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HomeMy WebLinkAboutPermit 82-03-CA - CITY OF TUKWILA - SIGN CODE AMENDMENT82-03-CA SIGN CODE AMENDMENT COMPREHENSIVE PLAN AMENDMENT COMPREHENSIVE LAND USE PLAN AMENDMENT SIGN CODE AMENDMENT TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING April 27, 1982 Page,2 OLD BUSINESS - Contd. Prop. Ord. - Lic. fees for amuse- ment centers, owners & devices - contd. Council position on Pro Parks bond issue & address regional & local share allocations as presently prop. Rev. Sign Code - TMC Title 19. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE PUT IN THE COMMUNITY AFFAIRS COMMITTEE UNTIL TIME FOR THE PUBLIC HEARING. MOTION CARRIED, WITH DUFFIE AND BAUCH VOTING NO. Don Williams, Director of Parks and Recreation, said the Council should solidify a position with regard to the Pro -Parks bond issue as a whole, then address the regional and local share allocations as they are presently proposed. If either share should be adjusted, the Council should develop a plan to influence the County Council to make an adjustment(s). He said he could attend any meetings and present facts and figures. If the bond issue passes as it is written, Tukwila will receive $285,000. They should receive a minimum of $735,500. An adjustment should be made because of the difference in the population of Tukwila and the daytime work population. It appears that this information has not been passed on. MOVED BY BAUCH, SECONDED BY HARRIS, THAT TUKWILA CITY COUNCIL OPPOSE THE PRO -PARKS PROPOSAL. * MOVED BY HILL, SECONDED BY DUFFIE, TO AMEND THE MOTION STATING TUKWILA CITY COUNCIL IS AGAINST PRO -PARKS PROPOSAL IN ITS PRESENT METHOD OF DISTRIBUTION OF THE LOCAL FUNDS. MOTION CARRIED. *MOTION CARRIED, AS AMENDED. Chairman Van Dusen.suggested Don Williams and two or three Council Members attend the public hearings and express the concern of Tukwila. Don Williams said a letter from the Mayor and City Council President stating Tukwila's stand would be useful. Councilman Phelps suggested the Tukwila Chamber of Commerce furnish input and attend the Public Hearings with the City Council Members. Brad Collins, Director of Planning, gave background information on the revised sign code, stating Draft No. 4 is being considered at this meeting. The Planning Commission has reviewed the draft in two or three meetings.They reviewed the work of the Sign Committee and made some changes. It has now been sent to the City Council for action. It is scheduled for a public hearing and adoption on May 18, 1982. The sign code can be adopted as revised; the time limit can be extended on the latest amendment; or we can keep the existing code and enforce it. Mr. Collins said Section 19.28.030 (Prohibited Signs and Devices, Nonconforming Signs) does not include a definition of "Nuisances." There may be some questions regarding Section 19.32.140, .150, .160, and .180. Another area for consideration is Section 19.12.060. (Criteria for. Granting Variances). Section 19.22.020 (Content Res =: tricted), the internal information signs are permitted to promote identification rather than advertising. Modest changes were made in Section 19.28.010. Much of the legal research revolved around regular billboards. Proposed changes provide for a ban on national billboards, advertisements without violation of the rights of free speech. Mr. Collins said he recommended the revision be approved following the Public Hearing on May.18, 1982. He wanted to know if there are issues the City Council wants worked on prior to the Public Hearing. . Richard Kirsop, Chairman of the Planning Commission, said the code has had enforcement problems and the City has been due for a change in the sign code. He recommended the City Council accept the revised edition. One issue is the billboard problem. The old code prohibited it. The revision has only partially addressed the billboard issue. Ron Mikulski, member of the Sign Code Revision Technical Committee, said internal information signs should be permitted so people entering a building would know where to go. Billboards are an excellent advertising vehicle and there are areas that are suitable TUKWILA CITY COUNCIL COMMIT(_ OF THE WHOLE MEETING APRIL 27, 1982 Page 3 OLD BUSINESS - Contd. Rev. Sign Code - TMC Title 19 - contd. RECESS 9:20 - 9:30 P.M. for billboards, but they should be regulated. He suggested free- standing signs be set back as far as they are high. They should be limited to a height versus height of building it represents. If there are electronic signs giving the time, date, and weather it should be able to tell the name of the business offering the informa- tion. Mr. Mikulski said.in his building, the Solly Building, there are internal signs on the first floor. They would like to put in gold letters the offices on each floor. Steve Hanson, Director of Community Relations, Ackerley Communications, Inc., said his company is interested in outdoor advertising. He did not agree with the proposed revision as it will impact the community and the Council is legislating against the community. Outdoor advertising provides benefits. He outdoor advertising, on- premise signs and the services they provide. He proposed a change to Section 19.32.040. to specify :. Billboards not exceed 300 square . feet in area; billboards be allowed only along the following avenues: 180th, Valley Highway, and.Interurban north of the I -5 interchange; • all billboards shall be of single -post construction; shall be spaced not less than 500 feet apart on the same side of the street; billboards shall be set back not less than 15 feet from the public right -of -way. He distributed a brochure to members of the City Council illustrating some of the signs made by his company and their use. Chairman Van Dusen called for a five minute recess. The Committee of the Whole Meeting was called back to order by Chairman Van Dusen, with Council Members present as previously listed. Brad Collins, Director of Planning, said the ideas presented by Mr. Hanson have been heard by the Planning Commission and /or the Staff and have been given consideration. Mr. Collins referred to Page 21, Section 19.28.030 (Nonconforming Signs) and said if a site were developed on Interurban it would be his recommendation that.the billboard be brought down. He said he did not know the answer if there 1s a change in the lease arrangement on a building. Councilman Bauch asked if (A) of Section 19.28.030 could say: "If the tenant changes, the sign comes down." City Attorney Hard said that might be reasonable. Chairman Van Dusen suggested addressing the rest of the issues and leave billboards for the next discussion. Councilman Phelps referred to Page 8, Paragraph (G),and said reference is made to the 1971 edition. Reference should be to the current edition, On Page 10, Section 19.12.110 what is the abatement procedure for that Section? Mr. Collins said it is his understanding that it is subject to abatement procedures. It is taken care of in Section 19.12.110(B) which says the Planning Director may order the removal of any sign that is not maintained in a safe and orderly condition. Section 19.28.040 can also be used. referred to Councilman Phelps : Page 14, Pa (C), Section 19.20.020, and asked if agreement does not exist, then what? Mr. Collins said this would. be considered as legally nonconforming. Councilman Bauch said in the past it has been alleged that the signs of the City Hall were illegal. Mr. Collins said this is covered in Section 19.32.060, .080, .100. Councilman Harris said she thought animated signs were not legal. City Attorney Hard said that is covered on Page 20, Section 19.28.010(C) MOVED BY BAUCH, SECONDED BY HARRIS, THAT ITEM (P) BE ADDED TO SECTION 19.12.050 STATING: "SIGNS OF GOVERNMENTAL BUILDINGS." MOTION FAILED, WITH DUFFIE, HILL, PHELPS VOTING NO; BAUCH, HARRIS, VAN DUSEN VOTING YES. TUKWILA CITY COUNCIL CO TTEE OF THE WHOLE MEETING April 27, 1982 . Page'4 OLD BUSINESS - Contd. Rev. Sign Code - TMC Title 19 - contd. ADJOURNMENT 10:15 P.M. COUNCILMAN DUFFIE LEFT THE MEETING AT 9:55 P.M. ' (o Chairman Van Dusen referred to Page 16, Section 19.22.020, and stated the object of a permit is to see that the sign conforms. The City should have to conform to the same requirements as the public. MOVED BY HILL, SECONDED BY PHELPS, THAT THE REVISED SIGN CODE BE ON THE AGENDA OF THE NEXT COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED. MOVED BY BAUCH, SECONDED BY HILL, THAT THE COMMITTEE OF THE WHOLE MEETING ADJOURN. MOTION CARRIED. Chairman Gary Van Dusen • Nordta Booher, Recording Secretary AGENDA ITEM MC /blk CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT Sign Code Revision, Section 19.32.140 At the Planning Commission's meeting of 28 January 1982, Norman Seethoff, a business community representative of the Sign Code Revision Technical Committee presented two graphic illustrations of the tabular formulas and setback area bonus provisions of Section 19.32.140 and an alternative formula for C -P zone sign allocations. We have examined this material (labeled Southcenter Exhibits X & Y) as requested and offer the following comments: 1) Regarding Exhibit X, the intent is to illustrate the extreme degree of bonus display surface provided in the code by allowing additional area for increases in minimum setback distance. We believe that Exhibit is in error, though, as it illustrates 100% increases in sign area for each doubling of setback distance. Staff Exhibit "A" depicts 50% increases for each doubling of minimum setback requirements, as the wording of the draft sign code provides. 2) At your direction during the January meeting, the phrase "in no case shall sign areas exceed those specified in Table Two" was added to the end of paragraph "A" following Table One. The amount of deviation from "Table -Two" limits is depicted in the cross- hatched area of Exhibit A, and is considerably less than that shown by the erroneous interpretation of Exhibit X. 3) Table Two in Section 19.32.150 was designed to recognize the larger scale of signing required to serve regional shopping centers. Exhibit Y is intended to illustrate, though, that the current formula is not logarithmic at its lower end and is there- fore not logical. It also illustrates that vis -a -vis current signing displayed at Southcenter, the proposed Table two formula is more generous than necessary. Accordingly, an alternative recommendation of a straight geometric six (6) percent allocation method is suggested. Note how this line is positioned relative to the setback bonus concept depicted on staff Exhibit "A "; the curbes are much closer in agreement. We suggest further review of Table Two at your meeting and possible sub- stitution of the percentage method or a variation thereof. C Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING Audrey DeJoie oath, deposes and says that $... P.. is the of ;k THE DAILY RECORD CHRONICLE, a newspaper published six (6) times a week. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a newspaper published four (4) times a week in Kent King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Daily Record Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to -wit, King County, Washington. That the annexed i s a Ordinance No. 1257 VN #87 Revised 5/82 T1758 ss. as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of consecutive issues, commencing on the .3X'43.. day of Ma31' ,19 ... 62.., and ending the 2 rddayof May ,19...82, both dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of S..2.7.. 7, hich has been paid in full at the rate of per folio of one hundred words or the first insertion and per folio of one hundred words for each subsequent insertion. Subscribed and sworn to before me this 23rd day of May , 19...8.2 being first duly sworn on Chief Clerk Notary Public in a/(�'for the State of Washington, esiding at gtt, King County. Federal Way — Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th, 1955. — Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. cu-o-to 4:25115i tiO2 - NoLkosternst ° —" • C 4 'germ 4r-d4A v-?;11 g:74VS I �' �i" . ; • - - _ . • i ; • ' 1 1 ; 1 . -1. • . . 1 , • :. -4 ....1 . ' 4 --y 2, ti 90-V j N ( ka 00 °9 0066 00015 0 Me 004 000 / 11 , 1 , 4 *K i.Loos Q 0 ogow 0083/ oo/ otlaZI • 4, • o0 99 : 0€5 004 oevo/ l4 021,15 01464 0 no Oh 1 STATE OF WASHINGTON COUNTY OF KING Audrey DeJoio ss. being firs oath, deposes and says that .6 lad.. is the THE DAILY RECORD CHRONICLE, a newspaper publishes week. That said newspaper is a legal newspaper and it is no for more than six months prior to the date of publicatic printed and published in the English language continually t published four (4) times a week in Kent, King County, Wash; now and during all of said time was printed in an office ma aforesaid place of publication of said newspaper. That tht Chronicle has been approved as a legal newspaper by order Court of the County in which it is published, to -wit, King CITY OF TUKWILA Washington. That the annexed is WASHINGTON ORDINANCE NO. 1274 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON ADOPTING A REVISED CODE FOR THE REGULATION OF not in supplement form of said SIGN, AMENDING ORDI- NANCE 773 AND REPEAL- ING. ORDINANCES 846, 919, 982, 1149, 1175, 1214, of ], 1257, and 1261. • WHEREAS, the statutory provisions of Washington .3 day of Octo State - Law authorizes the City of Tukwila to adopt and effectuate reasonable'regu- lations to protect the health ,3Y7.d., day of Q �•Q!✓ and safety of persons within inclusive, and that such newsp the community, and scribers during all of said pe WHEREAS, the City council has determined that charged for the foregoing put the establishment of stan - has been paid in full at the rate lords and guidelines for the first insertion and per folio display of visual insertion. cation devices is essential to `enhance safety of city streets by minimizing clutter and distraction, and ` WHERASS, there have been substantial changes In 'Physical development and community values in the City 'since adoption of the first Subscribed and sworn to before `sign code in 1973, and WHEREAS, sty has be- October , 1982... dais come apparent a om City �- comprehensive review of sign regulations was required, and Notary I WHEREAS, on May 19, 1982, the City Council ap- proved a time line for com- - pletion of a study and recom- mendation for amendment — Passed by the Legislature, l! of the sign code, and 9th, 1955. WHEREAS, a sign code revision technical committee — Western Union Telegraph ( composed of members of adopted by the newspapers the local business communi- ty„ citizens and staff was vrl N 87 Revised 5/82 Public Notice established by the Mayor With . council ' consent, and met regularly through the fall of 1481 in order to examine the existing sign code sys- tematically and draft recom- Affidavit of Publicatie: ,d odifications , '.'WH the recom- mendations of the sign code revision technical committee were reviewed by the Plan - , ning Commission at their regular meetings of January and . February, 1982, and .their ,recommendations transmitted to the City Coun- cil, and WHEREAS, the City Council held a number of ; review.sesslons on the draft .sign code revisions which. culminated in a formal public: hearing on May 11, 1982, and WHEREAS, based on the recommendations. of 'th sign code revision technical.' committee, the Planning' Commission, City Staff,' presentatives of the sign' industry, and business com- munity and public..com -. ments, and other informa- tion provided during the course of preparation and review of the draft sign code, the City Council has deter- mined that it is in the best interests of the citizens and property owners of the City of Tukwila that a revised sign code be adopted, and WHEREAS, a. SEPA threshold determination has been conducted and 'a de - claration of Non - significance has been approved by the responsible official ' NOW, THEREFORE, THE CITY . COUNCIL OF THE CITY OF TUKWILA WASHINGTON, DO.OR - DAIN AS FOLLOWS: .. Section 1. Ordinance No. 773 is lierebir amended as the new sign regula- tion for the •City as set forth in Exhibit A of this ordinance. Section 2. Ordinance • Nos. 846, 919, 982, 1149; 1175, 1214, 1256; • ' and 1281 are • hereby • repealed. Section 3. The provl- 'sions of this ordinance are declared to be sepa- rate and severable. 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 validi- ty of the remainder of this • ordinance .or the validity of its application to other persons, or circumst- ances. • • :.SSED -BY. ,THE .CITY COUNCIL OF- THE CITY OF TUKWILA, WASHINGTON, at.a regular meeting thereof this 20th day of September, 1982. EXHIBIT "A" AVAILABLE AT CITY CLERK'S OFFICE. 35k12.130 Mayor ,Van i 'rablic Notice : . Public Notice Duren`eFcted.to not, sign,' this ordinance. It becomes valid after ten days without his approval. y .. , Maxine Anderson City Clerk; Published in the Daily cord Chronicls October-. 3, • 1982. 3rd STATE OF WASHINGTON COUNTY OF KING Affidavit of Publicatio ss. Audrey DeJoie d being first duly sworn o1 oath, deposes and says that .ale.. is the ...abief...Clark of THE DAILY RECORD CHRONICLE, a newspaper published six (6) times a week. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a newspaper published four (4) times a week in Kent, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Daily Record Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to -wit, King County, Washington. That the annexed is a Ordinance No • 1274 T as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of 1, consecutive issues, commencing on the day of October , 19 ...32.., and ending the 3Vd..dayof QCt.Qbe.Y.' ,1982..., both dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of 55i1 Q which has been paid in full at the rate of per folio of one hundred words for the first insertion and per folio of one hundred words for each subsequent insertion. VN #87 Revised 5/82 Subscribed and sworn to before me this 6th October , 1982... ....Chi.e.f...Clerk day of Notary Public in and for the S Sate of Washington, residing at fit, King County. — Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th, 1955. — Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. Audrey DeJoie oath, deposes and says that s is the chief clerk of THE DAILY RECORD CHRONICLE, a newspaper published six (6) times a week. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a newspaper published four (4) times a week in Kent, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Daily Record Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to -wit, King County, T1 being first duly sworn on Washington. That the annexed is a .... Qx '.di1'a21Ge...at7.•...1261 as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of consecutive issues, commencing on the let day of July et day of July ,19 $ both dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $..26.•.28vhich has been paid in full at the rate of per folio of one hundred words for the first insertion and per folio of one hundred words for each subsequent insertion. Subscribed'and sworn to before me this July ..., 19 e2, and ending the 2.? 7 .d.1 Chief Clerk 1st day of VN #87 Revised 5182 19 Notary Public in an for the State of Washington, siding at kek King County. — Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th, 1955. — Western Union Telegraph Co. rules for counting words and figures, adopted by the;newspapers of the State. 4 i1 �� 4 L "i��}i1�IR,� ` *n3 `$ EtrtlON bIc • t 126t'' ' � .�. q!; 'NIKf�ICE %NO :., s s r r .t': {.; �u4UMl t0:NOWfTHEPEFO 4THE pyre `coutionlVr s"tt yi N#MON3TONi{ i110 Mt�1 ;.' y1973frpf - . ��1A���KiCttkl�N � v r coiilliidr011t ,; u,1 ; 1 -x F.'�4�'.c''i:ati :i Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. Audrey ..D .Joie being first duly sworn on oath, deposes and says that she is the Chi ei elm of THE DAILY RECORD CHRONICLE, a newspaper published six (6) times a week. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a newspaper published four (4) times a week in Kent, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Daily Record Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to -wit, King County, Notice of Public Washington. That the annexed is a Hearing T1742 as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of .1 consecutive issues, commencing on the 23Y.'.d... day of April ,19 ....82, and ending the ..23rday of ,19. 2., both dates inclusive, and that such newspaper was regularly distributed to its sub - scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $ 122' 60which has been paid in full at the rate of per folio of one hundred words for the first insertion and per folio of one hundred words for each subsequent insertion. V.P.C. Form No. 87 Rev. 7-79 . 1982 Chief Clerk - Subscribed and sworn to before me this 28th day of Notary Public in and the State of Washington, residing at7(SF t, King County. Federal W Passed by the Legisiature, 1955, known as Senate Bill 281, effective June 9th, 1955, Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. ,9)f) nu . A 4 sy City of Tukwila o Z 6200 Southcenter Boulevard K i9os . Tukwila Washington 98188 Frank Todd, Mayor MEMORANDUM TO: Brad Collins, Planning Director FROM: Mark Caughey, Associate Planner DATE: 29 June 1982 SUBJECT: Signing for Sioppi ng Centers (Mall), Planned As a follow -up to our recent discussions on signing needs for multi - tenant shopping centers in Tukwila, we have developed a series of altern- ative approaches for consideration by the Council as a re -draft of Section 19.32.150. A common assumption underlying each alternative is that shopping centers (mall), planned are no longer confined exclusively to the "C -P" zoning district, consistent with the provisions of the new zoning code. Likewise, the previously undefined term "Planned Business Center" has been eliminated in favor of the zoning code's shopping center definition. The specific motivation behind reexamining this section of the revised sign code is the apparent need to recognize the developing Pavilion Outlet Center project as a planned shopping center with signing needs similar to those of Southcenter Mall. Following each alternative, therefore, is an illustration of its potential affect on the project's exterior signing. Alternative 1: Original sign code language (sign size allotment to be determined by the Planning Commission) V. Shopping Centers (Mall), Planned 19.32.150 Building identification signs -- displays. Buildings on the perimeter of the reg ena4 planned, shopping center (mall) site shall have signing which conforms with Section 19.32.140. Identification signs for the center as a whole shall have an aggregate area of not more than three hundred square feet per street which abuts the development, and no one sign shall contain more than fifty percent of the allowable sign area; the height of the larger pylon or sign shall not exceed ninety feet. Signing on shopping center buildings proper shall be submitted for approval of the Planning Commission. Nonrolling equipment and merchandise must be displayed from within buildings or within glass fronted cases, except in connection with temporary commercial, industrial or public service displays. Page -2- Brad Collins, Planni( Director 29 June 1982 It Alternative 2: Existing draft 5 recommendation (6% of exposed building face, 500 fp maximum; twe four such signs per business) V. Shopping Center (Mall), Planned 19.32.150 Building identification signs - displays. Businesses in a shopping center (mall, planned efall be allowed signing equal to six - percent of the exposed building face area on which the sign is to be placed, up to a maximum to 500 square feet, with a maximum of twe four such signs allowed per business and not more than one sign for any parts uc lar business allowed on any one exposed building face. Businesses located on the perimeter of a planned business centerin detached, separate buildings shall be allowed freestanding signs per Section 19.32.140(C). Identi.fi.cation signs for the center as a whole shall have an aggregate area of not more than three hundred square feet per street which abuts the development, and no one sign shall contain more than fifty percent of the allowable sign area, unless approved by the Planning Commission. The height of a pylon sign shall not exceed ninety feet. Nonrolling equipment and merchandise must be displayed from within buildings or glass- fronted cases, except in connection with a temporary commercial, industrial or public service display, Comment: The "six percent" alternative which is before the Council as a current recommendation was suggested as a means of counteracting the affect of the "old" sign code which rendered many of the Page -3- Brad Collins, Planni- Director 29 June 1982 wall signs in Southcenter non - conforming. The Sign Code Revision Technical Committee agreed to view the present signing configuration at Southcenter as an appropriate community standard, due to the center's extensive setback relative to its apparent bulk. The six - percent allocation was determined graphically to accomodate most of Southcenter's existing sign program, and with the 500 maximum, was found to be reasonably in scale. Under this alternative, the Pavilion Outlet Center would be entitled to 160 + of sign area on its westerly face. Alternative 3: Redefinition of exposed building face (to include part or ail of pitched -roof element) V. Shopping Center (Mall), Planned 19.32.150 Building identification signs -- displays. (Language unchanged from alternative two. However, the wording of 19.08.050 defining exposed building face must be changed to include sign area calcula- tion credit for a pitched -roof element above a building wall on which a sign is to be placed :) 19.08.050 Exposed Building Face. Exposed building face shall mean that portion of the building exterior wall, or tenant space wall area of the building, together with (one -half) the (entire) verticle distance between eaves and ridge of a pitched roof above it used for sign area calculation purposes as provided below: 1) That portion fronting on the principal public street from which the building has access or, 2) That portion which fronts on a private improved vehicle.access corridor or, 3) That portion wherein the principal public entrance to an individual tenant space within a multi- tenant building is located. 274 tp sii Page -4- a Brad Collins, Plannjr- Director 29 June 1982 Comment: Under the third alternative, the Pavilion project would be entitled to 247c0 or 334 f of allocated sign area depending on the extent to which they are allowed exposed building face area credit for their pitched roof. The preceding definition has been worded to provide for either full or half credit. The half - credit option is suggested for consistency with the Uniform Building Code and zoning code definitions of building height which are measured to the verticle mid -point of a pitched roof. The intent in allowing credit for the roof element is to recognize the part it plays in the visual definition of the background wall area on which a sign is placed. Alternative 4: Hybrid of previous alternatives (6% basic limit with additional allocation by Planning Commission for setback or pitched roof) V. Shopping Center (Mall), Planned 19.32.150 Building identification -- displays. Businesses in a _planned shopping center (mall) shall be allowed signing equal to six percent of the exposed building face area on which the sign is to be placed to a maximum of 500 square feet. The Planning Commission may allocate additional sign area for a particular business when the exposed building face on which such an expanded sign area is to be placed is set back beyond the minimum requirements of the zoning district in which it is located, and when the exposed building face incorporates the use of a pitched roof element. A maximum of two such signs shall be allowed per business and not more than one sign for any particular business shall be allowed on any one exposed building face. Businesses located on the perimeter of a planned business center in detached, separate buildings shall be allowed freestanding signs per Section 19.32.140(C). Identification signs for the center as a whole shall have an aggregate area of not more than three hundred square feet per street which abuts the development, and no one sign shall contain more than fifty percent of the allowable sign area, unless approved by the Planning Commission. The height of a pylon and sign shall not exceed ninety feet. Nonrolling equipment and merchandise must be displayed from within buildings or glass- fronted cases, except in connection with a temporary commercial, industrial or public service display. L '• I ? Pu►►4+wi e ° cohW SSOW MEMORANDUM DATE: April 27, 1982 TO: City of Tukwila City Council FROM: Steve Hanson, Director of Community Relations Ackerley Communications, Inc. SUBJECT: Proposed Sign Code Revision - Section 19.32.040 In order to fully comply with the stated intentions of the Tukwila Planning Department to allow limited billboard usage, we submit the following proposal to change Section 19.32.040 to specify: 1. Billboards shall not exceed 300 square feet in area 2. Billboards shall be allowed only along the following avenues: 180th, Valley Highway, and Interurban north of the 1-5 inter- change 3. All billboards shall be of single-post construction 4. All billboards shall be spaced not less than 500 feet apart on the same side of the street 5. Billboards shall be set back not less than 15 feet from the public right of way 6, No 7hvi a■X rn fT 1,7#4,10 i.te ego TRI -LAND CORPORATION SUITE 1170, 141144h AVENUE SEATTLE, WASHINGTON 10101 (7011 4117•TMO Mr. L. C. Bohrer, President Tukwila City Council 6200 Southcenter Boulevard Tukwila, Washington 98188 Re: Proposed Sign Code Revision Dear Bud: JJL /ea cc: Mayor Frank Todd April 26, 1982 As the City Council deliberates the Revised Sign Code proposed by the Sign Code Revision Technical Committee in cooperation with the Tukwila Planning Department, I urge reconsideration of the continued gross restrictions placed on the use of billboards within Tukwila City limits. Title 19.32.040 of the proposed code,in effect, continues the prohibition of billboards. Representatives of the Outdoor Advertising Industry have made presentations to the Committee on the reasonableness of the medium of bill - board advertising. The Outdoor Advertising Industry understands the desire and concern for the esthetic enhancement for the total community. Their voluntary proposal to limit the placing of standard-size billboards to three specific non - residential areas and following state regulations on the spacing of them in those specific areas is worthy of favorable consideration by the Council. I join in urging the Council's reconsideration of this particular section of the Revised Sign Code allowing controlled "standard size" billboards in high traffic areas of the City - -other than just in M -2 zoning. Cordially, TRI- CORP7ON Jack Link, President CITY OF TUKWILA REVISED SIGN CODE- -TITLE 19 DRAFT FOUR Apri l: X2,•_1982 Prepared by the Sign Code Revision Technical Committee in Cooperation With The Tukwila Planning Department: Wynn Anderson, Citizen Representative Jerry Knudson, Citizen Representative Ron Mikulski, Business Representative Phyllis Pesicka, Citizen Representative Norman Seethoff, Business Representative Brad Collins, Planning Director AZ Pieper Building 'Official Mark Caughey, Associate Planner Becky Kent, Secretary Special Assistance Provided by: Lawrence E. Hard, City Attorney Fred Satterstrom;Project Planner Julie Straight, Clerk- Typist 3.J 19.04 2 Z9.04.020 Z9.04.030 29.04.040 19.08 19.08.010 29.08.020 19.08.030 29.08.040 19.08.050 Z9.08.060 19.08.070 29.08.080 19.08.090 29.08. Z00 29.08.110 19.08. Z20 19.08. 130 29.08. Z40 19.08.150 29.08. Z60 19.08.170 Z9.08.180 29.08. Z90 19.08.200 19.08.210 29.08.220 Z9.08.230 19.12 19. 12.010 Z9. 22.020 Z9. 22.030 19.12.040 Z9. 22.050 19.12.060 29.22.070 19.12.080 Z9. 22.090 19.12.100 Z9. Z2. ZZO Z9. Z2. Z20 19.12.130 19.16 1(9. Z6.010 19.16.020 GENERAL PROVISIONS Title Purposes liability for Damages Severability Clause TITLE 19 - -SIGN CODE INDEX DEFINITIONS Generally Animated Sign Area and Background Area Billboard Exposed Building Face Freestanding Sign Freeway Interchange Sign Glare Height Internal Information Sign Off- Premise Sign On- Premise Sign ; :Permanent Sign Portable Sign Real Estate Sign Real Estate Directional Sign. Shared Directional Sign Sign Temporary Sign Traffic Marking Traffic Sign Uniform Building Code Unique Sign PERMITS Required Application Procedure Application for Permanent Sign -- Contents Application -- Rejection - - Appeal Exceptions -- Permits not Required Criteria for Granting Variances Fees -- Permanent Signs Fees -- Temporary Signs Fees - -Work Started Prior to Permit Issuance Fees -- Public Hearing Maintenance & Removal of Signs Special Permit Signs and Displays Revocation DESIGN AND CONSTRUCTION Conformance to Building Code Required Exposed Surfaces -- Appearance PAGE 1 1 1 1 2 2 2 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 4 5 5 6 6 6 7 7 8 9 ZO ZO Z0 Z0 ZO ZO ZZ ZZ Z9.Z6.030 Glare Prevention Required ZZ 19.16.040 Wall- Mounted Signs ZZ 19.16.050 Signs near Intersection or Visible From Vehicles Z2 Z9.Z6.060 Supports to Conform to Building Code Z2 19.16.070 Materials Z2 Z9.Z6.080 Electrical Wiring Z2 19.16.090 Combustible Materials Displays ' Z2 Z9. Z6. Z00 4 nchorage Z3 19.20 SIGNS ON OR OVER PUBLIC RIGHTS OF WAY Z9.20.0Z0 Projections Over Public Right -of -Way Z4 Z9.20.020 Signs on Public Right -of -Way Z4 Z9.20.030 Permits Revocable Z4 Z9.20.040 Hold- Harmless Agreement ZS 19.22 INTERNAL INFORMATION SIGNS 19.22.010 Permit Required -- Conformance Z6 Z9.22.020 Content Restricted Z6 Z9.22.030 Wall- Mounted Signs -- Restrictions Z6 19.22.040 Freestanding Signs -- Restrictions Z6 19.24 TEMPORARY SIGNS 19.24.010 Area Restrictions- -Time Limit Z8 Z9.24.020 Cloth Signs -- Support Z8 Z9.24.030 Cloth Signs -- Projections Z8 Z9.24.040 Cloth Signs -- Clearance Z8 Z9.24.050 Real Estate Directional Signs Z8 Z9.24.060 Sign Identification Z9 19.28 PROHIBITED SIGNS AND DEVICES 19.28.010 Designated 20 19.28.020 Unauthorized Signs Over Public Right -of- Way -- Removal 2Z Z9.28.030 Nonconforming Signs 2Z 29.28.040 Closure and Vacation of Business - -Time Limit for 2Z Sign Removal 19.32 •REGULATIONS BASED ON LAND USE CATEGORIES 19.32.010 Generally 23 19.32.020 Shared Directional Signs 23 Z9.32.030 Signs in Underground Utility Easements and Corridors 23 19.32.040 Billboards- -Area Restrictions 23 19.32.050 Exposed Neon Tubing- -Use Restricted 24 Z9.32.060 Freestanding Signs -- Proximity to Certain Zones 24 29.32.070 Freestanding Signs -- Setback 24 Single Family Zones 19.32.080 Home Occupation Signs -- Church, School, 24 Public .Facilitzj, and Approved C onditional Use Signs 11 19.32.090 19.32. Z00 Z9.32.110 29.32. Z20 19.32.130 19.32.140 19.32.150 29.32. Z60 29.32. Z70 19.32. Z80 19.36 19.36.010 Z9.36.020 C C Multiple Family Zones Where Signs Will Face Sing Ze .Family . Zones or Parks. 24 Where Signs Will Face Other Multiple Family or Commercial 24 or Industrial Zones Multiple Family Development Commercial Zones Where Signs Will Face or Abut Single. • Family Zones Where Signs Will Face or Abut Multiple Family Zones or Public Facilities Commercial Zones Where Signs WiZZ Face or Abut Other Commercial or Industrial Zones Except as Provided in Sections 29.32.150 -280 Inclusive Planned Business Centers Building Identification Signs -- Displays Service Stations Surrounded by Industrial or Commercial Zones Industrial Zones Permitted Signs - - Height Freeway Interchange Businesses Freestanding Signs -- Height and Area Allowance PENALTIES Penalty for Violations Enforcing Authority iii 25 .. 25 25 26 28 29 30 30 32. 31 Sections: 19.04.010 Title 19.04.020 Purposes 19.04.030 Liability for Damages 19.04.040 Severability Clause CHAPTER 19.04 GENERAL PROVISIONS 19.04.010 Title. This title shall be hereinafter known as the "Tukwila Sign Code "; it may be cited as such and will be hereinafter referred to as "this code:" 19.04.020 Purposes. The purposes of this code are: (A) To establish standards and guidelines for the design, erection and installation of signs and other visual communication devices so that the streets of Tukwila may appear orderrly safety may be increased by redeetien -e€ minimizing clutter and distraction. (a)To establish administrative procedures for the implementation of this code. .. (C)To assure that the regulations of this code are not intended to permit any violation of the provisions of any other applicable federal, state or local regulation. 19.04.030 Liability for Damages. Th4s- eerie- shal4- Ret- be- eeRstrwed- te- re4i.eve er- lessen - the- pespeRS}4}}}ty -ef-aRy -p a14eR4Rg-eeRstFwe- Ong- er- eev4Rg- aRy- s4gR- 4be- e4ty- €er- daeages -we- any epe- 4Rjured -er- damaged- wisher tR- perseR- er- 4R- sreperty -by- aRy - defect- 1;bepe4R#- Rep- sha ; ;- i;be- e4ty -ep- aRy -agent theree € -be- held- as- assumtRg- such- li.abl4ty- by- reaseR- a €- peRm4t- ep- 4Rspeet4eR auth epi-aed- bere4R- ep- a- eert4f *eate- ef- *Rspeet * eR -by- the- e4ty -er- aRy - a € - s ageRts.Nothing in this code shall relieve any person, corporation, firm or en- tit from ressonsibilit for damases to an other •erson sufferin' sh sical in- jury or .amage to property as a resu t o t e insta ation, lisp ay, main- tenance or removal of any sign authorized under this code. The Cit' of Tukwila and its employees and officials shall assume no liability for such injury or dams e:resultine from the authorization of any permit or inspection implement- ing t e provisions of t his code. 19.04.040 Severability Clause. If any section, sub - section, clause or phrase of this code is for any reason held to be unconstitutional, such deci- sion shall not affect the validity of the remaining portions of this code. 1 19.04.010 - 19.04.040 Sections: 19.08.010 19.08.020 19.08.030 19.08.040 19.08.050 19.08.060 19.08.070 19.08.080 19.08.090 19.08.100 19.08.110 19.08.120 19.08.130 19.08.140 •19.08.150 19.08.160 19.08.170 19.08.180 19.08.190 19.08.200 19.08.210 19.08.220 19.08.230 19.08.010 Generally. set out in this chapter. CHAPTER 19.08 DEFINITIONS Generally Animated Signs Area and Background Area Billboard 14144d4H9- Faeade- Fae4ng Exposed Building Face Freestanding Sign Freeway Interchange Sign Glare Height Internal Informational Sign Off-premise Sign On- premise Sign Permanent Sign Portable Sign Real Estate Sign Real Estate Directional Sign Shared Directional Sign Sign Temporary Sign Traffic Marking Wider-Marquee-64p Traffic Sign Uniform Building Code Unique Sign Special words used in this t4ble 19.08.020 Animated Sign. Animated sign means any sign or portion of which physically moves, including rotation.or on which lettering or figures appear to move due to flashing lights. (However, changes in background or border lighting which occur at a rate of no more than ten times per minute and which utilize lamps of no more than fifteen watts are classified as non - animated portions of signs.) 19.08.030 Area and Background Area. Area and background area means the entire face of a sign or panel upon which copy or insignia may be placed. Where 19.08.010 - code shall be defined as 19.08.040 - 19.08.100 separate letters or shapes are used, the sign area shall be that encompassed by drawing lines at the extremities of the shapes to be used. When - signs- are -net meuRted -eR -the -€ ace- ef- a- bui4d *Rg;- er -wal47 -the- area -e €- each - exposed- €ace -shall be- added- te- determ4ne -the- area - a €- a -s4gR. 19.08.040 Billboard. Billboard means an- en- er- eff- prem4se sign or vis- ual d *sp4ay communication device whose principal use is the advertising or promotion of a service or product normally available in the general market area, but not for sale or rent on the immediate premises. 19-A8:A5A--Bu41d4Rg- Facade- Faei-Rg:- Bui4d *Rg- €aeade- fae4Rg- means- a- resur- fae4Rg-ef-aR-ex}st}Rg-er-eensi:reet4eR-ef-a- pew-€ aeade- w}th- a- appreved- mater4a -- 44}emi.Rated- er- ReR- 4.}}um* Rated - €er- purposes- ef- previdiRg -a- sign- baekgreund • 19.08.050 Exposed Building Face. Exposed building face shall mean that portion of the building exterior wall or tenant space wall area of the building used for sign area calculation purposes as provided below: a) That portion of the building wall fronting on the principal public street from which the building has access or, b) That portion of the building wall which fronts on the private improved vehicle access corridor or c) That portion of the building wall wherein the prin- cipal public entrance to an individual tenant space within a multi - tenant building is located. 19.08•.060 Freestanding Sign. Freestanding sign means a sign installed on a permanent foundation, not attached to a building or other structure. 19.08.070 Freeway Interchange Sign. Freeway interchange sign means a sign located within the areas designated on Exhibit A of this code and situ- ated within a radius of 1000' from the entry /exit point of intersection with a p ublic street or roadwa and located within a commercial or industrial zone but not seperated •y a p yslca •arrier from t e entry exit intersection. he freeway interchange sign shall identify businesses such as eating, lodging or service station facilities which serve the traveling public. 19.08.080. Glare. Glare means the creation of an intense relative bright- ness exceeding 250 foot - lamberts which causes difficulty in the observation of the general area around the sign. 19.08.090 Height. Height means the distance measured from grade uRless- atherw0se- des4gn aced - to -tNe- tops a € -the- sign -er- structure the lowest point of elevation of the ground between the top of the sign and a point five feet dis- tant from said sign or the lowest point of elevation of the finished surface of t o ground .etween t o top o t e sign an t o proper +, i it is ess t an five feet distant from said sign. 19.08.100 Internal Information Sign. 4a4 Internal information signs means a sign which gives directional information or identifies specific use areas and which are necessary to maintain the orderly internal use of the premises, such as those signs which identify employee parking, shipping, clearance or which restrict 3 19.08.110 - 19.08.200 iii- iglieseil-te- mere -dept *#' eai; *en -ef - Taeeess ingress and egress. Not included in this de finition are signs which are not directly - related to an identified need for or- derly internal use of the property and off- premise or portable signs. 0h4- deep- appl4eat*en the- P4ann *ng- 6emm4ss *ee- may- auther4ae- a s - wh 4 0 w}}}- peso; ve- a- leeat* emal- er- traff *e- baaard- pwehlem: - -Sueh - s4gn- mest- eemply -w4th al4- the- regu4a0eps- establ4sbed 4n- 6Mapter- 49:22= 19.08.110 Off- Premise Sign. Off- premise sign means any sign which can- not be classified as an on- premise sign as described in section 19.08.120. 19.08.120 On- Premise Sign. On- premise sign means a sign which displays only advertising copy specifically- related to the primary lawful use of the pre- mise on which it is located, including signs or sign devices indicating the busi- ness transacted at, services rendered, goods sold or produced on the immediate premise, name of the business, person, firm or corporation occupying the premise including signs with adjustable copy known as readerboards. 19.08.130 Permanent Sign. Permanent sign means any sign which is erected without a restriction on the time period allowed for its display as specified in this code. 19.08.140 Portable Sign. Portable sign means a sign which is not per- manently affixed to a structure and designed for or capable of movement, except those signs explicitly designed for people to carry on their persons or whi-eh- are•are permanently affixed to motor vehicles. • 19.08.150 Real Estate Sign . Real estate sign means a sign displayed fora limited timeaod-offering the immediate premise for sale:, rent or lease. 19.08.160 Real Estate Directional Sign. Real estate directional sign means an off- premise sign displayed for a limited time and offering parttcular property for sale, rent or lease. 19.08.370 Shared Directional Sign. Shared.directional sign means an eft -sate directional sign erected and maintained by several adjacent businesses as a single sign. 19.08.180 Sign. Sign means any medium, including paint on walls, merchandise, or visual communication device, its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising or identification purposes. Bulletin boards and reader boards are considered signs. 19.08.190 Temporary Sign. A sign which is erected for a limited time and may be used to advertise business, community or civic projects, real estate for sale or lease, or other special events. 19.08.200 Traffic Markings. Traffic markings means all lines, patterns, words, colors or other devices except signs and power- operated traffic control devices, set into the surface of, applied upon, or attached to the pavement or curbing or to objects within or adjacent to the roadway, placed for the purpose of regulating, warning or guiding traffic. 4 19.08.210 - 19.08.230 19.08.210 Traffic Sign. Traffic sign means a device mounted on. a fixed or portable support whereby a specific message is conveyed by means of words or symbols placed or erected for the purposes of regulating, warning or guiding traffic. 19:98 21A -Un der - Marquee- S4en - -- Under marquee -sign- neaps- a- }4ghted er- apligated- d4splay- attaehel -te- the- unders4de- a € -a marquee- pretead4Rg -ever pc b14e- eP- pr4vate -s dewa1ks. - .... r 19.08.220 Uniform Building Code. Uniform building code means the currently adopted edition of the Uniform Building Code pub44shed -by the- interpat4eAal- 6enfereRee Ba41d4pg -Offl vials, Chapter 16.04 of the Tukwila Municipal Code. 19.08.230 Unique Sign. Unique sign means a building or other structure of unique design and exterior decor, where the entire structure maybe considered an advertising device, including but not limited to shapes imitating hats, boots, tires, statues, parts of anatomy or manufactured items such as airplaines, cars, boats, carriages, or symbols 'which may or may not contain lettering. CHAPTER 19.12 • PERMITS 19.12.010 Required 19712:020 Permi.ts- Reveeab4e (relocated in 19.20.030) 19.12.020 Application Procedure }9; }27039 Save- Harmless- Agreement (relocated in 19.20.040) 19.12.030 Application for Permanent Sign - Contents 19.12.040 Application -- Rejection -- Appeal 19.12.050 Exceptions -- Permit not required 19.12.060 Criteria for Granting Variances 19.12.070 Fees -- Permanent Signs 19.12.080 Fees -- Temporary Signs 19.12.090 Fees - -Work started prior to Permit Issuance 19.12.100 Fees -- Public Hearings 19.12.110 Maintenance and Removal of Signs 19.12.120 Special Permit Signs and Displays 19.12.130 Revocation 19.12.010 - 12.12.030 19.12.010 Required. No sign shall hereafter be erected, reerected, constructed, or altered, except as provided by this code and a permit for the same has been issued by the City of Tukwila acting through its bw44d4ng e# 4s ;a4 Planning Director. A separate permit sba44- be -regu} red- fer -a- sign- er- s4gns- ter- eaeb- bds4ness- ent4ty aedier- separate- perm4t- €ex -eae - greep- ef- signs- en- a- s- ng4e- sdppeft structure is required for each group of signs on a single support structure or the sign or signs for each " business entity. In addition, electrical permits shall be obtained for electrified signs. 19.12.020 Application Procedure. Application for a sign permit shall be made in writing upon forms furnished by the be44diag- eff4s4a4 Planning Department. Such application shall contain the location of the proposed sign structure by street and number or by surveyor's exhibit or legal description a € - tile- prepesed- s4gs- strwetere as well as the name and address of the sign constractor or erector and the property owner or owners. If the owner is a corporation, it must be registered with the Atterney-Genera4=s- Aff4ee -et -the State of Washington. The bw44d*Ag-effie4a4 Planning Director may require the filing of additional plans or pertinent information when in its judgment such information is necessary to 4wsere ensure compliance with this code. 19.12.030 Application for Permanent Sian Permit -- Contents. When applying or a permanent sign permit, a limp e 1 ustration s owing how the proposed sign shall look on the site shall be submitted. A vicinity map at a scale of one inch representing two hundred feet (or larger) shall be required dhowing the property on which the proposed sign is located, the street and nearest intersection, togehter with a site map at the scale of one inch representing twenty feet or larger showing the location of the sign, structures, right-of-way, easements and property lines. Elevation projections of the proposed sign shall also be • 19.12.040 - 19.12.050 submitted with the application and shall include but not be limited to, the following: The sign's relationship to the property lines, easements, setback lines, supporting structure, colors and materials and method of illumination. 19.12.040 Application -- Rejection -- Appeal. Rejection of any application for a sign permit shall be made in writing by the bui4d4ng- a € €4e4a4 Planning Director and shall state' the reasons therefor. A copy of the rejection notice shall be signed "received" by the applicant or be mailed by certified mail, return receipt requested, to the applicant at his designated a- dress. Within thirty days, the applicant may file with the e4ty -bu4 d4ng effi.e4a4 Planning Department a notice of appeal and request for review by the Board of Adjustment at a regular meeting not later than sixty days from the date the notice of appeal is filed, unless a later date is requested by the applicant. After a review hearing, the Board of Adjustment shall €erthw4th file with the hd41114ng- eff4e4a4 Planning :Director . and send to the applicant a written decision either denying the application or directing the ba4.d4pg e#' €ie €a' Planning Director to issue the permit. The decision of the Board of Adjustment shall be final and conclusive unless the original applicant or an adverse party makes application to the Superior Court of King County for a writ of certiorari, a writ of prohibition, or a writ of mandamus within forty days of the final decision of the Board of Adjustment. 19.12.050 Exceptions -- Permits not Required. The following shall not require a permit (these exceptions shall not be construed as relieving the owner of any sign from the responsibility of its erection and maintenance and its compliance with the provisions of this code or any other law or ordinance regulating the same): (A) The changing of the advertising copy or message on a painted or printed sign, theater marquee, and similar signs specifically designed for the use of replacement copy. (B) Painting, repainting or cleaning of an advertising structure, or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires a sign permit unless a structural or electrical change is made or the area or the shape of the sign is altered,.. (C) Temporary signs and decorations customary for special holidays such as Independence Day and Christmas erected intirely on private property. (D) Real estate signs sox sixteen square feet or less in area offering the immeidate premises for sale, lease or rent, except in R -1 zones where the maximum sign area allowed is six square feet. (E) Signs ef not exceeding four square feet .in.area,. advertising accep- tance of credit cards provided these are located on the face of a building or upon another larger sign background area for which a permit has been obtained. (F) One on- premise sign not electrical or illuminated, four square feet in area or less, which is affixed permenently on a plane parallel to the wall en -a -waft that is located entirely on private property. (G) Traffic signs and /or markings, - for the purpose of regulating, warning, or guiding traffic, whether on public or private property. Such signs and markings shall comply with the Manual on Uniform Traffic Control Devices for Streets and Highways, published under date of 1971 by the U.S. Department of Transportation, Federal Highway Administration. (H) Bulletin boards not over twelve square feet in area for each pub- lic, charitable or religious institution when the same is located on the premises of said institution. (I) Temporary signs denoting the architect, engineer or contractor when placed upon work under construction and not exceeding twelve thirty -two square feet in area. (J) Memorial signs or tablets, names of buildings, and dates of erec- tion, when cut into any masonry surface or when constructed of bronze or other . noncombustible material. (K) Signs of -putrltc serv4ee utilities. indicating danger and service or' safety information. (L) A maximum of four internal information signs as defined in Section 19.08.A9A 100 and as regulated by Chapter 19.22. (M) Political signs, posters, or bills promoting or publicizing candi- dates for political office or issues that are to be voted upon in an election shall not exceeed twelve square feet in area and shall be located entirely on private property for a period not exceeding thirty days prior to any primary, general or special election; provided, however, that a successful candidate in the primary elec- tion shall not be obligated to remove or to have removed signs, pos- ters, or bills between the primary and general elections, and further ;providedo that all signs, posters, or bills shall be removed not later than the end of the fifth day following any primary election in the case of those candidates not surviving the primary, and not later than the fifth day following the general or special election with regard to all candidates and issues. It shall be the respon- sibility of the property owner to have signs, posters or bills re- moved. No political campaign signs of any type are permitted to be located on any utility pole, bridge, sidewalk, or city -owned or operated vehicle, or any public property of any kind. Window sins which are of a temporary nature for commercial business- es and which occupy less than twenty -five percent of the window sur- face for a period not exceeding thirty days. Signs on or in the win- dow which are utilized for more than thirty days are permanent and will be considered part of the overall signing permitted for the business. Such permanent window signs shall require permits. ( Signs of community service and fraternal organizations, including notation of place and date of regular activity meetings. 19.12.060 Criteria For Granting Variances. The Board of Adjustment shall JAKIT grant a variance to the requirements of this title code'bnly..if de- monstrates compliance with Seeti.9R- 18772 41O -ef- this -eede tams- 4l4- tbceega- 46} -aed 4n- add4t4ea the following criteria: (n) C ,{ 19.12.050 - 19.12.060 (A) The variance as approved shall not constitute a grant of special privilege which is inconsistent with the intent of this sign code nor which contravenes the limitation upon uses of ether property 4n -the v 4e4nity- and -4R- the -eeRe specified by the zoning classification in which this property en 5 ehal4- a €- wh4.eb- the - app ;.eat4eR - was-f4 ;ed is located. (B) That 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 in the zone in which the subject property is located. (C) That the granting of seek the variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and in the zone in which the subject property is s4teated located. (D) That the special conditions and circumstances prompting the variance request do not result from the actions of the applicant. . 454 The- aather4zat *eH- a €- sueh- vari-anee -w4}} -nee- adverse ;y- af€eet the- 40ementat }en- a € - the- eemenekens4ve- ;and - use -194an; 464 T hat - the - grant #Rg- ef- sueh -a -var aRee-i.s- necessary- €er -tke- preservat4en- and- enjeymeht -e - a- substaRt}aT- property- r4gkt- a € -the apps eaRt- pessessed -by- the- ewRers -ef- ether- propert.es -iR -the -same zene- en- Y4e *R}4y. (E) That the variance as ranted re resents the least amount of deviation from prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the stated intent of this code. (F) That granting of the variance shall result in greater convenience to the public in identifying the business location for which a sign code variance is sought. (G) That the granting of the variance will not constitute a public nuisance or adversely affect the public safety. In addition, 04 all facts shall be presented and reviewed at an advertised public caring, and 4b4 the proposed variance shall not interfere with the location and identification of adjacent business buildings or activities. 19.12.070 Fees - Permanent Signs. At the time of 4ssd4Rg application for a permit to erect or install a sign or device controlled by this code, the-13'14414g 0€4e4a'c Planning Department shall collect a €ee-eemputed-eR- the- 5as4s- of -the- 4e } }ew4R94 M4 R mdn- Perm$t -Fee $49:99 FreestandiA9 -S4gRs 0715 -per- square - €eet ef- fetal -sgR -face -area A4 ;- Gther -S gnS (4-1G-per-square-feet ..e €= fetal - sign- fa €e -area- a 19.12:080 4 minimum fee of twenty -five dollars or twenty -five cents per square foot of total sign face area, whichever is greater. this above fee seheda4e does not include the costs of engineering checks Mese- fees-de nor €re3ude -eests of electrical or otherinspections required by other appropriate agencies. 19.12.080 Fees - Temporary Signs. For the temporary installation of • temporary signs, banners, streamers, ete, and other special permit signs as provided in Chapter 19.24 of this title, the permit fee shall be twenty - five dollars. Permits - €er -real- estate -d €root€ seal•- s €ges- larger- thapl*x- square -feet skal4 -be- ten- dell.ars- per-- s}ge- €er -a -R4 ety- day- eeri•ed -and- ray -be- renewed -€er ae -€ fleet€ gal- eer4ed- epee- rem4ttamee- e€ -an -€ dept €eal - fee:-- A- € € €teeA- de14ar dopes€ t - per -s €gR -004- also- be- pa4d -te- the- be4144ng- a € € €e €a1;- wh4eh- ska4 ; -be €er€e *ted -4f- the- devel.eper- €a €4s -te- remove- the -s4ge- whop - the- eermtt- exe €res. deee- demees €rain €en - that- a -s4ge- Has - beep- remeve4T- the- deees4t - €er- the -s4se shall- be- retareed: - -A14- see€ 4seated- s €ges- shalt - bosoms -the- property -e€ -tae 64ty- a € -Tekw 4 a. in Sections 19.12.070 and 19.12.080. 19.12.090 Fees -- Work Started Prior to Permit Issuance. Where work for which a pe it is required by this code is started prior to obtaining a permit, the feess specified ., shall be doubled, but the payment of such double fee shall not relieve any person from fully- complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein. 19.12.100 Fees -- Public Hearings. Where a public hearing is requested for consideration of special conditions which might affect detailed application of code requirements, er- where- a- s4 gr- 49- te- be- elaeed- eH- er- w40MR- a- pub4ie ut4.1€t €es- i4ght -e€ -way, the filing and advertising fee shall be as specified in Sections 18.72.030 through 18.72.060 of the Tukwila Municipal Code. 19.12.110 Maintenance and Removal of Signs. (A) All Signs together with their supports, braces, guys and anchors shall be kept in repair and in proper state of preservation. The surfaces of all signs shall be kept neatly painted or posted all all times. The ground area shall be neat and orderly. (B) The ba4td4eg -ef 4eta& Planning Director may order the removal of any sign that is not maintained in a safe and orderly condition. 19.12.120 Special Permit Signs and Displays. Strings or pennants, banners and streamers, festoons of lights, clusters of flags, balloons and similar devices of a carnival nature er- a- greae -e€- temporary -sages may be displayed on private property only, by special permit. Such permit shall be issued for a period not to exceed ten days and shall be issued no more than four times per year. 19.12.130 Revocation. The ba41114eg- eff4e4a4 Planning Director is authorized and empowered to revoke any permit 4ssded- by -q4m upon failure of the holder thereof to comply with any provision of this t;t }e code. In .. Sections: CHAPTER 19.16 DESIGN AND CONSTRUCTION I. DESIGN 19.16.010 Conformance to Building Code Required 19.16.020 Exposed Surfaces -- Appearance 19.16.030 Glare Prevention Required 19.16.040 Wall Mounted Signs 19.16.050 Signs Near Intersections or Visible from Vehicles. II. CONSTRUCTION 1.9.16.060 Supports to Conform to Building Code 19.16.070 Materials 19.16.080 Electrical Wiring 19.16.090 Combustible Materials Displays 1:9-67:1.00-- fhnrtrittriom- Corr €taltmliirl fieimn - itrls 1 dfr .iit--- NtrnsrtructtrrYrl-friri 19.16.100 Anchorage I. DESIGN 19.16.010 Conformance to Building Code Required. Signs and sign structures shall be designed and constructed in accordance with the requirements for structures in the Uniform Building Code, Chapter 16.04 of the Tukwila Municipal Code. 19.16.020 Exposed Surfaces -- Appearance. The exposed surfaces of all signs and sign supports shall present a neat and finished appear- ance, utilizing the minimum number of elements and exposed fastening devices. 11 19.16.010 - 19.16.040 19.16.030 Glare Prevention Required. The signs shall be illumi- nated or detailed in such a way that glare is not created for occupants of surrounding properties or for drivers or pedestrians using adjacent streets and right -of -way. 19.16.040 Wall Mounted Signs. No part of a wall mounted sign wMM0- eens4sts- a €- 4nd4v4dua1- 4etters- ew- symbe4s shall extend above the top of the wall to which the signing is attached. 19.16.050 - 19.16.090 19.16.050 Signs Near Intersections or Visible From Vehicles. Where the sign is in the vicinity of an intersection, or where the sign is intended to be read from moving vehicles, the graphic devices and letter styles employed shall be clear and easy to read. II. CONSTRUCTION 19.16.060 Supports To Conform To Building Code. Signs or sign structures shall be placed in or upon private property and shall be securely built, constructed and erected in accordance with the requirements of the adopted edition of the Uniform Building Code, Chapter 16.04 of the Tukwila Municipal Code. 19.16.070 Materials. Materials of construction for signs and sign structures shall be of the quality and grade as specified for buildings in the adopted editions of the Uniform Building Code. In all signs and sign structures the materials and details of construction shall, in the absence of specified requirements, conform with the following: (A) Structural steel shall be of such quality as to conform with the Uniform Building Code Standards. Secondary members in contact with or directly supporting the display surface may be formed of light gauge steel, provided such members are designed in accordance with the specifications of the design of light gauge steel as specified in the Uniform Building Code Standards and, in addition, ferrous metals shall be galvanized. Secondary members, when formed integrally with the display surface, shall not be less than No. 24 gauge in thickness. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be No. 12 gauge. Steel members may be connected with one galvanized or equivalent bolt provided the connection is adequate to transfer the stresses in the members. (B) Anchors and supports when of wood and embedded in the soil, or within six inches of the soil, shall be of a44- heaw4weed -e€ a durable species or shall be pressuretreated with an approved preservative. Such members shall be marked or branded by a recognized lumber grading or inspections agency. requirements of the 19.16.080 Elect cal Wiring. (A) All signs containing electrical wiring shall be subject to th ational Electrical Code, current edition, and shall bear the seal of a recognized testing agency and /or be approved by the appropriate state agency. (B) Electrical service shall be located underground or otherwise concealed from view; meters and disconnects shall be integrated with the design or its support to conceal or blend with it. 19.16.090 Combustible Materials Displays. All combustible gas - buring displays, fossil fueled or other liquified or gassified combustible materials, used for advertising or illumination in connection with advertising displays, must meet all federal, state and municipal building and fire regulations and codes and be certified by a nationally recognized testing organization such as the American Gas Association. Aerm4ts- fee- sdeh- dev4ees- may- be -respA red -and 3espeetieRs-€ er- 4Rstallat4 eR- and- ma *RteRapee- standefds- may- be- pequ;ced -by -the bw44d4R9- a €f4e4a ;- 21aAR4,4- BepaPtmeRt -and- F4re- MaPsha4. 13 19.16.100 - 19.16.120 l 1fr.-1flE -- -orr-Combirs ti-ble Mater+a s. A ;1- s4gns -apd s4gn- straetares- epee ted- 4n- F4re- ZSeRe- Plea- 4- sha ;1- have- straetaca.- me,thers e - 4Reer*as013;e- mate34a1s.: --Gro+ -s4 glay --be- c-c t-iuc -ted -o -a i - mart eri- a.1-- meet4ng --the- requi- +''emer- t5--o- 4 s— •eocle -as --piv i.ded Move: -- i11 - s- igns- ,- -p+'o-jec't-4-ng-- i- grrs -; . a* d- s4gnre--en-inai'queees- s#+a'1- 1--be- eonstrurted �a- tti,� - 1s -; tcep ae•- pro�r- i�#ed i S�eeiior� 1 9-.46.- }F}.- -410-o rst -ma-t i-a-1.s --o the -then- approved- p- l- as-iti stra+l -- beast. -rr -the- m5 true- #iecr- -elt t i ea- 1- -si-gns 19- .46r.---- Nons#i'uetura -l-4 w. - -Monet ,retura-1- t i -and tab1-e di ri- ay --sur€ aces- -may-- be -approved-- p•1•aeti- cs- -O4 -& eentb -i ne#i-on-- theree . 19.16.100 Anchorage. Members supporting unbraced signs shall be • so proportioned that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not exceed the safe values. Braced ground signs shall be anchored to resist the specific wind or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pull -out amounting to a force twenty -five percent greater than the required resistance to overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frost line. Signs attached to masonry, concrete, or steel shall be safely and securely fastened thereto by means of metal anchors.. Sections: 19.20.010 19.20.020 19.20.030 19.20.040 CHAPTER 19.20 SIGNS ON OR OVER PUBLIC RIGHTS -OF -WAY Projection Over Public Right -of -Way Signs on Public Right -of -Way Permits Revocable Hotd•Harmless P reement 19.20.010 - 19.20.030 19.20.010 Projections Over Public Right -of -Way. (A) No permanent signs shall project over the public right -of -way except for twelve inches allowed for flat signs mounted on face of building. (B) Where the proposed signs are perpendicular or at an angle to right -of -way, building or support shall be set back - as necessary so that no portion shall extend over the public right -of -way. (C) Minimum height above grade for flat signs projecting more than four inches over public right -of -way on the face of buildings shall be eight feet, but in no event shall a sign be located to create a safety hazard. 19.20.020 Signs on Public Right - of - Way. (A) Nothing in this code shall be interpreted as controlling public and informational signs placed on the public right -of -way by any governmental agency or p b44e utility having underground or overhead installations. (a) Public service directional signs for public buildings such as public schools, libraries, hospitals and other similar public service facilities, may be placed entirely on the public right -of -way. Such signs are limited to one of the foregoing types at locations approved by the Planning Commission. Sign must be of size, height, color, design and mounting and so located as to comply in all respects with the Manual on Uniform Traffic Control Devices for Streets and Highways, current•:edition published wader- date - a € -19 ;1 by the U.S. Department of Transportation, Federal Highway Administration. (C) No sign may be placed in or overhang City utilities right -of -way or easement areas, except under prior agreement between the City and the property owner. 19.20.030 Permits Revocable. All permits issued for any sign projecting over a public right -of -way shall be a mere license, obtained on an annual basis, and revocable at any time y the City of Tukwila acting through its btiiidinq- offieiai,P anning Director , upon due notice, in .case the' permitted use becomes insecure or unsafe or is not constructed, 14 maintained or used in accordance with the provisions of this code. Upon revoking such permit, or at any time thereafter, the bu4 4nq- e'F4e4a3 Planning Director • may request the permittee to discontinue or remove such sign supporting structure; and if it be not so discontinued or removed as requested within the time specified, the •b0.1d4ng- a € €4e4a3 Planning Director may remove such sign or structure all at the expense of the permittee, payment for which may be enforced in any manner permitted by law. 19.20.040 Hold—Harmless Agreement. The owner of any sign projecting Over a public right -of -way shall indemnify and hold- harmless the City of Tukwila from loss, damage, judgments, costs or expense which the City may incur or suffer, by reason of granting of the permit. 15 19.20.040 CHAPTER 19.22 INTERNAL INFORMATIONAL SIGNS Sections: 19.22.010 Permit Requirements -- Conformance 19.22.020 Content Restricted 19.22.030 Wall- Mounted Signs -- Restrictions 19.22.040 Freestanding Signs -- Restrictions 497227959-- Neneenferm }ng- S4gns 19 :22:968 -- Hansen €ermanee - Removal• -Afder 19.22.010 - 19.22.040 19.22.010 Permit Requirements -- Conformance. A maximum of four internal informational signs, as defined in Section 19.08.100 of this title shall be exempt from the permit requirements of this title. However, All such signs must conform to the design and placement regulations contained in this chapter, and- sash - silo- €n- exeess- a € -feww- shall- regaiwe -a -permit -and separate- fee- as- prev4ded -ce+ n- Ghagter- 19:12 - a €- th €s -t #toe- Placement of five or more internal information signs of identical size and appearance shall require a permit approved by the Planning Director and payment of a single fee as provided in Chapter 19.12.090 of this title. 19.22.020 Content Restricted. The information or copy displayed by or on any internal informational sign shall be limited to only those letters and /or symbols necessary to convey the required message, in as brief a manner as reasonably possible, and shall nei her- 4dent4 €y-e* not advertise in any manner the facility occupying the premises nor .goods or services available €er nor hours of operation. Upon application, the Planning Commission may authorize a sign which will resolve a locational or traffic hazard problem. Such sign must comply with all the regulations established in Chapter 19.22. 19.22.030 Wall- Mounted Signs-- Restrictions. Each wall- mounted sign shall be permanently affixed to a wall on a plane parallel to that wall and shall not exceed six square feet, unless otherwise approved by the Planning Director. 19.22.040 Freestanding Signs -- Restrictions. Each freestanding internal informational sign shall be erected in a permanent manner and shall be designed and located in accordance with the following restrictions: (A) Freestanding signs shall not exceed an overall height of five feet above average grade of adjacent street or driveway, unless otherwise approved by the Planning Director.., (B) The message conveyed by a freestanding sign may be located on a background area not to exceed four square feet. A double -face sign may not exceed eight square feet. (C) Freestanding signs which exceed three feet in overall height above the average grade of a street or driveway intersections shall be set back at 16 . least ten ;forty feet from such street or driveway intersections. (D) All freestanding signs shall be located in a landscaped area or on a decorative base, unless otherwise approved by the Planning Director 44ght *Rg- er -by- use- e€- pe€leeter4Bed -espy. 19:22: 969-- Weneenfermi.ng- s *gns - -- Any- s4gn- wh }eh- beeemes- neneen €erm4Rg -by the- eenteRt- e€- i;hi4- ehaptep- shall- be- breught- 4Rte- eeR €ermanee- er- be- pemeved 4R- aeeepdanee- w4th- SeeefeR- 19728439-e€- this - tithe- _.... }9- 23:969-- Pleneen#'e+ manes-- Remeval - sprier - -- The- but4d4ng- e€€4e}a4- may -erdef tire- res+eval--e €- any- 4RtePRal--4n ermat4enal- s4gR -wh eh- lees - net- eenferm- to -the r•egulat4ens- a €- thi-s- ehapter -- Sdeh- epdep- shall- be- €R -wr4 ng- and- ma € ;ed -by eept €f *ed -ma l- rettfr°R- reeei`pt- requested; -te- the - saner e€- flranager°- a €- tbe- bas4ness . er- aet4v* is y -be ig- eenduetee -wpeR- the -preen* ses- eR- whteh- the -Ogn s- 4eeated. These- signs- i.dent$ €.ed- n- the - ender- slab;- w4th4R -ten- days - €per -the- date -e€ feeeipt -e€- the - sprier;- be- bpeught -i• Rte- eeR €ermaRee -w4th- the- regm4rements -e€ th;} s- ehaptep- er- removed:-- Aron -€a }bpi- rre- eeRrpiy -w *th- the- erderc- wi.th4R -the ten- day- per4edr- the -e4ty -Bray- take- sweh- aet4ens -as- gray- be- deerRed- Reeessary- to -4Rsu e eempl4aRee -w *th- the- ppev *s *ens- e€ -thi•s -eerie. (E)-- Freesrtandtng- signs - may- be- 411um4nated- en4y- by- exter4er- ground- 44ght4ng er -by- use- e€- re €Reeter4?ed- eepy: 19.22.040 - 19.22.060 (' 17 Chapter 19.24 TEMPORARY SIGNS Sections: 19.24.010 Area Restrictions- -Time Limit 19.24.020 Cloth Signs -- Support 19.24.030 Cloth Signs -- Projections 19.24.040 Cloth Signs -- Clearance 19.24.050 Real Estate Directional Signs 19.24.060 Sign Identification 18 19.24.010 - 19.24.060 19.24.010 Area Restrictions - -Time Limit. No Temporary cloth sign shall ex- ceed one hundred square feet in area. Temporary signs of rigid material shall not exceed thirty -two square feet in area and six ten feet in 'height; a multi -faced sign of rigid material may not exceed sixty -four square feet in sign face area. Temporary signs may remain in place for a period not exceeding thirty days, except real estate signs and real estate directional signs which may remain for ninety one hundred twenty days or special permit signs as provided in section 19.12.140. The number of one remise temporary signs shall be limited to no more than four at any one time. Temporary sign permits or special permit signs as provided in Section 19.12.140 may be renewed for an identical period upon payment of an identical fee. Temporary signs as defined in Section 19.08.190 shall be considered permanent signs after three renewals of the time limits specified in this code and shall be removed.or brought into conformance with all pertinent standards of dimension, construction and placement for permanent signs contained in this code. 19.24.020 Cloth Signs -- Support. Every temporary cloth sign when extended over a public right -of -way shall be supported and attached with wire rope of three eights inch minimum diameter or other material of equivalent breaking strength. No strings, fiber ropes orwood slats shall be permitted for support or anchorage purposes. Cloth signs and panels shall be perforated over at least ten percent of their area to reduce wind resistance. 19.24.030 Cloth Signs -- Projection. Cloth signs may extend over public property. Such signs, when extended over a public street right -of -way, shall maintain a minimum clearance of twenty feet. Temporary signs other than cloth, when eight feet or more above ground, may roject not more than s4M twelve inches over public property or beyond the legal setback line. 19.24.040 Cloth Signs -- Clearance. Cloth signs may extend across a public street right-of-way only by permission of the City Council and shall be subject to all related laws and ordinances. 19.24.050 Real Estate Directional Signs. (A) Real estate directional signs shall ave a maximum size of six square feet. Such directional signs shall not be placed closer than four feet to the edge of the public right -of -way and shall not be placed in such a manner as to constitute a public safety hazard. (B) No more than two such signs shall be allowed at any one intersection. And Only one sign per development shall be allowed at each intersection. and Three signs (total) per development'fshall be allowed. 19.24.060 Sign Identification. All temporary signs shall have the sign permit number placed at the upper left -hand corner by the permittee. 19 19.24.060 Sections: 19.28.010 19.28.020 19.28.030 19.28.040 CHAPTER 19.28 PROHIBITED SIGNS AND DEVICES 19.28.010 Designated Unauthorized Sign over Public Right -of- Way -- Removal Non - conforming Signs-- T4fe=44Ri *t- €er- Remeva4 Closure and Vacation of Business - -Time Limit for Sign Removal 19.28.010 Designated. The following signs or devices are specifically prohibited: (A) A}} Signs net- eemp4ying- with -the- Wash* R9teR_State- H4ghway- Regw4atieps adjaeent -te -state-reads adjacent to state roads and not complying with Washington State Department of Transportation regulations. (B) Any Signs using the words "Stop ", "look "or "danger" or any other word, symbol,-ae character or color which might confuse traffic or detract from any legal traffic control device. (C) A1.4 Animated signs unless specifically approved by the planning com- mission. (0) Roof -top signs supported by exposed truss -work and wall- mounted signs with -ind v4dba ; - ;et €ens extending above the parapet line. 4E4-- B4.11beards7 (E) Unique signs unless specifically approved by the planning commission bedew- seetien4971248A; Permits may be denied approved if in the judgment of the planning commission the effect of the proposed sign would not contribute to a cluttered, confusing or unsafe condition. (F) Permanent off - premise signs, except directional signs of a design and in locations close to the premises or where three or more separate business activities agree to function as a single business park or shopping center, in which case one of the properties may be used as the location for signing in accordance with section 19.32.150 and or 19.32.170 and specifically approved b t the Planning Commission, and except billboards as provided'in Section 19.32.040. of i s 'c de l) strings of pennants, banners or streamers, festoons of lights, clusters of flags,wind- animated objects, balloons and similar devices of a carnival na- ture except as specifically provided in Chapters 19.12 and 19.24 of this code. (Not prohibited are national, state, and institutional flags properly dis- played or temporary signs and decorations customary for special holidays, such as Independence Day, Christmas, Tukwila Days, and similar events of a public nature.) (H) Portable signs or any sign which.is not permanently mounted, including sandwich or "A" boards, except as provided in sections 19.24.050 and 19.32.160 of this code , (I) There shall be no signs or sign supports allowed within twenty forty. feet of intersections or driveways which shall obscure vision between the height of three feet and ten feet of the street or driveway grade. __ - 19.28.020 - 19.28.040 (j) Signs mounted or painted on stationary motor vehicles, trailers and related devices.tn order to circumvent the intent of this code. 19.28.020 Unauthorized Signs On or Over Public Right -of -Way -- Removal. Unauthorized signs or other advertising devices either wholly or partially supported on or projecting over the public right -of -way shaUU may be removed by the bu4; d4ng- eff4e4al- er- h4s- representative "Planni'ng Director without notice to th owner. Such signs or devices shall be held by the Planning Director for a period not exceed thirty days, during which time the owner may redeem such sign or de- vice by payment to the City treasurer an amount equal to the City cost for the removal and storage, but in no event shall the fee be less than ten twen- ty -five dollars. After expiration of the thirty day period, the sign not having been redeemed shall become the property of the City of Tukwila. 19.28.030 Nonconforming Signs -- T4me- Li.m4t- fer- ReHeval. A43- Reneenfor- m *ng- temperany- signs- shal.4 -ee- removed -w W n- thirty- days - a € -May- 493- 981:- 41 neneenfermi.ng- permanent- s4gns- nE-ed*ng- these- €er- wg4Eb- var *anees- have -pre- v *eusly -been- granted- and- wh4eq- pave- a- rep4aeement- va4ue- ei: -4ess- than -ere- hundred “90441e4i:are•sba4- be- breeght4nte- eenfenmanee- w4th- eequ4rements- ei: -th4s -sede en- shall- be- remeved- w4th4R -ene- yeah -frem -May- :193 - 1984---- 41- neneenferm4Rg permanent- s}gns- nelud*ng- these - fur- whi.eh- var4anees- pave - been - prey *ebsly- grant- ed- and- wh4eb- have -a- rep ;asement- va4ue -ef-ere- hundred -4 19(33-de4}ars-er- mere- sha41 -ee- ereught-4nte-een€ermanee-w4th- the- regei.rements- ei: -th4s- sede -er- shall- ee -re- meved- w4th4n- seven 4 73- e4ght483- none -f9}- years - €rem- Way- 28;- 49F3 - -- Fen - these areas- annexed- er- reeened- sbeseeaent -te- the- enaetwent- et -th4s- sede the of €eet4ve - date -e€- the- tipie- per4ed -fur- the- repeva4 -er- revision- a € - signs -shal4 Le -the- date - a €- annexat4en- er- reEen4ng. Any nonconforming sign which was erected prior to May 28, 1973,or which was erected legally in accordance with the provisions of the sign ordinance in effect at the time of erection, or which has a valid building permit from the City of Tukwila may remain in use until such time as: (A) There is a change in use of the land, building or tenant -space within a building that the sign identifies; or (B) There are substantial alterations or enlargements to the site or bui l di ng exteri or" upon which the nonconforming sign is locaterequiring issuance of a license or permit from the City of Tukwila; or (C) There is a change in the letter style, size, color; background, message or sign structure which requires manufacturing of a new or modified sign face or structure. Exception: Easily replaceable bills and; etters:as in the case of a reader - board requiring no new investment in the sign shall not be considered modification of a nonconforming sign. 19.28.040 Closure and Vacation of Business - -Time Limit for Sign Removal. Upon the closure and vacation of a business or activity, the owner of said business or activity shall have thirty days from the date of closure to remove all signs relating to the business or activity. If the owner of the business or activity fails to remove the signs within the designated time limit, then the owner of the property upon which the signs are located shall remove the signs within sixty days of the closure and vacation of the premises. If the owner of the property on which the signs are located fails to remove the signs within 'sixty days, then th'e • G4ty-e€ Tukwila Planning Director upon due notice may remove the signs at -the owner's expense. 21 Sections: Chapter 19.32 REGULATIONS BASED ON - -L -AND' USE CATEGORIES I. GENERAL REGULATIONS 19.32.010 Generally 19.32.020 Shared Directional Signs 19.32.030 Signs in Underground Utility Easements & Corridors 19.32.040 Billboards Preh4b4ted - -Area Restrictions 19.32.050 Exposed Neon Tubing - -Use Restricted 19.32.060 Freestanding Signs -- Proximity to Certain Use -Areas Zones 19.32.070 Freestanding Signs -- Setback 9732 480--- dwdep- fargeee- S4ghs -- Approval -Raga }red II. SINGLE AMY' USE-AREAS ZONES 19.32.080 Home Occupation Signs -- Church,School,Public Facility and 8pee4a; Appr'nved "Con'ditional Use Signs. III. MULTIPLE FAMILY USE -AREAS ZONES 22 19.32 - Index 19.32.090 Where Signs Will Face Single Family Use -Areas Zones or Parks 19.32.100 Where Signs Will Face Other Multiple Family or Commercial or Industrial Use -Areas Zones 19.32.110 Multiple Family Development . IV. COMMERCIAL USE -AREAS ZONES 19.32.120 Where Signs Aeress- Street -Frem Will Face or Abut Single Family Areas Zones. 19.32.130 Where Signs Aeress- Street -Frew Will Face or Abut Multiple Family Areas Zones or Public Facilities 19.32.140 Commercial 14&e.-Areas Zones Exc-e$ - Reg- i.oria.1-- Shoppi.c} -Gen t64 & a9 -ery ce—sle it t -iraee Where Signs & e- 1oc- a.ted -aG G&s _he Street Mill Face or Abut Other Commerci al Use-Areas or In- dustrial Use -Areas Zones, Except as Provided in Sections 19.32.150 -180 Inclusive. V. REG4ANA6- SHAPP4NG- GENTERS (USE- AREA -GPR3 V. PLANNED BUSINESS CENTERS (C -P ZONES) 19.32.150 Business Identification Signs -- Displays VI. SERVICE STATIONS 19.32.160 Surrounded by Commercial or Industrial Use -Areas Zones VII. INDUSTRIAL USE -AREAS ZONES 19.32.170 Permitted Signs -- Height VIII. FREEWAY INTERCHANGE BUSINESSES 19.32.180 Freestanding Signs -- Height and Area Allowance I. GENERAL REGULATIONS 23 19.32.010 - 19.32.040 19.32.010 Generally. The type, character, number, location and size of permanent signs varies with the land use category in which the signs are located. The land use categories are as established under Title 18 of the Tukwila Municipal Code. 19.32.020 Shared Directional Signs. In commercial, industrial and multiple residential areas where a demonstrated need for a €f -s4te directional signing exists, owners or tenants of these premises may petition the Planning Commission for review and approval of the design of a shared directional sign which shall be appropriate for the specific area in which it is to be placed and shall not exceed five to ten feet in height, fear five to ten feet in width, and have a maximum of two signing surfaces which do not exceed a total area of fifty square feet; the base of the sign structure shall be located in a twe- feet- b4gk•masonry base of decorative appearance. The shared directional sign shall contain no advert4siAg promotional copy but shall be limited to the names and addresses of the companies or activities being 4esated identified. 19.32.030 Signs in Underground Utility Easements and Corridors. Where underground utility easements or corridors have been established, no signs shall be located in the corridor or easement except as specified in Section 19.20.020(C). 19.32.040 Billboards-- Preh464ted Area Restrictions. B4446eards -are preh4b4ted- 4n -a44- areas. Billboards shall not exceed one hundred square feet in area and shall be located in M -2 zones. 19.32.080 - 19.32.100 19.32.050 Exposed Neon Tubing - -Use Restricted. No exposed neon tubing shall be used where sign face is within two hundred feet of a multiple family or single family use -area zone. 19.32.060 Freestanding Siqns -- Proximity to Certain Use -Areas Zones. _ No freestanding sign shall be located within one hundred feet of a multiple family or single family nse -aree zone, except as provided in Sections 19.32.090 -110 inclusive. 19.32.070 Freestanding Signs -- Setback. Any freestanding sign shall be setback from all property lines a distance at least equal to the overall height of the sign above average grade. However;- setbeek- requirements- may -be waived -or- adjusted - due -to- special- e4reumstanees- after- a- pubIie- hearing -ir+ accordance - with - Section -i9 i2 888. 39:32 -888 -- Under - Marquee -Signs -- Approval- Required: -- Under - marquee -s4vis must -be- approved -by- the - punning- eamm4ss4en- exeept -as- stipulated- ifl- seet4ea 39:28:839. II. SINGLE FAMILY USE -AREA ZONES 19.32.080 Home Occupation Signs -- Church, School, I4s0.4a4 -, Public Facility •and Seee4a1 Approved Conditional Use Signs. (A) Home occupations may be identified by a single, non - illuminated wall plaque of not more than one - and - one -half square feet. (B) Churches, schools, hespi- t-al -s, public facilities and spee.41 approved conditional uses may have one sign for each street upon which the property fronts; signs shall be located in the setback area or upon the face of the building. Total area of sign or signs shall not exceed thirty -two square feet; maximum height above ground, when in setback area, shall not exceed five feet, and base of sign shall be located in landscaped area. Bulletin boards and reader boards are considered signs. All signs in this subsection must be approved by the Planning Commission. Illuminated signs shall be front - lighted from concealed sources or back- lighted channel letters or back- lighted cut -out letters framed by an opaque cabinet or non - illuminated opaque sign panels. III. MULTIPLE FAMILY USE -AREAS ZONES 19.32.090 Where Signs Will Face Single Family 4l se-Areas Zones or Parks. Home occupations may be identified by a single, non - illuminated wall plaque of not more than one - and - one -half square feet. 19.32.100 Where Signs Will Face Other Multiple Family or Commercial or Inustrial Use -Areas Zones. (A) Home occupations may be identified by a single wall plaque not more than two square feet; plaque may be illuminated from front. (B) Churches, schools, hospitals, public facilities and spee4a4 approved conditional uses may have one sign for each street upon.which the property fronts. The total area of sign or signs shall not exceed sixty - four square feet. Maximum height, when in setback area, shall not exceed ten feet, and base of sign shall be in a landscaped area. Bulletin boards and readerboards are considered signs. 1. All signs in this subsection must be ap by the Plannin Commission. Signs may be illuminated from within the sign cabinet, but expos neon tubing or bare lamps shall not be permitted. 24 19.32.110 Multiple Family Development. Each multiple family develop- ment may have one sign for the purpose of naming or otherwise identifying the project. Total area of the sign faces shall not exceed thirty -two square feet; maximum height above average grade,when in setback area, shall not exceed five feet, and base of the sign shall be located in landscaped area. Illuminated signs shall be front - lighted from concealed sources. or back- lighted channel letters or back - lighted cut -out letters framed by an opaque cabinet or non - illuminated opaque sign panels. IV. COMMERCIAL USE -AREAS ZONES 19.32.120 Where Signs Aeress - Street -Frew Will Face or Abut Single Family Nye -Areas Zones. (A) Home occupations may be identified by a single, non - illuminated wall plaque of not more than one - and - one -half square feet. (B) Churches, schools, hospitals, public facilities and speoiel- approved conditional uses may have one sign for each street on which the property fronts; signs to be located in the setback area or upon the face of the building. Total area of sign or signs shall not exceed thirty -two square feet; maximum height,when in setback area shall not exceed five feet, and base of sign shall be located in landscaped area. Bulletin boards and reader boards are considered signs. All signs in this subsection must be approved by the Planning Commission. Illuminated signs shall be front - lighted from concealed sources. or . back - lighted channel letters or back - lighted cut -out letters framed by an opaque cabinet or non - illuminated opaque sign panels. (C) For commercial uses, including service stations, sign areas which are sixty percent of those in Table 1 (see Section 19.32.140) are permitted; other requirements as listed in Section 19.32.140. (D) All freestanding signs must be approved by the Planning Commission. Permits may be den4ed approved if in the judgment of the Planning Commission the effect of the proposed sign would not contribute to a cluttered or con- fusing condition or would generally degrade the physical appearance or character of the street or neighborhood. (E) Nonrolling equipment and merchandise must be displayed from within buildings or within glass fronted cases, except in connection with temporary commercial, industrial or public service displays. 19.32.130 Where Signs Aeress- Street -Frew Will Face or Abut Multiple Family dse- Areas Zones or Public Facilities. (A) Home occupations may be identified by a single wall plaque not more than two square feet; plaque may be illuminated from front. 25 19.32.110 - 19.32.130 26 . 19.32.140 (B) Churches, schools, hospitals, public facilities and spee4a3 approved conditional uses may have one sign tor each. street upon which the property fronts. The total area of sign_or shall not exceed sixty -four square feet. Maximum height,when in setback area, shall not exceed ten feet, and base of sign shall be in landscaped area. Bulletin boards and readerboards are considered signs,. All signs in this subsection must be approved bx the Planning Commission. Signs may be illuminated from within the sign cabinet, but exposed neon tubing or bare lamps shall not be permitted. (C) For commercial uses, including service stations, sign areas which are ninety percent of those in Table 1 (see Section 19.32.140) are permitted; other requirements are listed in Section 19.32.140. (D) All freestanding signs must be approved by the Planning Commission. Permits may be de, }ed approved if in the judgment of the Planning Commission the effect of the proposed sign would not contribute to a cluttered or confus- ing condition or would generally degra3e the physical appearance or character of the street or neighborhood. (E) Nonrolling equipment and merchandise must be displayed from within the buildings or within glass fronted cases, except in connection with temporary commercial, industrial or public service displays. 19.32.140 Commercial Use -Areas Zones. Except- Reg €e�aal- SMepp €wg- 6ehters- Ouse- awes -6-PR -ap - servtee- s€a €4eR -uses, Where Si gns a �eeated -ae ess- stweet - €rem Will 1 Face or Abut Other Commercial Use -Areas or Industrial Use -Areas Zones, Except as Provided in Sections 19.32.150 -180 Inclusive. (14-- S4gns -eh € aces - a €- eu}4d4-pQ--- Uel.ess- a €berw4se- pwev €eed- here €p;- ene -s41,1 s- gecm4tted - €er e4thew- each - street- eR- wgi.eh- €he- prener €y- €refits -er- each -s €reef- €rem -wh4eh ah4mpreved- vel €ealar- aceess4s- avai.lahl.e. (A) Signs mounted on exposed building faces: Each business shall be permitted one exposed building face mounted sign. One additional exposed building face mounted sign can be permitted for each business provided: p ) That the business is not identified on a freestanding sign and That the business has more than one exterior public entrance in the same building, exclusive of warehouse area doors, or (3) That there is no more than one sign per business on any wall of the building. The area of all signs on each the exposed building building face for each business sha — be as €ellews provided in Table 1. Area - a € - Budd *Rg -Faee FreRt Rg -eR -the- Street TABLE 1: ' Tetal- Prejeet4en-- Square-Feet Area (L X H) -- Sq. Ft. Total Permitted Area of Sign - -Sq. Ft. Exposed Building Face 0 -500 0.05 x Total Project Area in Sq. Ft. (T.P.A.) 501 -1500 25 + 0.04 x (T.P.A. - 500) 1501 -3000 65 + 0.03 x (T.P.A. - 1500) 3001 -5000 110 + 0.02 x (T.P.A. - 3000) Over 5000 150 Square Feet (maximum) Upon application to and approval by the Planning Commission,the permitted sign areas provided in Table 1 may be increased no more than fifty percent for each doubling of the required minimum setback distance for the wall upon which a particular sign is to be placed, but in no case shall sign area exceed that permitted in Section 19.32.150. 42 - - Bb d *rigs- may- dse- twe -er- mere -s4gAs - prev4ded- the- add4t4eRa4 -s}gRs er -s 44149 -4s- approved -by- the -p4m4 Rg- eemm*ss4eR- arid- 4s- wi.04R- the- mam4mwril total -perm * tted -s4gR- area -as- set- €erth -tR- the - table- 4R- subseet4eR -4}4- of -th }s seetieR. (B) Where- ba44d4ngs- house - mere- tbaR =eRe- tenant;- the -sign- area- al4eted -te eeeh- teRaRt- shal-l- be- EIR4ferm. Office buildings with multiple tenancies shall only be identified by the official name of the building, and internal directories shall be used to identify the individual tenants, Exception: Multi- tenant office buildings which will face or abut other commercial or industrial zones shall be permitted signs as follows: and which have no common public entry (1) Each first -floor occupant shall be permitted an identification sign which designates the name of the occupant and /or the type of occupation. Such sign shall be attached to a single exposed building face as defined in Section 19.08.050. (2) The size of any building sign shall not exceed thirty (30) square feet and shall not be longer than seventy percent (70 %) of the exposed building face that the business occupies in the building and upon which the sign is to be placed. (3) Each tenant may also display a room number /letter or street number which is visible from the public street or principal access roadway. Such a sign shall not be counted in the sign area permitted for the business. (4) Each group of professional offices may have a directory listing the names of the tenants on the site and a location map. The directory shall be oriented to the pedestrian on the site rather than the passing motorist. 444 -- Q .. fines#,audaiu} sa.g.n. Baer- bud.] al s ha la- te- a 4.owed - - e 1ept- hers. 1,triltiiTrys porti.ve -.to- floe4.ra.nci.p.].e- act a .wd ty- of.. busin 2r re-al-cowed-4rrriyfote -.re- iflc-ipi.e-trsee; trn+ess- spee-i#' -iea- la -.pe .t -O-t- #the Tiaim+ng-eoni issiom. - -4h►e totaa- .a- rea -o# aaa -.tk #arms- .o.f -. ha.s -.saw la --not exceed - two- d aces- -,he_ a-rea- 4g4 -von- a-n- - the - tatle- set- #ar -th- a-n- euhseo t i -(-14 of # i.s -.sec on% - —Support- ter- .s- tam -i-ng- - sans- e4ie.1a- b a e- -landscaped- a-r-ea . Zhe—he4ght- of 44}e- .- lua4- ba4,44.r 44ate# 441- oonnercta.] e6e•area- 6- #-or -- the -#a4r -ten- ac s- of aaad, -$u - -two -feetof- 4►ei.gh for-.each. 444e- arxes- 4n- exces-s- o f - -the - ten - ages - Z4 e- #sae• eta.ndi.ng- a- la- .aeteri.n- Re- advert4siAg- eepys- Hut- be- 1fra4ted -te- pane- ef- eemp1ay- er- aet4v4ty -be4Rg 4deRt f ed;- and- trademapk- er4ege3- except- wehre -aR- approved- reader - Heard- 4s -He4Rg used: FE3 - -tR -add ti.eR;- free- steRd4Rg- signs - may- He- 4REreased -Hy -ten- square= €eet plus- eRe- pereeRt -fer- every- add4tieRa} -ten- feet- eR- 4RereHeAt- exeess -ef the- Fequ4red- setbaek- R- the -4and- use- eeRe -- -This- except *en - lees -net apply - R- areas -w *th i -sox- hundred- feet- ef- a- res *demei4 -eeRe. (C)• Freestanding .signs:. • One freestanding .sign shall•.•be permitted for each site: One .additional freestanding sign may be .permitted for sites which meet •the •fol•lowi•ng •condi•tions: (1) The site has at least 400 linear feet of frontage on a public street. (2) The site has at least two detached commercially- occupied buildings neither of which is accessory to the other; and (3) The site is occupied by at least two tenants. Permitted sign area for each freestanding sign shall be as follows: Street Frontage Sign Area /Sign Up to 200' 50 sq. ft. with total of 100 sq. ft. for all sides 200' to 400' 75 sq. ft. with total of 150 sq. ft. for all sides Over 400' 100 sq. ft. with total of 200 sq. ft. for all sides Any permitted freestanding sign shall be limited in height to thirty -five feet, provided that no freestanding sign shall be higher than the building which it identifies. EXCEPTION: For commercial sites which exceed ten gross acres, permitted height of a freestanding sign may be increased two feet for each additional increment of five acres in land area, provided that no freestanding sign shall be higher than the highest point of any building on the site which it identifies. • adve (D) The Freestanding sign shall contain no promotional copy but shall be limited to the name of the comapny or activity being identified and trade- mark or logo, except where an approved readerboard is used. (E) Nonrolli.'ng: equipment must be displayed from within buildings or glass fronted cases, except in connection with temporary commercial, industrial or public service displays. V. REGi9NAL- SHAPPING PLANNED BUSINESS CENTERS (Y&E-AREA-C-P ZONES) 19. Building Identification Signs -- Displays. Businesses en -the per4meter -e#- the- reg4eRa.- shepp4ng- eeRter -s4te in a planned business center 28 19.32.150 Sections: Chapter 19.36 PENALTIES 19.36.010 Penalty for Violations 19.36.020 Enforcing 9€ #4eer Authority 19.36.010 Penalty for Violations. Any person violating any of the pro- visions of this title is guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed five hundred dollars or shall be punished by im- prisonment not exceeding thirty days, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue constitutes a separate offense and shall be punishable as such hereunder. 19.36.020 Enforcing 8 €i=4eep Authority. The •hieing- a *reetef Planning Director is authorized and directed to enforce all provisions of this code and is directed to issue citations on the Washington Uniform Citation and Notice to Appear form to violators. The C ity`Attorney is authorized and directed to enforce all provisions of this code when a citation has been issued ordering violators to appear before the-Tukwila Municipal Court to answer such charges. 19.36.010 - 19.36.020 . • . • • „ • . ,•••OIOIIII•1 O■OOOOoOMoo•ooP 0000OPP.rOooIW4o-o•Pde.ioOVOIOISSOP".Oool.."PaOe• ...• • —. VI In ta. ..... 0 CD In ID -11 ' = --s -A. m -A. fD = - S CI +O 0 '0 1/1 o.les.nctoo CD - D. ru et C ID 1 -+ 'I 9 C3 -1 ---. -1 --s in '1 —i• t< -• In ri. 0 ...I. rt '1 •••'• 0 •••••• -h CD SCrehfl "S n cu = m • -1 0 fD a, m c+ --e• --s. .--, X fD CU c+ - 1 0- 0101 ..- ql 0. ...a. 1-D -1 cr .... .m..• 01 ...I. et Z •••• et = c-I- ID t •C c+ N 0 0. S ...IA< I/) -11 0 3 1 .< 01 3 7 ...a. CI fri• ...... 0 ID = -A. 11) . .. - 0 et c+ - 1 '"" .. .. . . • 1.41 •• • ... ri . 1 0 i i • r• ,, • • • • II t d «+n es- n ID cm -s 0 -'• M OP 7 13.0 •—• en ua 0 M -II 02 02 "Ti C fp —4 =.8 • X (1) 1< UI Ii I • • .• oft . s e• • • 4 l', ..• ...... i.orj........................ ..ga I • •■••.! pi tl;r111 III II . issr4 C. IL :P 1 • 1 i fir.4 il - • T - inn ., SA • 1 1 1 .21 • 0// 1 ,,...• • • i i i . . „ ..,,,.. • li x i 1 ri • I . ). '• i.li . •, . ... :„... ... / • ' a 1 ,..1 ..;.; • .-.. o r II • \---- e'' t • s• . % 1 I ••• .1.9,11 3 i t , • .-.. i , ..... •-• ..... • , Of e . . ...., . • •1 ••• -. ...- ii 0 L •. • . • / r. • • • -- • - • ----•••••-•,a•ra'gl..A•..r..".21•1:4R City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor MEMORANDUM TO: Sign Code Technical Committee FROM: Mark Caughey, Associate Planner GATE: 11 January 1982 SUBJECT: Draft Language: Multi- Tenant Office Building Wall Signs As requested, the following model language is intended to address the signing needs of multiple- tenant office buildings which have no common entry of lobby and are not conveniently - suited to the use of internal directories alone. These regulations could be placed in Chapter 19.32 as a separate section or within Section 19.32.140 as an adjunct to commercial zone signing controls. Multi- tenant office buildings which will face or abut other commercial or industrial zones and which have no common public entry. Al Each occupant shall be permitted an identification sign which designates the name of the occupant and /or the type of occupation. Such signs shall be attached to the exposed building face as defined in Section 19.08.050. B). The size of any building sign shall not exceed thirty (30) square feet and shall not be longer than seventy percent (70 %). of the exposed building face that the business occupies in the building and upon which the sign is �-• to be placed. Each tenant may also display a room number /letter or street number which is visible to the public street or principal access roadway. Such a sign shall not be counted in the sign area permitted for the business. Dl Each group of professional offices may have a directory listing the names of the tenants on the site and a location map. The directory shall be oriented to the pedestrian on the site rather than the passing motorist. Line C 4 City of Tukwila ti • 1909 Z 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor MEMORANDUM TO: Sign Code Committee FROM: Mark Caughey, Associate Planner DATE: 12 November 1981 SUBJECT: TMC 19.32.040 - Sign Area Permitted for Commercial Buildings We have all agreed that the code section dealing with commercial use areas is in need of some revision, though we're not necessarily in total agreement on what those revisions should be. Accordingly, I propose the following language, including some changes which are explained further in the narrative. First, however, staff finds that 'the current definition of building face area is very ambiguous, insofar as it relates to calculation of permitted sign area. Therefore, we wish to introduce a new term, "exposed building face ", which we hope will clarify the interpretive difficulties which now hinder us. Exposed Building Face - Shall mean that portion of the building exterior wall or tenant space wall area within a building used for sign area calculation purposes as provided below: A) That portion of the building fronting on the principal public street from which the building is accessed. - or- B) That portion of the building which fronts on an improved private vehicular access corridor. - or- C) That portion of the building wall wherein the principal public entrance to an individual tenant space within a multi- tenant building is lcoated. 1 19.32.140: Commercial Use Areas (Except C -PR use areas and service stations) 2 Where properties are located across the street from or abut other com- 3 mercial or industrial use areas. 4 5 A) Signs mounted on exposed building faces - Each business shall be per -001w 6 one (1) building- mounted sign'. One (1) additional building- mounted 7 sign shall be permitted for each business provided: 8 9 a) That the business is not identified on a ground sign and; 10 b) That the business has more than one exterior public entrance 11 in the same building, exclusive of warehouse area doors 4or, Page -2- Sign Code Committee( 2 November 1981 12 13 the building. 14 c) That there is no more than one sign per business on any wall of 15 1) The area of a sign mounted on an exposed building face shall be as 16 provided in Table One: 17 18 Table One 19 20 Area (L x W) 21 Exposed Building Face Permitted Sign Area - Sq. Ft. 22 23 0 - 500 24 501 - 1500 2'5 1501 - 3000 26 3001 - 5000 27 Over 5000 28 29 2) Office buildings with multiple tenancies shall only be identified 30 by the official name of the building, and internal directories shall 31 be used to identify the individual tenants. 32 33 B) Free - Standing Signs - One freestanding sign shall be permitted for each 34 site. One additional freestanding sign maybe permitted for sites which 35 meet the following conditions: 36 37 a) The site has at least 40 D linear feet of cumulative frontage 38 on a public street. 39 b) The site has at least two detached commercially- occupied 40 buildings, neither of which is. accessory to the other. 41 c) The site is occupied by at least two tenants. 42 43 1) Permitted sign area for each freestanding sign shall be as follows: 44 45 Street frontage Sign Area /Side 46 47 Up to 200 ft. 50 sq. ft. with total of 100 sq. ft. on 48 all sides 49 200 ft. - 400 ft. 75 sq. ft. with total of 150 sq. ft. on 50 all sides 51 Over 400 ft. 100 sq. ft. with total of 200 sq. ft. on 52 all sides 53 54 2) Any permitted freestanding sign shall be limited in height to 55 thirty -five (35) feet, provided that no freestanding shall be 56 higher than the Highest point of any building on the site which it 57 identifies. 58 59 60 61 62 63 25 sq. ft. 25 :I- 0.10 x(T.P.A. -•- 500) 125 + 0.083 x (T.P.A. - 1500) 250 + 0.083 x (T.P.A. - 3000) 500 sq. ft. Maximum Exception: For commercial use areas which exceed ten (10) gross acres, permitted height of a freestanding sign may be increased two (2) feet for each additional increment of five (5) acres of land area, provided that no freestanding sign shall be higher than the highest point of any building on the site which it identifies. Page -3- Sign Code Committee( 12 November 1981 okay` 64 3) The free - standing sign shall contain no advertising copyx but "be 65 limited to name of company or activity being identified K and trade - 66 mark or logo, except where an approved reader board is being used. Lines 1 -13 Our present sign code is much to generous in the number of building- mounted signs which it allows, and the potential to exacerbate "clutter" is obvious. Lines 15 -27 Lines 33 -53 Lines 54 -63 The first chance which you'll notice is that signs are regulated by individual business, rather than by building. This approach eliminates ambiguities associated with multi - tenant occupancies. The four criteria by which a second wall sign for a business is permitted are fairly stright - forward and establish a relationship between business exposure on wall signs and ground signs. The new relationship between permitted signage and the number of building entries which a business maintains speaks to the intent of enhancing public convenience in locating a particular business. The table is similar in concept to that in the existing code, but the square footage minimums and multipliers have been changed to become more generous, as the committee seems to want. The formulas are only proposed at this time, and their yield can be adjusted up or down quite easily. The regulation of freestanding signs is basically unchanged from the existing code, as each site is allowed one outright. However, rather than allowing one F -S sign per building, we have provided an opportunity for large -scale to their street frontage. Height regulations for freestanding signs are basically unchanged, except for the new provision which maintains proportionate of building and sign height. Again, reduction of streetside clutter is the intent. Lines 64 -66 Unchanged from the previous sign code. *ILA 1908 City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor MEMORANDUM TO: Sign Code Revision Committee FROM: Mark Caughey, Associate Planner DATE: 3 November 1981 SUBJECT: Non - conforming Signs - Amendatory Language We have generally agreed that the present language of TMC 19.28.030 describes an abatement procedure for non - conforming signs which is costly, at best, for city officials to administer, and questionable, perhaps, in terms of legal defensibility. The concensus approach decided upon at the last meeting seems to be one which allows us to "grandfather" existing legal, non - conforming signs thus avoiding protracted litigation and major costs to the City. This approach still provides a mechanism for gradual removal of non - conforming signs. The alternative language which is suggested below ties the abatement process to private- sector economic decisions, rather than to artifically- imposed regulatory pressures. Here is the proposed amendatory language: 19.28.030: Non - conforming Signs - Any nonconforming sign which was erected prior to May, 1973; or which was erected legally in accordance, with the provisions of the sign ordinance in effect at the time of erection; or which has a valid building permit from the City of Tukwila may remain in use until such time as: 1) There is a change in use of the land, building or tenant -space within a building that the sign identifies. 2) There are substantial alterations or enlargements to the site or building upon which the non - conforming sign is located requiring issuance of a license or permit from the City of Tukwila. 3) There is a change in the letter style, size, color, background, message, or sign structure which requires the manufacturing of a new or modified sign face or structure. EXCEPTION: Easily replaceable letters as in the case of a reader - board requiring no new investment of the sign shall not be considered a change of face. Page -2- Sign Code Revision imittee 3 November 1981 At such time as any of the above - mentioned events occur, the sign must be brought into conformance with this title. Any business with a non - conforming sign shall not be entitled to an additional sign unless the non - conforming sign is adjusted to comply with the provisions of this title. Preamble: The preamble language is organized to cover all conceivable instances which create non - conformity: construction prior to enactment of the present sign code; otherwise -legal signs which may become non - conforming as a result of passing new sign codes or revisions; and any other sign which was granted a permit, perhaps erroneously,but which becomes non - conforming through administrative action. Provision One: Changing the use of a property or a building is a private investment decision. When that use changes, though, it is likely that the non - conforming sign will have to change in message or format to indicate the new use. At that point, the existing non - conforming sign is no longer grandfathered, and it seems reasonable to require that it be removed or brought into conformance with current sign regulations. Provision Two: The most reasonable argument advanced by the holder of a non - conforming sign is that its removal under an abatement clause constitutes an unwarranted financial hardship. That argument is diminished, however, when that same individual requests a permit to effect substantial improvement to his or her property4 It can then be assumed that as part of the cost of extensive re- investment in the business,the cost of bringing the non- conforming sign into compliance with existing regulations would be an integral cost of the improvement. Provision Three: The reasoning here is much the same as that of provision one: An existing non - conforming sign is to be grandfathered in exactly its present condition. Any change thereto which goes beyond reasonable maintenance and prolongs the sign's economic life cycle is beyond the "grandfathering" protection intent. Change of copy or extensive remodeling of the sign should proceed according to the regulations in effect at the time the change is made. MC /blk i11LA 1909 C City of Tukwila Z 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor MEMORANDUM TO: Brad Collins, Planning Director FROM: Mark Caughey, Associate Planner DATE: 19 October 198t SUBJECT: Sign Code Variance Opinion from City Attorney This morning I met with Larry Hard to discuss some of the issues which the staff has raised during our recent review of the Sign Ordinance; here is a summary of his opinion: 1) Is the City bound to use the existing criteria for variance relief as contained in Title 19? Opinion: RCW 35A.63.110(2a). states that no application for variance may be appproved in the absence of the following minimum findings: (a) the variance shall not constitute a grant of special, privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and (b) that such 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 in the zone in which the subject property is located; and (c) that the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated. These findings conform to criteria 1,2 and 4 in Title 18, as referrenced in the Sign Code. It is Larry's opinion, therefore, that a revised draft of the sign code could include other standards more germain to sign- design and placement issues, and that existing criteria 3,5 and 6 can be deleted or revised. Page -2- Brad Collins 19 October 1981 bC / bl k C 2) Does the prerogative of granting relief from the strict interpretation of the Sign Code rest exclusively with the Board of Adjustement? Opinion: In. Larry's review of the RCW, there is no distinct answer to this question. Conservatively, the Board of Adjustment is usually delegated the task of prescribing relief from land - use codes, into which category the Sign Ordinance usually falls. In regard to Al's suggestion that the new sign code contain an appeals board similar to that enacted by the UBC, Larry feels that we can design such an internal appeals process. To do so, we must be able to specify findings which describe why we created such a board, and why a panel of experts is preferable to the layman's Board of Adjustment. One advantage which might be included in the findings is that of a more expeditious review of disputes over temporary signs. The need for such devices is usually immediate and of short -term duration, and it is not feasible to delay;;action to the formal monthly Board of Adjustment session. An appeals board can be convened as needed and a decision reached swiftly. Finally, Larry is highly supportive of Al's concept of writing "exception" clauses into the code as contained in the U.B.C. These items will be especially useful in reducing the necessity for appeal and variance review, as well as in facilitating code compliance through staff administrative action. Y A 79 08 ; y City of Tukwila 2 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor MEMORANDUM TO: Planning Commission FROM: Al Pieper, Building Official Ce DATE: October 10, 1980 SUBJECT: Staff Report: Ordinance #1175 The following interpretations are the result of careful analysis of Ordinance #1175 recently passed by the City Council. Section 7, subsection A(1) is interpreted to mean that a building owner may be granted more than one sign to be mounted on the face or faces of a building provided the property has access to more than one street. More than one access (such as multiple driveways) to the same street would not meet the "access to more than one street" require- ment. Section 7, subsection A(2) is interpreted to mean that the Planning Commission may approve more than one sign on a building provided the accumulative total sign area does not exceed the limitation of table A(1). This allows any building owner /occupant to apply to the Planning Com- mission for approval of more than one sign without taking into account the size of the building. Also, it gives the Planning Commission author- ity to grant the approval. The purpose of section 7 A(1) seems to be to restrict the number of • signs on the face of a building while section 7 A(2) seems to allow unlimited signing with Planning Commission approval. Section 7 A(2) seems to restrict the total square footage of signs without regard for building size, be it large or small. In section 7 A(1) the last sentence stating "the area of signs on each building face shall be as follows" has several implications. The word "signs" is plural which means more than one sign on each building face, and the term "on each building face" implies that signs may be placed on more than one building face or on all build- ing faces. Also, the term "shall," being mandatory, implies that no deviation from the table is permitted or the sign must meet the table and cannot be smaller. 40 MO nM C00 DE niEMSOCM PROCESS �:jtVGl b,WIso1Z'r ria,uu�u' M&T gnat zrAfr WRPo�t� z) WT. OW.co4 1NNIc, WRIT /NG �1uN- �u�r N.J1 -1ST AA170612r1 ca AMJn56 G0s R=at' A HeARING rFr orta ct Ja-lUbJZT LC1Jw ij, OVIEWS ! a,Dap'r I TO: President and Members of the City Council FROM: Community Affairs Committee DATE: 6 August 1981 SUBJECT: Sign Code Revision Process MC:nb MEMORANDUM About 10 weeks ago, the Council approved a time -line and task outline for the Sign Code revision process. A key step in the early stages of the process is that of analyzing and establishing a framework of purposes to be served by the City's sign regulations. As a result of staff research into applicable case law dealing with the authority of municipalities to regulate outdoor advertising in their jurisdictions, and discussion at three Community Affairs Committee Meetings, we have prepared the attached outline of purpose statements for the City's Sign Code and its revisions. City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 The Committee's discussions focused on identifying trade -offs which exist in the inherently- divergent approach to sign -usage by private interests on the one hand, and sign regulation by public agencies on the other. Specifically, the Committee reviewed the following topics of potential conflict, and then attempted to refine under each a series of action - issues which may lead to minimization of those conflicts in the new sign code: 1) Use of signing devices to advertise products /service vs. to identify a business location. 2) Consideration of community aesthetics vs. promotion of a healthy business climate. 3) Attention to public health and safety vs. private property rights. 4) Administrative efficiency in sign regulation vs. opportunity for creative signing approaches. Once the Council has reached a consensus on the statement of purposes, it will be given to the Technical Committee for their guidance in preparing the draft text of a revised Sign Code. • • • 1908 City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor MEMORANDUM TO: Community Affairs Committee FROM: Planning Department DATE: July 22, 1981 SUBJECT: Purposes of Sign Code and revisions Outline suggested from staff research and previous discussions: 1. Protect and maintain the right to advertise existence and location A. Restrict or limit promotion of products and services B. Avoid strip development sign jungle C. Allow local business off - premise signs via variance or exception 4 D. Promote logo as an aesthetic /desirable type of advertisement 2. Restrict generally or prohibit certain types of billboards A. Control billboards as much as regulations allow B. Define aesthetic purposes under police powers as broadly as possible C. Avoid compensating for existing structures 3. Regulate sign permits consistently by uses and types ,A. Differentiate uses and types of signs according to special purposes B. Eliminate current language inconsistencies and ambiguities C. Clarify sign area allowances and procedural exceptions (review possible incentives and /or performance' standards) Page -2- Community Affairs Committee July 22, 1981 •4 4. Amend conformance requirements to address public welfare and safety concerns A. Avoid compensating for existing structures B. Define circumstances under which a sign constitutes a nuisance C. Direct responsible officals to cost - effective administration and enforcement D. Tax non - conforming signs for abatement purposes or punitive ef- fects. far E• Pfov I d e A Tor c.a+.,0-fit - -tk s K c . • .TO: *ILA • 1906 47 City of Tukwila ▪ 6200 Southcenter Boulevard - Tukwila Washington 98188 Frank Todd, Mayor M EMORANDUM President and Members of the City Council FROM: Community Affairs Committee DATE: 6 August 1981 SUBJECT: Sign Code Revision Process About 10 weeks ago, the Council approved a time -line and task outline for the Sign Code revision process. A key step in the early stages of the process is that of analyzing and establishing a framework of purposes to be served by the City's sign regulations. As a result of staff research into applicable case law dealing with the authority of municipalities to regulate outdoor advertising in their jurisdictions, and discussion at three Community Affairs Committee Meetings, we have prepared the attached outline of purpose statements for the City's Sign Code and its revisions. The Committee's discussions focused on identifying trade -offs which exist in the inherently- divergent approach to sign -usage by private interests on the one hand, and sign regulation by public agencies on the other. Specifically, the Committee reviewed the following topics of potential conflict, and then attempted to refine under each a series of action - issues which may lead to minimization of those conflicts in the new sign code: 1) Use of-signing devices to advertise products /service vs. to identify a business location. 2) Consideration of community aesthetics vs. business climate. 3) Attention to public health and safety vs. 4) Administrative efficiency in sign regulation vs. opportunity for creative signing approaches and consistent enforcement effort. Once the Council has reached a consensus on the statement of purposes, it will be given to the Technical Committee for their guidance in preparing the draft text of a revised Sign Code. MC:nb R promotion of a healthy private property rights f City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor TO: Brad Collins, Planning Director FROM: Mark Caughey, Associate Planner DATE: 8 June 1981 SUBJECT: Sign Code Revision Legal Research I) General.Considerations . A) Advertising as a "Property Right" MEMORANDUM In the case of Merit Oil Co. v Director of Division of the Necessities of Life (319 Mass. 301 , t e court declared at e rig t to engage in la ul private business enterprise carries with it the right to advertise the existence and location of that business. Like any property right, however, it should not be considered absolute; reasonable regulation of outdoor advertising is generally supported by the courts, provided such regulation bears an identifiable relationship to the obligation of local government agencies to protect the public health, safety, morals and general welfare (commonly termed the "police power "). Regulations found to be arbitrary can be struck down, even if they are subtely disguised in a cloak of regulatory language. (See, Levy v .Pontiac 331 Mich. 100). In the Levy case, a judge invalidated the Pontiac sign ordinance because it contained no evaluative criteria by which the decision- makers might approve or deny a particular application. As a preliminary step in considering possible amendments to the existing text of TMC Title 19 (The Sign Code), the City Council has asked us to examine some of the principals of case law concerning the ability of local government to regulate signing and advertising. The following is a summation of those topics which seem to be most troublesome to the City's decision - makers, followed by a description of important statutes or cases which suggest the prevailing attitude of the courts. This report is intended to provide an overview of the powers and limitations of advertising controls; of necessity, exhaustive discussion of case - specific intricacies is impractical. In each instance where a particular case or legal annotation is cited, it has been chosen because it appears to es- tablish the general rule of practice. Other cases may exist which ex- tenuate or amend the general rule in the presence of specific circumstances. While these "footnotes" have not been treated extensively in this report, I am prepared to conduct further research on them should the City Council request additional detail on a particular matter. Page -2- Brad Collins 8 June 1981 Throughout my research on the law of sign control, I was impressed time and again with the imperative necessity to document clearly the relation- ship between the regulation promulgated and the public health or safety impact which it is intended to off -set. Although this process is tedious, I believe that we will be able to mount a much stronger defense of a new or revised sign code when challenged, if we take the time while drafting it to identify public health and safety concerns which are to be relieved by exercise of the police power. B) Aesthetic Considerations Almost any discussion of sign regulation leads sooner or later to the qualitative topic of aesthetics. Generally, aesthetic considerations alone are not sufficient grounds for a munucipality to limit private property rights in the regulation of outdoor advertising. In the case of Wolverine Sign Works v.. Bloomfied Hills (279 Mich.205) the court stated: "While aesthetics may be an incident it cannot be the moving factor or sole determinate in considering a challenge to a municipal ordinance, and the court affirmed a judgment enjoin- ing a municipality from enforcing an ordinance which in effect prohibited the maintenance of: billboards without a permit and provided that a permit should not be granted except upon a showing that the maintenance of the billboard was not offen- sive to the inhabitants and did not detract from the beauty of the surrounding neighborhood." While the Journal of American Jurisprudence observes that the courts are placing more emphasis on aesthetic judgments, the principals thereof are tenuous at this point, and the burden still rests on the City to rely extensively on public welfare and safety arguments in compiling its new sign ordinance. A fairly -well established exception to the rule exists, however, in reference to signing located in close proximity to public parks. In the case of General Outdoor Advertising Co. v Indianapolis (202 Indiana 85), the court upheld the City of Indianapolis' ordinance placing an outright ban on erection of billboards within a specified distance from a public park. The court noted that parks serve a unique function in enhancing quality of urban life, and that unobstruc- ted view space around the perimeter of the park is essential to that function. C) Fees and Charges There has been some controversy in the past regarding the City's ability under law to charge for the use of advertising devices in the community. Some staff members have drawn sharp distinctions between the term "fee" and the more generally - applied terms of "tax" or "license ". In my review of the literature, it appears that the terms of license, fee and tax are used interchangeably. Local authorities may impose a reasonable Page -3- Brad Collins 8 June 1981 C charge for the erection of advertising devices if state enabling legis- lation so, permits. There is nothing in the materials I have studied which suggest that such charges cannot be used to generate revenue beyond recovering the actual costs of administering the permit process. In St. Louis Poster Advertising Co. v St. Louis (249 US 269), the court stag that the advertising function carries no special virtue exempting business from justifiable licenses or taxes. I could not find a definitive word one way or the other regarding the suggestion to tax existing non - conforming signs in the City as a means of abatement. My impression from the readings is, though, that such a process would fail on constitutional grounds, if challenged. The law seems to favor uniform application of fees and licenses as an assurance of due process and equal protection under law. In a New York State case, a local ordinance imposing a temporary sign permit fee on non- residents only was dismissed as unjustifiably discriminatory. II) Specific Types of Sign Regulations A) Use of the American Flag for Promotional Purposes My experience in California included two instances where private merchants were seemingly prepared to use the flag as an attention - getting device for their business locations. Obviously, interpretation of intent in these instances became a volatile, emotion - charged process. There are already national laws which prohibit use of the flag as an advertising device (4 USC,4's). The court has found in at least one instance that local ordinance designed to protect the flag from potential abuse in the market . place is not an infringement of personal liberty or patriotism, and does not violate due process. (See, Halter v Nebraska 205 US 34) B) Price Signs State or Federal Law requires certain types of businesses to post the prices of their products (i.e. -- gasoline retailers). It is legally permissable to require price signs to be of a minimum size for legibility's sake, but questionable to control their number and placement on site un- less clearly demonstrated to prevent deceptive advertising practices, or injury to public health and welfare (see, Slome v Godley, 304 Mass.137). C) Amplified Sounds Use of sound trucks during political campaigns and the ubiquitous "ice- cream man" truck with its melody bells are almost institutional. In recent years, though, amplification has become a popular promotional device for stationary businesses as well. This topic represents one instance where technology seems to be outpacing the law. In Kovacks v g24 02r (336 US 77), the Supreme Court did not clearly establish a guiding principal on the absolute prohibition of amplified sounds, even in proximity to public spaces such as parks. Thus, if the new ordinance is to regulate Page -4- Brad Collins 8 June 1981 use of sound equipment in advertising, whether moving or stationary, the circumstances of permissibility should be clearly defined. D) Vehicle Signs We have all observed at one time or another businesses which park an old car or truck with huge signs mounted on it in front of their establishment, usually next to a heavily- travelled route. When confronted with a notice of sign code violation, such entrepeneurs will sometimes try to claim that such vehicles are "company cars ", and that the extra signing advantage which they offer is the result of a loophole. The Supreme Court case of Railway Express Agency v New York (336 US 106) established, however, that a valid distinction can be made between "advertising vehicles ", and vehicles which carry advertising but are engaged in business use for travel and delivery activities. The court found that vehicle graphics of overwhelming scale can divert driver attentiveness, resulting in degradea- tion of public safety. Thus, it is not considered arbitrary for a local sign ordinance to control display of vehicle signs, since a reasonably - scaled display on a business vehicle is less likely to create a traffic hazard. E) Billboards C First, let us see how the court has defined the term "billboard ": "An erection annexed to the land, in the nature of a fence, for the purpose of posting advertising bills and posters" - Cochrane v McDermott Advertising Agency, (6 ALA. APP. 121) The Cochrane case upheld the general use of municipal police power to regulate the billboard industry, on the ground that they are often poorly constructed, constitute a fire hazard, provide a place of concealment for criminal activity, and accumlate filth at their bases. These are reason- able areas of public health and safety which the city is obligated to protect. Regulation, however, can go too far when it takes the form of an outright ban of billboards on private property anywhere within the corporate limits. An ordinance in the township of Colonie, New York was voided by court action as being too drastic for the ills it was intended to cure, i.e. - control of visual blight, etc. (see, Ruth v Colonie, 198 Misc. 608). However, a St. Louis, Missouri case upheld the city's effort to eliminate outright or severely restrict billboard displays in residential neighbor- hoods, due to the health and safety problem potentials identified earlier. (See, St. Louis Gunning Adv. Co. v St. Louis, 235 Mo. 99) While the city may be on weak ground to try to eliminate billboards within the city limits, the courts seem to permit wide latitude in local regula- tion of their dimensions, if a reasonable linkage can be made between the proposed standard and preservation of the public welfare. Height control, Page -5- Brad Collins 8 June 1981 for example, has been upheld in California (Wilshire, 103 F. 620) and Buffalo, N.Y. (Whithier & F. Co. v Buffalo, 118 F. 773). However, a Colorado ordinance was struck down because the permitted height of billboards therein did not bear a reasonable relationship to the height allowance for ordinary fences. (See, Curran Bill Posting Co.v Denver, 47 Colo. 221) Thus, I conclude that the Tukwila's new sign code can become much more restrictive on billboards in• its business districts than the present code provides, by devising height and area limits which relate quantitively to the scale of surrounding development, and to dimensional standards specified in the applicable zoning district. Local sign ordinances can and should distinguish between billboards ad- vertising on -site businesses from those which serve off - premises organi- zations. In Murphy v Westport, 131 CONN 292, the court came out in favor of a local business operator who maintained an on -site billboard advertis- ing his services. But the court also found that the City of Westport had acted reasonably to restrict the number and location of off - premisis billboards, since there exists a difference in intent between serving the narrow interest of short -term rental profits, and the wider community interest of fostering long term local business enterprise. Roof -signs or "sky- signs" generally fall under the same regulatory umbrella covering billboards. Such devices may not be declared a safety menance merely because of their number or their use by off - premises clients. (See, Central Outdoor Advertising Co. v Evendale (124 N.E. 2d 189) In the Central case, the defendant city had passed an emergency ordinance declaring the expanding number of off - premise billboards a menace to the community. The court nullified the distinction between local business and off - premises billboards as insufficient to constitute a threat to the public welfare. Significantly, however, the court did leave room to consider such a distinction under zoning regulations,recognizing the traditional separation of land use districts into local- service and region- al- serving: classifications. It is interesting to note that the law does allow outright prohibition of billboard advertising of certain products or business activities which tend to threaten public health and welfare: Cigarettes, liquor and contraceptive materials have all been included in the inventory of controlled products. Challenges to such local controls have been attempted on grounds of inter- ference with interstate commerce. In Packer v Utah (285 US 105), the appel- lant challenged his denial to display cigarette advertising billboards, claiming that their right to engage in interstate commerce was curtailed, since the posters were printed out -of- state. The court rejected that argument stating: "Assuming that a poster is an article of commerce, the regulations was not aimed at their importation, but at their use once affixed to a billboard in its permanent location; its use is purely intrastate beginning after interstate movement has ceased" Page -6- Brad Collins 8 June 1981 MC /blk IV) Abatement and Compensation Perhaps the most akward part of our present sign code is that which deals with abatement of non - conforming signs. Generally, removal orders against privately -owned signs by a local public agency are governed by the tort of nuisances. Again, since billboards are subject to reasonable control under the municipal police power doctrine, the new sign code should define the circumstances under which a sign constitutes a nuisance. If the test of nuisance is not met in fact, the mere declaration by a legislative body that a nuisance is present does not automatically make it so (see, 'Crawford v Topeka, 51 Kansas 736). That test may be met by the demonstration of an adjoining property owner that a sign as placed injures his substantial property rights (McCloskey v Martin, 56 So.2d. 916). Signs, Billboards, etc. on private lands, when safely and substantially constructed, do not constitute nuisances per se; if maintained properly and not carrying objectionable material, they cannot be ordered down without compensation to their owner (see, General Outdoor Advertising v Indianapolis, 202 Ind. 85). The General Outdoor case established two important rules o compensation: A) Where an ordinance prohibiting billboards is made applicable to existing structures, compensation is required at the full present value for the existing business, boards and leases for the full term they have to run. B) If abatement is not ordered, and the ordinance is regulative (i.e. imposition of a height limit) not prohibitive, compensation for creation of non - conforming status is not necessarily required. It should be noted in any case that loss of economic value of an abated sign, and reasonable costs incurred in its removal, all of which are repaid as compensation by the enforcing agency do not invalidate the use of regulatory police powers (Chicago v Washingtonian Homes, 289 ILL. 206). The mere fact that compensation is ue does not compromise the legal integrity of an otherwise faultless abatement procedure. May 18, 1981 To: Council Chair Gary Van Dusen and Members of the Tukwila Council From: The Board of Adjustment (Richard Goe, Chair; Wendy Morgan, Vice Chair; Anne Altmayer; Joe Duffy; Marcelle Regel) Re: Sign Code Revision Process Recently, the Council was made aware of an April 24 memo from Brad Collins, Planning Director, to Gary VanDusen, Council President, regarding a sign code revision process. The memo- resulted from a Community Affairs Committee meeting and outlined the process for sign code revisions. The memo secifically listed three alternative actions- - "(1). enforce the current sign code; (2). revise the current sign code; or, (3). draft a totally new sign code," and inferred extension of the May , 1981; time limit for compliance on-nonconforming signs. (Ord. #7730103,1973, 19.23.030,TMC,.extended by #1149, 1980 to May, 1981.) A number of issues which have come before the Board have been decided against a background of compliance with the deadline for •nonconforming signs. In postponing the deadline, the Council is giving nonconforming sign owners a property right that-the code denies to other property owners and therefore by necessity has been denied by the Board and City Staff. We reference Waiver Criteria #6 which states: "That the granting of such a variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity." The Council is thus requiring other agencies of City Government to deal with existing ordinances that the Council itself has been re- luctant to deal with. This has been demonstrated by the fact that in previous action the Council postponed the compliance deadline from 1980 to 1981. You are considering tonight, a recommendation which suggests another postponement of this deadline. t _ 1 h —_a „-e While we affirm the need for revisions to the sign code, and we recognize the inherent difficulties in any action taken, nevertheless, we strongly ur a he May 1981 deadline be honored by enforcement. To do anything less is to inflict an injustice to property owners who are now in compliance and to future property owners who will be required to be so. .' , Section 19.28.030. Nonconforming signs.. should. be amended as follows: 19.28.030. Nonconforminngg Signs. All nonconforming temporary signs shall be removed within thirty (30) days of the date of this ordinance. All nonconforming permanent signs which have a replacement value of less than $250.00 shall be brought into conformance with the requirements of this Code or shall be removed within one(1) year from the effective date of this Code. All nonconforming•permanent signs which have.a. . replacement value of $250.00 or more shall not be in any manner altered, reconstructed or moved without being made to conform in all respects with the provisions of this Code; provided that nothing shall prohibit the normal maintenance or repair of any such nonconforming sign where nomajor structural alterations are made, nor the painting or repainting of the face thereof,•and provided further that such nonconforming signs . shall be maintained in a safe, presentable condition, including replacement •of defective parts, painting, repainting, cleaning and other acts required to maintain the sign. For those areas annexed or rezoned subsequent to the enactment of this Code the effective date for the start'of.any time period for the removal or revision of signs shall be the date of annexation or rezoning. Section 19.32.140 (A) should be amended as follows: 19.32.140 Commercial us areas except regional shopping centers and service station-uses where signs-are across the street from•or abut other commercial•use.or industrial use areas. (A) (1) Signs -on faces of building. Unless otherwize provided herein one sign shall be permitted for either .each street- cnEwhich the:' property fronts- each street from which an- improved vehicular access is available. Street shall include for purpose of this paragraph private access roads approved by the Planning Commision and which servestwo or more commercial properties. The area of signs on each building face shall not exceed five percent (5 %) of the projected building face area and shall in no event exceed five hundred (500) square feet. (2) Buildings may utilize two or more signs providing the additional signs or signing is approved by the Planning Commission and is within the maximum total permitted sign area as set forth in Paragraph (A) (1) above. (3) Where buildings are occupied by more than one tenant, the sign area on the building allotted to each tenant shall be uniform. Office buildings with multiple tenants shall be identified only by the official name of the building, and internal directories shall be used to identify the individual. tenants. (4) One free standing sign shall be allowed for each building, except when buildings are supportive to the principle activity of a business and signs are allowed only for the principle use, unless specifically permitted by the Planning Commission. The total area of all the visible faces of this sign shall not exceed two times the area permitted in Paragraph (A) (1) above, and shall in no event exceed five hundred (500) square feet. SOUTHCENTER MAJOR SIGNS Area of Building Face Sign Area Percent of Building Face Allowed Area THE BON - SOUTH ELEVATION 5886 SF 350 SF 5.9 150 SF Jf- THE BON - WEST ELEVATION Area of Building Face Sign Area Percent of Building Face Allowed Area 9020 SF ... 350 SF 3.9 % 150 SF 412 Area of Building Face Sign Area Percent of Building Face Allowed Area THE BON - NORTH ELEVATION 19,750.SF 500 SF 2.5 % 150 SF 'Ai /Pi THE BON - EAST ELEVATION Area of Building Face Sign Area Percent of Building Face Allowed Area 9020 SF 350 SF 3.9 150 SF Allowed Area FREDERICK & NELSON - WEST ELEVATION Area of Building Face Sign Area Percent•of Building Face 16,272 SF 504 SF 3.1 % 150 SF FREDERICK & NELSON - SOUTH ELEVATION. Area of Building Face Sign Area Percent of Building Face Allowed Area 18,144 SF 504 SF 2.8 .% 150 SF Area of Building Face Sign Area Percent of Building Face Allowed Area FREDERICK & NELSON - EAST ELEVATION 16,272 SF 504 SF 3.1 Z 150 SF 1106 �i���►iii�i {f{t {,�{ 1 , Ilh�ij {4{zl��ll�{f #l�l' 4il Gr u'II) f' .� Area of Building Face Sign Area Percent of Building Face Allowed Area FREDERICK & NELSON - NORTH ELEVATION 8568 SF 504 SF 5.9 % 150 SF 1 47814 I I� M" � •. w.. ., .._.,., �i.M1a.sraiv wn°ra7A'iu = - ' *S'r � ,, a ' c a C.•••! . • •. • ; :;, J. C. PENNEY - SOUTH ELEVATION Area of Building Face Sign Area Percent of Building•Face Allowed Area 8,246 SF 416 SF 5.0 .% 150 SF J.C. PENNEY.- EAST ELEVATION Area of Building Face Sign Area Percent of Building Face Allowed Area 13,908 SF 392 SF 2.8 % 150 SF ;21) Area of Building Face Sign Area Percent of Building Face Allowed Area J.C. PENNEY - NORTH ELEVATION 5,610 SF 315 SF 5.6 150 SF i Area of Buidliug Face Sign Area Percent of Building Face Allowed Area NORDSTROM - NORTH ELEVATION 10,530 SF 168 SF 1.6 % 150 SF Area of Building Face Sign Area Percent of Building Face Allowed Area NORDSTROM - WEST ELEVATION 9126 SF 168 SF 1.8 % 150 SF Ni 1 1 Area of Building Face Sign Area .Percent of Building Face Allowed Area LUCKY STORES - SOUTH ELEVATION 2,880 SF 230 SF 8.0 106 SF ENEM Area of Building Face Sign Area Percent of Building Face Allowed Area LUCKY STORES - WEST ELEVATION 4,032 SF 230 SF 5.7 % 13r SF PAY N SAVE - SOUTH ELEVATION Area of Building Face Sign Area Percent of Building Face Allowed Area 2,880 SF 248 SF 8.6 106 SF. SHUCKS — SOUTH ELEVATION Area of Building Face Sign Area Percent of Building Face Allowed Area 1,152 SF 160 SF 13.9 39 SF SHOPPING CENTER PYLON SIGN Height Limit - 90' Actual Height - 86' Allowable Area 1/2 '.:of 300 SF per abutting street Allowable = 1(300)(4) = 600 SF Actual Area = 1,050 SF Setback - less than 20'