AN ORDINANCE relating to land use and zoning, repealing the moratorium adopted by Ordinance 119487 as amended, amending Seattle Municipal Code Sections 23.55.003, 23.55.030, 23.55.034, 23.55.036, 23.55.040, 23.66.160, 23.66.338, 23.69.021, 23.84.036 and adding a new section 23.55.005, Video Display Methods, to regulate use of video display on signs.

WHEREAS, among the purposes of the Sign Code are to allow signs that invite rather than demand the public's attention, to encourage the use of signs that enhance the visual environment of the city, and to protect the public interest and safety;

WHEREAS, the City of Seattle regulates signs and displays on signs in order to reduce potential traffic safety hazards and visual blight, among other reasons set out in SMC 23.55.001;

WHEREAS, for these reasons the City prohibits or otherwise regulates signs that flash, or that rotate or have moving parts that rotate rapidly;

WHEREAS, a major study on electronic signs prepared by the Federal Highway Administration found that "motion or the illusion of motion of lights or other display features," including animation, has "the greatest potential for motorist distraction as well as a dominant visual impact on the aesthetic environment." (FHA Report, Part VI, Section L.);

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Subsection A of Section 23.55.003 of the Seattle Municipal Code, which Section was last amended by Ordinance 112830, is further amended as follows:

SMC 23.55.003 Signs prohibited in all zones.

A. The following signs shall be prohibited in all zones:

1. Flashing signs;

2. Signs which rotate or have a rotating or moving part or parts that revolve at a speed in excess of seven (7) revolutions per minute;

3. Signs attached to or located on stationary motor vehicles, equipment, trailers, and related devices, except for signs not exceeding five (5) square feet in area and relating to the sale, lease or rent of a motor vehicle to which the signs are attached;

4. Portable signs other than readily detachable signs having a fixed base or mounting for the placement and intermittent use of such signs;

5. Banners, streamers, strings of pennants, fabric signs, festoons of lights, clusters of flags, wind-animated objects, balloons, searchlights, and similar devices, except where the principal use or activity on the lot is outdoor retail sales in NC3, C1, C2 and downtown zones, and except where permitted as temporary signs under Section 23.55.012.

6. Signs that attempt or appear to attempt to direct the movement of traffic or that interfere with, imitate or resemble any official traffic sign, signal or device.

7. Signs using a video display method, except as provided in section 23.55.005, Video Display Methods.

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NEW SECTION. Section 2. A new section 23.55.005, Video Display Methods, is added to Chapter 23.55 of the Seattle Municipal Code, as follows:

SMC 23.55.005 Video Display Methods

A. Development standards. Video display may be used on a sign when the sign meets all of the following development standards:

1. The sign is an on-premises sign;

2. The sign is not located in a residential, NC1 or NC2 zone, Special Review District, Historical District, Preservation District, or shoreline environment;

3. The sign meets one of the following criteria:

i. the sign face is not visible from a street, driveway, or surface parking area, and also is not visible from a lot that is owned by a different person, in which case the size of the sign is not limited by this subsection of 23.55.005, Video Display Methods, and the standards for duration or pause periods and subsection A 5, shall not apply; or

ii. the sign area is less than or equal to 1000 square inches and no single dimension of the sign exceeds three (3) feet; or

iii. the sign meets the standards set out in subsection B, in addition to meeting all other standards of this subsection A.

4. The maximum height for any sign using a video display method shall be fifteen (15') feet above existing grade. Pole signs using a video display method shall be at least ten feet (10') above the ground;

5. The sign is at least thirty-five (35) linear feet in any direction from any other sign that uses a video display method;

6. When located within fifty (50) feet of a lot in a residential zone, any part of the sign using a video display method is oriented so that no portion of the sign face is visible from an existing or permitted principal structure on that lot;

7. Duration: Any portion of the message that uses a video display method shall have a minimum duration of two (2) seconds and a maximum duration of five (5) seconds. Calculation of the duration shall not include the number of frames per second used in a video display method. Calculation of the maximum duration shall include the time used for any other display methods incorporated within that portion of the message displayed using a video display method;

8. Pause Between Video Portions of Message. There shall be twenty (20) seconds of still image or blank screen following every message using a video display method;

9. Audio speakers shall be prohibited in association with a sign using a video method of display;

10. Between dusk and dawn the video display shall be limited in brightness to no more than 500 nits when measured from the sign's face at its maximum brightness; and

11. Signs using a video display method may be used after dusk only until 11:00 p.m. or, if the advertising is an on-premises message about an event at the site where the sign is located, for up to one hour after said event.

B. In lieu of complying with subsection A (3) above, the Director of DCLU shall allow video display methods on a sign if the sign meets all of the following additional development standards:

1. The sign is within the area shown on the map attached as Exhibit A and not within a Special Review District, Historic District, Preservation District, residential zone or shoreline environment;

2. The sign is a minimum distance of fifteen feet (15') from the curb; and

3. The maximum size of the sign is twenty (20) square feet as independently applied to each sign face, including framework and border.

C. Video Signs Previously Erected. On-premises signs using the video method of display, that have permits authorizing use of that method of display issued prior to August 1, 2001, may continue to use the video method of display authorized in the permit provided that they meet the standards of 23.55.005.A.6-11 above within 180 days from the effective date of the ordinance codified in this section. Previously erected and permitted signs that use a video method of display located within the area shown on the map attached as Exhibit A shall not be subject to the foregoing standards of 23.55.005 except 23.55.005.A.1. If the video method of display is terminated for 180 days or the sign is relocated or reconstructed, then the video method of display cannot be used except in conformance with the development standards of section 23.55.005.

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Section 3. Subsection B of Section 23.55.030 of the Seattle Municipal Code, which Section was last amended by Ordinance 118302, is further amended as follows:

23.55.030 Signs in NC3, C1 and C2 zones.

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B. Signs may be electric, externally illuminated, or nonilluminated ., or may use video display methods when the sign meets the development standards in Section 23.55.005, Video Display Methods.

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Section 4. Subsection C of Section 23.55.034 of the Seattle Municipal Code, which Section was last amended by Ordinance 119239, is further amended as follows:

23.55.034 Signs in downtown zones.

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C. General Standards for All Signs.

1. Signs may be electrical, externally illuminated, or nonilluminated ., or may use video display methods when the sign meets the development standards in Section 23.55.005, Video Display Methods.

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Section 5. Subsection B of Section 23.55.036 of the Seattle Municipal Code, which Section was last amended by Ordinance 119391, is further amended as follows:

23.55.036 Signs in IB, IC, IG1 and IG2 zones.

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B. Signs may be electrical, externally illuminated, or nonilluminated ., or may use video display methods when the sign meets the development standards in Section 23.55.005, Video Display Methods.

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Section 6. Section 23.55.040 of the Seattle Municipal Code, which Section was last amended by Ordinance 118888, is further amended as follows:

SMC 23.55.040 Special exception for signs in commercial and downtown zones.

The Director may authorize exceptions to the regulations for the size, number, type, height and depth of projection of on-premises signs in neighborhood commercial, commercial, downtown office core, downtown retiaail core, downtown mixed commercial, and downtown harborfront zones as a special exception pursuant to Chapter 23.76, Procedures for Master Use Permit and Council Land Use Decisions., except that no special exception may be authorized for a sign using video display methods. When one (1) or more of the conditions in subsection A of this section have been met, the characteristics described in subsection B of this section shall be used to evaluate the merits of the proposal. Proposals must also meet the intent of the Sign Code as specified in Section 23.55.001, Intent. An exception shall not be granted for roof signs or signs prohibited in Section 23.55.003. In downtown zones, the Director shall consult with the Seattle Design Commission before issuance of the special exception decision.

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Section 7. Subsection A of Section 23.66.160, which Section was last amended by Ordinance 117555, is further amended as follows:

SMC 23.66.160 Signs.

A. The following signs shall be prohibited throughout the Pioneer Square Preservation District:

Permanently affixed, freestanding signs (except those used to identify areas such as parks);

Roof signs;

Billboards;

Electric signs, and signs using video display methods, excluding neon signs.

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Section 8. Subsection E of Section 23.66.338, which Section was last amended by Ordinance 117555, is further amended as follows:

SMC 23.66.338 Business identification signs

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E. Illumination. Neon-lit signs are encouraged to create an exciting and enhanced visual image in the retail core.

1. No sign or light shall move, flash or make noise. Exceptions may be granted by the Department of Neighborhoods Director for indicators of time or temperature, after review and recommendation by the Board.

2. Illuminated signs shall be designed and sited in a manner to minimize glare on floors above grade in nearby residences.

3. Signs using video display methods are prohibited.

Section 9. Subsection A of Section 23.69.021 of the Seattle Municipal Code, which Section was last amended by Ordinance 118362, is further amended as follows:

SMC 23.69.021 Signs in Major Institution Overlay Districts.

A. General Standards.

1. Signs shall be stationary and shall not rotate.

2. No flashing, changing-image, or message board signs, or signs using video display methods, except as permitted as defined in 23.55.005, Video Display Methods, shall be permitted.

3. Signs may be electric, externally illuminated, or nonilluminated.

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Section 10. Section 23.84.036 of the Seattle Municipal Code, which Section was last amended by Ordinance 119839, is further amended as follows:

23.84.036 Definitions -S.

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"Sign, changing-image" means a sign, including a sign using a video display method, which changes its message or background by means of electrical, kinetic, solar or mechanical energy, not including message board signs. A video display method is a method of display characterized by real-time, fullmotion imagery of at least television quality.

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Section 11. The moratorium enacted in Ordinance 119487 as amended is repealed as of the effective date of this ordinance.

Section 12. The several provisions of this ordinance are declared to be separate and severable, and the invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstances. The Council intends to maintain the Sign Code in order to continue to promote the purposes for which it was adopted, and if the amendments in this ordinance render the Sign Code invalid in any respect, then the Council intends the Sign Code to remain in effect as if this ordinance had not been adopted.

Section 13. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ________ day of __________________, 2001, and signed by me in open session in authentication of its passage this _____ day of _______________, 2001. ___________________________________ President of the City Council

Approved by me this _____ day of _______________, 2001. ___________________________________ Paul Schell, Mayor

Filed by me this _____ day of _______________, 2001. ___________________________________ City Clerk

8/9/01 v9

Exhibit A