addition to the commercial and institutional sign described in subsection (H)(1)(b)(i) of this section. The changeable copy sign area shall not exceed 50 square feet for the total of all faces and no one face shall exceed 25 square feet. For sites with frontage greater than 150 feet on a public street one square foot of additional sign area shall be allowed for each 10 feet of frontage over and above 150 feet, up to a maximum of 100 square feet with no one face exceeding 50 square feet. Changeable copy signs are limited to 12 feet in height.
|
Sign Provision |
Multifamily Complex |
Single-Family Subdivision |
Commercial/ Institutional |
Public Uses |
|---|---|---|---|---|
|
Number and Type |
2 monument signs per entrance |
2 monument signs per entrance |
1 monument sign per street frontage providing direct vehicular access |
Same as Commercial/ Institutional, plus 1 changeable copy pylon sign |
|
Maximum Sign Area |
32 SF/entrance |
32 SF/entrance |
64 square feet total, 32 SF/face |
Pylon sign 50 SF total, 25 SF/face. If frontage > 150 feet, 1 SF additional sign area/10 feet frontage above 150 feet, up to 100 SF total, 50 SF/face. |
|
Height |
6 feet |
6 feet |
6 feet |
12 feet (pylon sign) |
2. Commercial (CB, NB, TC, RLTC and REC) Zoning Districts. The following regulations shall apply to all Commercial zoned property within the City:
a. Sign Types. Freestanding and building-mounted sign types are allowed in Commercial, Regional Learning and Technology, and Regional Employment Center zoning districts.
b. Sign Height. The height of a freestanding sign shall be calculated at the rate of one-half foot in sign height for every five lineal feet of frontage on a public right-of-way; provided, however, that sign height shall be calculated at the rate of one foot in sign height for every five lineal feet of frontage on a public right-of-way for any multi-tenant complex; and provided further, that such sign in no case shall exceed a maximum height of 12 feet. Every applicant is entitled to a minimum height of five feet. The height of a building-mounted sign shall be limited so as not to project above the roofline of the exposed building face to which the sign is attached.
c. Sign Area – Freestanding Signs. For any multi-tenant complex, the sign area allowed shall be calculated at the rate of two square feet per lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of 128 square feet for the total of all sign faces with no one face exceeding 64 square feet. For other uses, allowed sign area shall be calculated at the rate of one square foot per lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of 80 square feet for the total of all sign faces with no one sign face exceeding 40 square feet.
Notwithstanding the foregoing sign area calculations, every applicant is entitled to a minimum sign area of 50 square feet for the total of all faces with no one sign face exceeding 25 square feet.
d. Sign Area – Building-Mounted Signs. The total sign area of a building-mounted sign for all businesses or tenants, excluding under canopy signs, shall not exceed 15 percent of the exposed building face to which they are attached; provided, however, that no individual sign shall exceed 120 square feet and every applicant is entitled to a minimum sign area of 30 square feet.
e. Number and Location of Signs. A property in a Commercial, RLTC or REC zoning district may have one freestanding sign per frontage on a public right-of-way, as defined by subsection (B) of this section, providing direct vehicular access. For businesses having frontage on two or more streets, the location of the freestanding sign is limited to the street providing direct vehicular access. In instances where distance, topography or visual obstructions interfere with signage, the freestanding sign shall contain limited directional information or symbols, and may be located on the street frontage not providing direct vehicular access. If the visual obstruction is later removed the sign must be relocated to the entrance providing vehicular access. This provision does not allow additional signage. Building-mounted signs are limited to two per business or tenant.
f. Illumination. Signs in the Commercial, RLTC and REC zoning districts may be internally illuminated except in situations where the MPC, commercial or business park sign would create spillover lighting on a residential zoning district or residential use. In such cases, signs may only be illuminated with indirect lighting. Illumination must be in accordance with the provisions of subsection (G)(4) of this section.
|
Sign Type |
Maximum Height |
Maximum Sign Area |
Number of Signs |
|---|---|---|---|
|
Freestanding |
12 feet |
Single tenant: 1 SF per LF of street frontage, not to exceed 80 SF total, 40 SF/face Multiple tenant: 2 SF per LF of frontage, not to exceed 128 SF total, 64 SF/face |
1 per street frontage |
|
Building-Mounted |
Top of roofline |
15% of exposed building face to which the sign is attached, up to 120 SF |
2 per business or tenant |
3. Parks, Recreation and Open Space, Public, and Commercial Zones.
a. Digital Message Signs. Digital message signs are allowed for those properties owned by the school, community center, Chamber of Commerce, the City, and other government entities as follows:
i. The digital message sign shall be considered a freestanding sign.
ii. The digital message sign shall not exceed a height of 12 feet in the PRO, CB, and TC zones and 14 feet in the PUB zone.
iii. The digital message sign shall not exceed 60 square feet in area. The electronic portion shall not exceed more than 60 percent of the total sign area.
iv. The digital message sign shall be a monument sign.
I. Construction Standards.
1. Structural Components. To the maximum extent possible, signs should be constructed and installed so that angle irons, guy wires, braces and other structural elements are not visible. This limitation does not apply to structural elements that are an integral part of the overall design such as decorative metal or wood.
2. Sign Setback Requirements. The required setback from the property lines for all signs six feet or less in height shall be zero feet. Signs greater than six feet in height shall be set back from the property line not less than six feet in all zones. No sign shall be placed so as to interfere with required sight triangles or which creates a safety hazard.
3. Dimensional and Design Standards. The following drawings illustrate the dimensional standards for pedestal, pylon and monument signs. The average ground elevation for sign base shown below shall be measured from the grade of the finished sidewalk or street, whichever is higher.
a. Pedestal Sign.
b. Pole or Pylon Sign.
c. Monument Sign.
4. Design Criteria.
a. Sign Base. The base of the sign must be constructed from landscape materials such as brick, stucco, stonework, textured wood, tile or textured concrete or materials that are harmonious with the character of the primary structures on the subject property and subject to the Community Development Director’s approval. No visible gap shall be allowed between the sign base of a monument or pedestal sign and the finished grade.
b. Sign Face. The color, shape, material, lettering and other architectural details of the sign face must be harmonious with the character of the primary structure.
c. Minor Deviations. The Community Development Director may approve minor deviations from the dimensional standards for signs, except for maximum sign height, if he or she concludes that the resulting sign does not significantly change the relative proportion of the sign base to the sign face.
d. Location. No sign shall be located so as to physically obstruct any door or exit from a building. No sign shall be located so as to be hazardous to a motorist’s or pedestrian’s ingress to or egress from buildings or parking areas. No sign shall be located within the clearview zone.
e. Landscaping around Freestanding Signs. To improve the overall appearance of the sign and to reduce the risk of motor vehicles hitting the sign or supports of the sign, an area adjacent to the base of each freestanding sign must be landscaped equal to the sign area; provided, however, that the City will not require more than 128 square feet of landscaped area. This landscaping must include vegetation and may include other materials and components such as brick or concrete bases, planter boxes, pole covers or decorative framing, subject to approval by the Community Development Department.
f. Bulletin Board. Bulletin board construction must be of durable material that is harmonious with the character of the building upon which it is to be placed. The entire sign face must be enclosed within a transparent case constructed from weatherproof material.
g. Example of Bulletin Board.
J. Variance from Sign Code.
1. Scope. This section establishes the procedure and criteria the City will use in making a decision upon an application for a variance from the provisions of the sign code.
2. Required Review Process. The City will review and decide upon applications for a variance to any of the provisions of this code using Process 2 (as described in Chapter 18.100 MVMC).
3. Criteria. A variance to any provision(s) of this code may be granted only if appropriate findings are made relative to all of the following:
a. The literal interpretation and strict application of the provisions and requirements of the sign regulations would cause undue and unnecessary hardship because of unique or unusual conditions pertaining to the specific building, parcel or subject property;
b. A sign package consistent with the provisions of this section would not provide the use or the business with effective signage;
c. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located;
d. The variance is not granted for the convenience of the applicant or for the convenience of regional or national businesses that wish to use a standard sign;
e. The special circumstances of the subject property are not the result of the actions of the applicant, the owner of the property or a self-induced hardship; and
f. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is located.
4. Conditions and Restrictions. As part of any approval of a request for a variance under this section, the City may impose any conditions, limitations or restrictions it considers appropriate under the circumstances. This may include, but is not limited to, requiring that the owner of the subject property sign a covenant or other written document to be filed with the County to run with the property by which, at a time certain or upon specific events, the signs on the subject property would be brought into compliance with all applicable City regulations then in effect. (Ord. O-20-691 § 1; Ord. O-17-611 § 1 (Exh. A); Ord. O-14-550 § 1; Ord. O-12-499 § 9; Ord. O-12-490 § 9; Ord. O-11-441 § 1; Ord. O-03-228 § 1; Ord. O-99-109 § 1).
18.50.015 Sign fee schedule.
Repealed by Ord. O-20-691. (Ord. O-12-490 § 9; Ord. O-03-228 § 1).
18.50.020 Personal wireless service facilities.
A. Purpose. This section addresses the issues of location and appearance associated with personal wireless service facilities (PWSF). It provides adequate siting opportunities through a range of locations and options that minimize the visual impacts sometimes associated with wireless communications technologies. The siting of facilities on existing buildings or structures, collocation of several providers’ facilities on a single support structure or site, and visual mitigation measures are encouraged to maintain neighborhood appearance and reduce visual clutter in the City.
B. Definitions.
1. “Abandonment” or “abandoned” means:
a. To cease operation for a period of 60 or more consecutive days;
b. To reduce the effective radiated power of an antenna by 75 percent for 60 or more consecutive days;
c. To relocate an antenna at a point less than 80 percent of the height of an antenna support structure; or
d. To reduce the number of transmissions from an antenna by 75 percent for 60 or more consecutive days.
2. “Antenna(s)” means any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points, including, but not limited to:
a. Whip antenna(s): An omni-directional antenna which transmits and receives radio frequency signals in a 360-degree radial pattern. Typically four inches or less in diameter.
b. Panel antenna(s): A directional antenna which transmits and receives radio frequency signals in a specific directional pattern of up to 120 degrees, and which is typically thin and rectangular in shape.
c. Tubular antenna(s): A tube typically 12 inches in diameter containing either omni-directional or directional antennas, depending on the specific site requirement. This is often used as a means to mitigate the appearance of antennas on top of light standards and power poles.
d. Parabolic (or dish) antenna(s): A bowl-shaped device for the reception and/or transmission of communications signals in a narrow and specific direction.
e. Ancillary antenna(s): An antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna.
3. “Collocation” means the placement and arrangement of multiple providers’ antennas and equipment on a single support structure or equipment pad area.
4. “Electromagnetic field (EMF)” means the field produced by the operation of equipment used in transmitting and receiving radio frequency signals.
5. “Equipment shelter” means the structure associated with a PWSF that is used to house electronic switching equipment, cooling systems, and back-up power systems.
6. “Microcell” means a wireless communication facility consisting of a single antenna that is either: (a) a panel antenna four feet in height and with an area of not more than 580 square inches; or (b) a whip antenna, no more than four inches in diameter and no more than six feet high; or (c) a tubular antenna no more than 18 inches in diameter and six feet in height.
7. “Minor facility” means a wireless communication facility consisting of up to three antennas, each of which is either (a) four feet in height and with an area of not more than 580 square inches; or (b) a whip antenna, no more than four inches in diameter and no more than six feet in length; (c) a tubular antenna no more than 18 inches in diameter and six feet in height; and an associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area.
8. “Personal wireless service facility (PWSF)” or “wireless telecommunications facility” or “wireless facility” or “facility” means a wireless communication facility, including a microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve the necessary elevation, and reception and transmission devices and antennas.
9. “Personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in Title 47, United States Code, Section 332 (c)(7)(C).
10. “Support structure” means any built structure, including any guy wires and anchors, to which antenna and other necessary associated hardware is mounted. Support structures may include the following:
a. “Lattice tower” means a support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section.
b. “Guy tower” means a support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors.
c. “Monopole” means a support structure that consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad.
d. “Existing nonresidential structure” means existing structures identified in this section to which wireless facility components may be attached with certain mitigating conditions.
C. Exemptions. The following are exempt from the provisions of this section and shall be permitted in all zones:
1. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC;
2. Antennas and related equipment no more than three feet in height that are being stored, shipped, or displayed for sale;
3. Facilities used for purposes of public safety, such as, but not limited to, police and the regional 911 system;
4. Wireless radio utilized for temporary emergency communications in the event of a disaster;
5. Licensed amateur (ham) radio stations;
6. Satellite dish antennas less than two meters in diameter, including direct to home satellite services, when used as a secondary use of the property;
7. Personal wireless service facilities which existed or had a vested application on or prior to the effective date of the ordinance codified in this section; except that this exemption does not apply to modifications of existing facilities;
8. Routine maintenance or repair of a personal wireless service facility and related equipment, (excluding structural work or changes in height or dimensions of antennas, towers, or buildings); provided, that compliance with the standards of this section are maintained; and
9. Subject to compliance with all other applicable standards of this title, a Building Permit application need not be filed for emergency repair of a personal wireless service facility until 30 days after the completion of such emergency activity.
D. PWSF Locations.
1. Zoning District and Height. Freestanding PWSFs may be located in the Business Park and Commercial zoning districts at the following heights:
a. Business Park zone: 60 feet; and
b. Commercial and Office zone: 40 feet.
2. Existing Structures. Wireless facilities may be placed in any zone on the following existing structures:
a. Any freestanding support structure currently used by a permitted PWSF;
b. Nonresidential buildings including, but not limited to, office buildings, retail buildings, industrial buildings, and clubhouses; but not including structures considered accessory structures to a residential use; and
c. Minor facilities located on nonresidential buildings and structures including, but not limited to, government buildings, churches, light standards in parking lots and sports fields, bridges, power poles and towers, and flag poles.
3. Rights-of-Way. Wireless facilities may be placed in the SR 516, SR 169, and Witte Road rights-of-way under the following conditions:
a. The PWSF is a microcell consisting of a whip or tubular antenna placed on a light standard or power pole and the equipment cabinet is placed in the ground.
E. General Provisions.
1. Principal or Accessory Use. Wireless telecommunications facility may be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation of a PWSF on that lot.
2. Not Essential Services. Wireless telecommunications facilities are not considered essential public facilities and shall not be regulated or permitted as essential public facilities.
3. FCC Licensing. The applicant must demonstrate that it is licensed by the FCC if it is required to be licensed under FCC regulations. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with an FCC licensed telecommunications provider if they are required to be licensed by the FCC.
4. Lot Size. For purposes of determining whether the installation of a wireless telecommunications facility complies with district development standards, such as, but not limited to, setback and lot coverage requirements, the dimensions of the entire lot shall control, even though a wireless telecommunications facility is located on a leased parcel within that lot.
5. Signs. No wireless telecommunications equipment shall be used for the purpose of mounting signs or message displays of any kind.
6. Lighting. Wireless facilities shall not be artificially lighted unless required by the FAA or other applicable authority.
7. Permanent Mounting Required. All commercial wireless telecommunications facilities shall be installed, erected, or mounted in a manner that is intended to be permanent. Temporary and mobile commercial facilities are not allowed.
8. Cumulative Effects. The City shall consider the cumulative visual effects of wireless facilities mounted on existing structures and/or located on a given permitted site in determining whether the additional permits can be granted so as to not adversely affect the visual character of the City.
9. Business Registration. In the event that the City institutes a general business license requirement, then all applicants shall obtain a City of Maple Valley business registration prior to issuance of any permits.
F. Site Development Standards. All wireless facilities shall be constructed, erected or built in accordance with the following site development standards:
1. Wireless facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of compatible materials, location, color, stealth technologies, and/or other tactics to achieve minimum visibility of the facility as viewed from public streets or residential properties. The City of Maple Valley shall approve all screening and camouflaging.
2. Wireless facilities may be mounted on certain nonresidential buildings and structures in accordance with the limitations in subsection (D)(2) of this section with an administrative review and a Zoning Permit; provided, that the following conditions are met:
a. The PWSF is collocated on an existing wireless facility and conforms to subsection (D)(1) of this section; or
b. The PWSF consists of a microcell or a minor facility as follows:
i. The combined antenna(s) and supporting hardware shall not extend more than 15 feet above the existing or proposed roof structure. Antenna(s) may be mounted to rooftop appurtenances provided they do not extend beyond 15 feet above the roof proper; and
ii. The antennas are mounted on the building such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent practical, blend into the existing environment.
3. PWSFs other than a microcell or minor facility will require a Zoning Permit and Conditional Use Permit. New freestanding wireless facilities, all exempt repair and maintenance, and all other PWSFs not meeting the criteria for administrative review shall conform to all of the following site development standards:
a. Monopoles shall be the only freestanding support structures allowed in the City;
b. Installation of a freestanding facility shall be denied if placement of the antennas on an existing structure can meet the applicant’s technical and network location requirements. The City may deny an application to construct a new freestanding facility if the applicant has not shown by substantial evidence that it has made an effort to mount the proposed antennas on an existing building or support structure that would provide adequate service to the proposed coverage area. The applicant shall use the following collocation protocol:
i. Prior to or with an application for approval of a PWSF, the applicant shall demonstrate that the following notice was mailed via certified mail to all other PWSF providers licensed to provide service within the City:
Pursuant to the requirements of Maple Valley Development Regulations Section 18.50.020.F, (name of wireless provider) is hereby providing you with notice of our intent to submit an application with the City of Maple Valley for construction of a new freestanding personal wireless service facility that would be located at (location). In general, we plan to construct a monopole of (number of feet) in height for the purpose of providing (cellular, PCS, ESMR, etc.) service in the (number) frequency range. Please inform us whether you have any existing or planned personal wireless service facilities within one mile of the proposed facility that may be available for possible collocation. If you do not have a facility available for collocation, please indicate whether you would be interested in collocating on our proposed facility. Please provide us with this information within 10 business days after the date of this letter. Your cooperation is appreciated.
ii. Copies of any responses to the collocation request letter shall be provided to the City prior to or with the PWSF application. If a response to a collocation request letter is received by an applicant indicating an opportunity for collocation, the applicant shall make a good faith effort to analyze the feasibility of collocation. This analysis shall be submitted with an application for any freestanding facility and shall include, at a minimum:
(A) A statement from a qualified engineer indicating whether the necessary service can or cannot be provided by collocation at the possible collocation site;
(B) Evidence that the lessor of the possible collocation site either agrees or disagrees to collocation on his/her property;
(C) Evidence that adequate space exists or does not exist at the possible collocation site to accommodate needed equipment and meet the applicable requirements of this code; and
(D) Evidence that adequate access does or does not exist at the possible collocation site.
c. The applicant shall demonstrate that the PWSF is the minimum height required to function satisfactorily. No freestanding facility that is taller than the maximum allowed height shall be approved. Height shall be measured to the top of the antenna(s);
d. A freestanding PWSF, including the support structure and associated electronic equipment, shall comply with all required setbacks of the zoning district in which it is located; EXCEPT when on a lot adjacent to a residential use, then the minimum setback from the property line(s) of the adjacent residential use(s) shall equal the height of the proposed facility;
e. Freestanding wireless facilities shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to:
i. Use existing site features to screen as much of the total facility as possible from prevalent views; and/or
ii. Use existing site features as a background so that the total facility blends into the background with increased sight distances;
f. In reviewing the proposed placement of a wireless facility on the site and any associated landscaping, the City may make a condition of the permit that the applicant supplement existing trees and mature vegetation to more effectively screen the facility; and
g. Support structures, antennas, and any associated hardware shall be painted a nonreflective color or color scheme appropriate to the background against which the facility would be viewed from a majority of points within its viewshed. A proposed color or color scheme shall be approved by the City.
4. Electronics equipment enclosures shall conform to the following:
a. Screening of PWSF equipment enclosures shall be provided with one or a combination of the following: underground, fencing, walls, landscaping, structures, or topography which will block the view of the equipment shelter as much as practicable from any street and/or adjacent properties. Screening may be located anywhere between the enclosure and the above mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition; and
b. No wireless equipment reviewed under this section shall be located within required building setback areas.
5. Security fencing, if used, shall conform to the following:
a. No fence shall exceed six feet in height;
b. Security fencing shall be effectively screened from view through the use of appropriate landscaping materials; and
c. Chain-link fences shall be painted or coated with a nonreflective color, and shall have a minimum three-foot deep area to be planted with approved plant species in a manner that will completely screen the fencing.
G. Collocation. The intent of collocation is to encourage several providers to use the same structure or site to keep the number of wireless facilities sites to a minimum as a means of reducing the overall visual effects throughout the community. The following procedures are required to further the intent of PWSF collocation:
1. A permittee shall cooperate with other PWSF providers in collocating additional antennas on support structures and/or on existing buildings and sites provided said proposed collocatees have received a permit for such use at said site from the City. A permittee shall allow other providers to collocate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden).
2. A signed statement indicating that the applicant agrees to allow for the potential collocation of additional PWSF equipment by other providers on the applicant’s structure or within the same site location shall be submitted by the applicant as part of the permit application. If an applicant contends that future collocation is not possible on its site, the applicant must submit a technical study documenting that such collocation is not possible.
H. Facility Removal. In instances where a PWSF is to be removed, the removal shall be in accordance with the following procedures:
1. The operator of a PWSF shall notify the City upon the discontinued use of a particular facility. The PWSF shall be removed by the facility owner within 90 days of the date the site’s use is discontinued, it ceases to be operational, the permit is revoked, or if the facility falls into disrepair or is abandoned. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in safety or visual impacts; and
2. If the provider fails to remove the facility upon 90 days of its discontinued use, the responsibility for removal falls upon the landholder on which the facility has been located.
I. Electromagnetic Field (EMF) Standards Compliance. All PWSFs shall be operated in compliance with the following standards:
1. The applicant shall comply with federal standards for EMF emissions. Within six months after the issuance of its operational permit, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions and compare the results with established federal standards. Said report shall be subject to review and approval by the City for consistency with the project proposal report and the adopted federal standards. If on review the City finds that the PWSF does not meet federal standards, the City may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to comply with the federal standards. If the permit is revoked, then the facility shall be removed pursuant to subsection (H) of this section.
2. The applicant shall ensure that the PWSF will not cause localized interference with the reception of area television or radio broadcasts. If on review of a registered complaint the City finds that the PWSF interferes with such reception, the City may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to correct the interference. If the permit is revoked, then the facility shall be removed pursuant to subsection (H) of this section.
J. Application Requirements. Applications for a PSWF shall be in a form prescribed by the City of Maple Valley and include the information described below. The Director of Community Development shall issue a written determination when an application has been deemed to be complete. Applications shall be processed in accordance with the City’s ordinances and regulations as presently constituted or hereafter amended. Application for a PWSF shall contain the following information. In addition to the information required by City of Maple Valley ordinances and regulations, the applicant must provide any combination of site plans, maps, surveys, technical reports, or written narratives that operate to convey all of the following information:
1. Photo-simulations of the proposed facility as viewed from affected residential properties and public rights-of-way at varying distances;
2. A signed statement indicating that (a) the applicant and landowner agree they will diligently negotiate in good faith to facilitate collocation of additional personal wireless service facilities by other providers on the applicant’s structure or within the same site location and (b) the applicant and/or landlord agree to remove the facility within 90 days after abandonment;
3. Copies of any environmental documents required by any federal agency, if applicable. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that a FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment;
4. A full site plan shall be required for all sites, showing the tower, antenna, antenna support structure, building, fencing, buffering, access, and all other items required in this ordinance. The site plan shall clearly indicate the location, the specific placement of the facility on the site, the type and height of the proposed PWSF, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facility, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, fencing, proposed color(s), and any other proposed structures. The site plan shall not be required if the antenna is to be mounted on an existing structure;
5. A current map showing the location and service area of the proposed PWSF, and a map showing the locations and service areas of other personal wireless service facilities operated by the applicant and those proposed by the applicant that are close enough to impact service within the City;
6. A legal description of the parcel, if applicable;
7. The approximate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties;
8. The method of fencing, the finished color, and, if applicable, the method of camouflage and illumination, if required;
9. A letter signed by the applicant stating the PWSF will comply with all FAA regulations and EIA Standards and all other applicable federal, State and local laws and regulations;
10. A statement by the applicant as to whether construction of the PWSF will accommodate collocation of additional antennas for future users;
11. Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions;
12. At the time of site selection, the applicant should demonstrate how the proposed site fits into its overall network within the City. This shall include a service area coverage chart for the proposed facility that depicts the extent of coverage and corresponding signal quality at the proposed facility height and at least one height lower than that proposed;
13. In certain instances there may be a need for expert review by a third party of the technical data submitted by the PWSF applicant. The City may require such a technical review, to be paid for by the PWSF applicant in accordance with subsection (L) of this section. The selection of the third party expert may be by mutual agreement between the applicant and the City, or at the sole discretion of the City, such mutual agreement not to be unreasonably withheld by either party. The third party expert shall have recognized training and qualifications in the field of radio frequency engineering or structural engineering, as appropriate. The expert review is intended to be a site-specific review of technical aspects of the personal wireless services, facilities and other matters as described herein, and not a subjective review of the site selection. In particular, but without limitation, the expert shall be entitled to provide a recommendation on the height of the proposed facilities relative to the applicant’s coverage objectives and system design parameters, or the structural requirements for accommodating collocation. Such a review should address the accuracy and completeness of the technical data, whether the analysis techniques and methodologies are legitimate, the validity of the conclusions and any specific technical issues outlined by the City or other interested parties. Based on the results of the third party review, the City may require changes to the application for the PWSF that comply with the recommendations of the expert.
K. Permit Limitations. Approved permits issued by the City for PWSFs shall be restricted by the following permit limitations:
1. A permit for the operation of a PWSF shall expire immediately upon the abandonment or ceasing of operation or use of the facility. The owner or lessee of the facility shall notify the City of the ceasing of operation or use and shall remove the facility within 30 days.
2. Construction of a PWSF shall commence within one year from the date of the City’s approval, with opportunity for a six-month extension. If not used within one year, or within the extension period, the permit shall become null and void.
L. Fees.
1. Fees associated with permits and reviews required under this section shall be in accordance with Chapter 16.10 MVMC.
2. In addition to the application fee, the applicant shall reimburse the City for costs of professional engineers and other consultants hired by the City to review and inspect the applicant’s proposal when the City is unable to do so with its existing staffing resources. By way of illustration and not limitation, these professional services may include engineering and technical review, legal review, planning review, Hearing Examiner services, environmental review, critical areas review, financial and accounting review, soils review, and mechanical and structural engineering review.
In the event that a project requires professional services beyond that which is included in the base fee, the applicant shall reimburse the City at the current hourly rate. The City may require the applicant to deposit an amount with the City to cover anticipated costs of retaining professional services or consultants.
M. Appeals.
1. Final decisions made under subsection (F)(2) of this section are Process I decisions under this code and are appealed in accordance with the procedure set forth therein.
2. Decisions made under subsection (F)(3) of this section are Process III decisions under this code and are appealed in accordance with the procedure set forth therein.
3. For purposes of appeals of decisions made under subsections (F)(2) and (3) of this section, the applicant has the burden of establishing that the proposed facility conforms with the requirements of this chapter.
4. The Examiner shall deny an application for a facility that does not meet the requirements of subsection (F)(3)(a) through (g) of this section and cannot be conditioned so as to meet the requirements of subsection (F)(3)(a) through (g) of this section.
N. Rules and Regulations of the City. Nothing in these provisions shall operate to restrict or limit the City’s ability to adopt and enforce all appropriate ordinances requirements for telecommunications carriers’ and providers’ use of the rights-of-way and public property, procedures for application and approval of telecommunications business registrations, telecommunications rights-of-way use authorizations, franchises and facilities leases, and describing violations and establishing penalties. Nothing in these provisions shall operate to release in whole or in part any applicant for a PWSF facility from the obligation to comply with such ordinances, rules and regulations of the City of Maple Valley. (Ord. O-99-109 § 1).