(3) Digital signs shall include ambient light monitors that automatically adjust the brightness level of the sign based on ambient light conditions subject to the limits of subsections (4) and (5) of this section.
(5) The maximum brightness levels for digital signs shall not exceed 500 nits when measured from the sign face at its maximum brightness, between sunset and sunrise, as those times are determined by the National Weather Service.
(6) The transition time between messages shall be completed in no more than one second.
(7) A manual override function accessible to emergency responders shall be provided.
(8) The setback for a new digital sign shall be from the existing right-of-way line or the right-of-way reservation line pursuant to SCC 30.23.049(5) when the county requires additional right-of-way, whichever is greater.
(9) The setback for a replacement digital sign shall be calculated from the right-of-way reservation line pursuant to SCC 30.23.049(5) if this setback is greater than the existing setback. Alternatively, the existing setback may be maintained if the property owner and the digital sign owner sign a notarized affidavit that agrees that the county, or a subsequent jurisdiction upon annexation of the property, shall not be responsible for any costs, including lost or future revenue, associated with either the relocation or removal of the digital sign when it is necessary to widen the public right-of-way.
(10) The freestanding sign structure on which a digital sign is to be attached shall not be located closer than 300 feet from any residential unit, on the date the sign is installed, unless the residential unit is a nonconforming unit. The distance shall be measured from the edge of the sign to the closest wall of the residential structure.
(11) When a digital sign is proposed adjacent to a right-of-way under the jurisdiction of either the Washington State Department of Transportation (WSDOT) or a city or town, the department shall request comment from the applicable jurisdiction.
(12) The department shall make a determination to approve, approve with conditions, or deny an application for a digital sign structure following submittal of materials as required by the department pursuant to SCC 30.70.030.