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.
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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,�
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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
. • . • • „ • .
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• ----•••••-•,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
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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
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•
.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'